Randall Greene lot 383

From: Kathryn Sutherin <kathrynsutherin@aol.com>

Sent: Monday, September 19, 2016 7:59 PM

To: timlaw81@aol.com; joanne@holtcpafirm.com; jimlshelton@hotmail.com

Subject: Randall Greene lot 383

This is my personal favorite.

Background is simple. In September, 2011 Bill Boylan (Alfreso Acquisitions) acting as a realtor, purchased a home on lot 383 for the Ruperts (cash) but put the title in Bill Boylans name and promptly moved in. Ruperts file a lawsuit against Bill Boylan to get possession of house.

In 2013, DCS on behalf of HOA files against Alfresco for outstanding club and HOA dues owed for multiple properties that Alfresco had purchased (including the Ruperts house). Greene (developer representative and hideous human being) is deposed June 12, 2013 (with Jim Ryan present). As part of that deposition Greene makes reference to the Ruperts lawsuit with Alfresco and his belief that the Ruperts were robbed of their house (see highlights from Greene deposition attached)

On 4/28/2014, EVEN though DCS and Greene were fully aware of the lawsuit and agreed that Alfresco didn't have proper title, Jim Ryan acted as closing agent to transfer the property from Alfresco to DCS "as partial satisfaction of judgement". On 5/30/2014, Jim Ryan acted as closing agent to transfer property from DCS to Randall Greene. All liens were dropped. Both deeds state "without benefit of title search".

Ruperts, after getting a final summary judgement against Alfresco to get possession of the house, amend the suit to take possession from Randall Greene starting the process all over again. Finally on May 1 2016 (four years and 2 fraudulent transfers later) the Rupers get possession of the house only to then be sued by DCS for outstanding HOA and club dues. Randall Greene wasn't paying while he had title to the house. The AR aging report has the Ruperts owing $11,144.48 even though they've only had legal possession of the house for 3 months (report based on 7/31).

I've attached the appeal ruling in favor of Ruperts because its a quick read and outlines everything. I've also attached the 2013 deposition (highlighted references to Ruperts but's it's an interesting read all around) and Ryans affidavit outlining his role in the transfer. I can send more if needed.

Note: The 2013 deposition isn't public record. It was forwarded to me from another attorney who thought I'd be interested.

With respect to the above, (1) Ryan was aware that there was an issue with title when transferring it and did it anyway (2) the intent of the transfer was to satisfy a judgement to the benefit of HOA and Club dues however it appears that the only one that benefited was Randall Greene who got a house for free for 2 years and legal fees paid by the HOA to defend him for the fraudulent transfer.