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Case Type Deed Transfer Skills Developed Client Interviewing/Drafting

Case #19-0042892

Client seeks assistance obtaining a deed to her property. In 1989, client and her then-husband entered into an installment contract with the Department of Veterans Affairs (VA) to purchase the property. In 1991, the VA transferred its ownership of the property to Banker’s Trust Company as Trustee for the American Housing Trust IX. When client and her ex-husband divorced in 2003, the property settlement agreement awarded the property solely to client, but the ex-husband never transferred his interest in the property to her. Client continued paying on the installment contract. Shortly after client made her final payment in November 2014, Bank of America sent client a deed that transferred ownership to client and her now ex-husband. However, client misplaced that deed before she could record it. In March of 2019, Bank of America recorded a Satisfaction of Mortgage, stating that it now owned the mortgage debt that the VA incurred in 1991 and was marking it satisfied. However, the 1991 document was a deed, not a mortgage, and there is no documentation provided that substantiates Bank of America as a successor-in-interest to Banker’s Trust. As a result, client now needs assistance in getting a new deed from Bank of America, including proper documentation of Bank of America’s interest in the property. Client will also need help applying to the Tangled Title Fund to pay for transfer taxes. Once title is in client’s and her ex-husband’s names, VIP can find another volunteer to enforce the terms of the divorce and have full title put into client’s name.