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this is the reading material for this paper.
Rancher Chelsea buys a house with her husband, Captain Butthead. They are tenants in common. The loan is in his name but the property is in both their names. The house is a modular and sits on 5 acres. There are no improvements. Rancher Chelsea is a very industrious cuss and builds a barn, shedrow, and garage. Rancher Chelsea is in a VERY bad marriage situation and Captain Butthead goes and gets her paychecks every payday from her job at Vail the Monstrosity. This would normally be unacceptable but Captain Butthead is a police officer and no one questions the legality. They all love Captain Butthead at Rancher Chelsea’s work because he brings in all his cop buddies to the restaurant on the property and makes everyone feel super safe.
Rancher Chelsea, ever industrious, figures out that in certain circumstances she can make extra money, like waiting tables, hauling luggage, parking cars, etc., so she always offers to help out in these positions – not only does it get some cash that Captain Butthead knows nothing about, but it also helps her to learn more about the resort industry and running a hotel. (Rancher Chelsea is a Security Guard after quitting the police department but eventually becomes Assistant Director of Resort Operations). After a period of years, Rancher Chelsea has saved up enough money to buy the two lots surrounding her house, first one and then the other, over the course of a year, (The money was deposited in a super secret CD with a pretty decent interest rate) because she has horses and knows the only way she can escape Captain Butthead and keep them is by purchasing her own property. Rancher Chelsea buys the two lots, but only one of them is just in her name – the other is in her father’s and hers (the one she bought second). Captain Butthead finds out about the first lot because the county does something stupid, and initially goes completely nuts, but then, unbeknownst to Rancher Chelsea, starts negotiating with the mortgage company to get a home equity loan, using this new lot as collateral. Rancher Chelsea has, in the meantime, fenced the property. The property lines are still intact, leaving the property as two separate lots.
Captain Butthead happens to be sleeping with the lady from the title company, which Rancher Chelsea is vaguely aware of because her step-son is best friends with Title Lady’s son. Rancher Chelsea chooses to ignore this and plots Captain Butthead’s demise instead as a better use of her mental capacities. Captain Butthead gets home equity loan for $ 75,000, still unknown to Rancher Chelsea, and signs all documentation with Title Lady as notary – even the parts where Rancher Chelsea was supposed to sign, in other words, forged the documents. Rancher Chelsea knows nothing about this until she gets a new job, grows some cojones and files for divorce.
Captain Butthead lied about it on the financials, but the mortgage company put a little notice on the door saying the property had been foreclosed on and needs to be vacated in 30 days, and somebody finally took pity on Rancher Chelsea at the mortgage company (because the account was not in Rancher Chelsea’s name so she could not get any info AND mortgage company would not take Rancher Chelsea’s mortgage payments) and faxed her the documents. Apparently Captain Butthead did not pay the mortgage for quite some time, a fact that Rancher Chelsea was unaware of until it was too late. In the meantime Captain Butthead has fled the state with his newest girlfriend, the wife of his best friend, using a credit card that Rancher Chelsea knew nothing about but had her as a signer of the account, making her financially responsible, in a truck that Rancher Chelsea was a co-signer on that was later abandoned in the desert. Captain Butthead left his two minor children with Rancher Chelsea because their natural mother was living in another state and in and out of rehab. (FYI Captain Butthead married that girl about two years later and she divorced him a few years after that and took him to the cleaners…)
When the modular and the initial 5 acres was foreclosed on, Rancher Chelsea also lost her 5 acres for which the documents had been forged since there was a home equity loan using the land as collateral. Rancher Chelsea argued with the mortgage company, but since her name was not on the loan they refused to talk to her. Rancher Chelsea could not afford an attorney, and her hair started to fall out from the stress. Rancher Chelsea tried to get things changed on the deed, and filed liens and quitclaims, but she had no idea what she was doing and nothing worked. Finally Rancher Chelsea gave up because fighting was costing more than the land did.
The question is – how did the mortgage company, the title company, and Captain Butthead get away with all this? What is the state of the deed now? Who owns what??? Are any of the mortgages/DOTs effective against Rancher Chelsea? What’s going on here? Who can put the pieces of the puzzle together . . . .
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