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jck08 · Oct 28, 2009, 08:05 AM

I was gifted a deed out of "love & affection" over 10years ago. I have been in court with the giver to prove it was mine after lies he told-saying he never signed, he never came had the deed made up, he this & that. Well we went to court and he told the story he was filinf bankrupty and was hiding it in my name. Well the judge said he felt that he was going to file-although I had his bank records/statements showing no debt at the time & was owner to 80,000.00worth of cars. ANd the judge gave the land to him. I am filing appeals for the cort not following proper proceders-long story, papers missing from file, judge not signing off on things from my lawyer, avoiding my lawyer, his layer missing filing dates just this & that. I am also filing appeals, since in VA I was told a gift can not be taken back or the courts can't give it back. Please let me know if it can be taken back? Where in the general statues I can find this? ANd what's the odds of my appeal being heard or accepted?

JudyKayTee · Oct 28, 2009, 09:08 AM

I'm going to answer your question by asking a question because I need more info - what EXACTLY did the Judge say? That this never was a gift OR that it was and the Judge was reversing it?

Yes, I've seen Judges "reverse" gifts if the Court believes the purpose of the gift was to avoid taxation, child support, a lien, a similar purpose. In those cases the Judge ruled a gift was never involved - it was a transfer to avoid some legal process.

jck08 · Oct 28, 2009, 09:46 AM

Ok He created a deed in 04 and transferred the land to his company and pretended like my deed was fake.This judge heard all the different stories that he told along the way for the past years. But what the judge said was He felt that there wasn't enough burden of prrof and that he felt he was actually planning to file bankrupty & stated although he never did. ANd he made my deed null in void.

ScottGem · Oct 28, 2009, 10:54 AM

Did you have an attorney? If I follow you, circa 1999 he executed a deed conveying the property to you. Was this deed registered with the county? Then in 2004, he executed another deed transferring the property to his company. Was this deed ever registered?

jck08 · Oct 28, 2009, 11:35 AM

Yes had a attorney who kept aruging with his attorney & trying to get a point across that he was not a bona fide purchaser but his attorney kept coming back to the bankrupty thing. Both deeds are registered with county, I found out his deed was reg. with his company when I went to reg. my deed.

ScottGem · Oct 28, 2009, 03:37 PM

Originally Posted by jck08

both deeds are registered with county, i found out his deed was reg. with his company when i went to reg. my deed.

Wait a minute here! Was the deed conveying title to you registered AT THE TIME it was executed? Or did you try to register it recently, AFTER the 2004 transfer?

jck08 · Oct 28, 2009, 04:46 PM

No I didn't reg it at the time it was done since it was done in another county and the county the land was in another county was over hour away.. so I wasn't able to do it at the time.when I finally went to do it, I found out there was this other 2004deed to his company from himself.. I felt a deed was a deed & it didn't matter and no one could enter into another without me.. I had another property before this one & registered it the day before I sold it. This is what I thought I was suppose to do, reg when you got ready to sell.

ScottGem · Oct 28, 2009, 05:11 PM

Well, you now have a problem. There was nothing to stop him from registering a new deed, because he was still the owner of record. I'm a bit surprised they accepted your deed since it predated the other.

But your failure to register your transfer before he executed another deed may cause you problems in pressing your claim.

jck08 · Oct 28, 2009, 07:22 PM

Yes I understand this. The per date is what he says he never signed then openly admitted to signing it in court along with saying he wasn't owner of his company then he openly said he was about the 3 or 4th time in court 2yrs ago. But his compnay is not a bonafide purchaser right? So he can't hide it under his company, no matter who recorded frist right? I thought since he has signed into one deal and can't go change it and put it under someone else, i.e. his company and say its not him or his anymore. But this court battle has been going on 4years now.

ScottGem · Oct 28, 2009, 07:53 PM

Property can be transferred to a corporate entity as long as it's a legal transaction.