Hello everyone. This may be the longest message I will post, but I wanted to give you a final update on something I have been dealing with for over a year. As most of you know, I won a law suit against my ex an her parents in the kidnapping of Keisuke. In the judgement I was awarded my exs rental home they had in Bakersfield. Well, thats when the next chapter started up. It ends up that Reikos dad Gift Deeded the house to a Frank Brandes. He decided to sue me because he said he was the owner of the house and should have been included in the suit. Problem for him is that he wasnt the owner when proper service had been rendered on my ex and her parents. First of all I filed a $375,000 Lis Pendens on the property and had them served with notice on September 16, 2010. My father-in-law signed the gift deed to Frank Brandes 5 days later on September 21st. Then we move ahead 15 months later. I had my ex and in-laws served notice for the civil suit I filed against then on December 12, 2011. Mr Brandes, a family friend that Reiko lived with for 7 years and considers a 2nd dad, recorded his gift deed on December 30, 2011; 18 days AFTER my proof of service was filed against my in-laws. As you can see, the filing of the gift deed was nothing more than a fraud. Another piece of the puzzle that Mr. Brandes, nor my ex and her parents didnt know because she never got a final copy of the divorce papers since she fled the country, was that the day Reiko fled to Japan she Quit Claimed her interest on the property she owned with her dad, back to her father. In the divorce, the judge ordered her back on title as a joint tenant with her father. At best, Frank Brandes would have had interest in the property as a joint tenant. Since Joint Tenancy is an Undivided Interest in the property, I still get the house due to the lawsuit against Reiko that I had won. The court ruled as such in the first case and stated Mr Brandes had the right to take title but he was subject to the Lis Pendens I had filed in September 2010. Well, he didnt like that ruling so he decided to go Judge Shopping and refiled a new law suit against me. I gave my attorney carte blanche to do whatever it takes within the law to take him down. It was a fraud and everyone know. My in-laws were behind this whole thing and didnt think I was smart enough to face them. This time around I had every document imaginable to show this was a fraud. When my attorney went to contact his attorney, my attorney found out that his attorney had quit law all together. So, it went to his superior of the law firm. Then we learned that the partnership at the law firm dissolved. My attorney finally spoke to the attorney who was going to be handling the case and showed him the evidence. It was such a strong case that my attorney advised his attorney that we were going to seek sanctions against the law firm and Frank Brandes if they dont drop the case with prejudice. It was at this point the other attorney said This isnt Franks fight. He needs to go away. But they decided for 1 last attempt for me to cave in. I was told if I was to sell the house and give him the money, I could possibly see my son. My attorney told him no and and told hi to rethink his words in that it was presented as extortion or blackmail. Keep in mind the Frank Brandes told the judge and the attorney that he hadnt seen or spoken to my in-laws in some time. So how could he make such an offer? hmmmm So finally, today, after dealing with this for 14 months, Frank Brandes finally paid the monies owed from the prorated rents and the tenants deposit I had initially won in a small claims action over a year ago. During the mediation process in the small claims I was asking Frank about when the gift deed was signed over and when was it recorded. He kept saying it didnt matter, while I was showing the dates and stating the law. He made the comment to the mediator Dont listen to him. He thinks hes a lawyer. I said not at all. I just been in the real estate business for over 29 years. Maybe I should send a letter that reads Hows that for I guy who thinks hes a lawyer? So anyways, I apologize for the rambling but this was a huge accomplishment to finally have off my plate. The house is forever mine and he, nor anyone else can file a claim on it again. I want to thank all my friends and family for their support. And a big thank you to my attorney Kieth deBrucky. He was the only attorney I have dealt with during this time who was professional, honest, persistent, and hard nosed. It is much easier to be that way when you have all the facts and evidence on your side. If you ever need a good attorney for real estate, or wills, trusts,etc, I highly recommend him. His office is in Placentia. God is Good!
Posted on: Thu, 11 Dec 2014 03:17:00 +0000
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