Trustees seek declaratory judgment against liens on property

By Whitney Brakken | Dec 17, 2013

WINFIELD - Co-trustees of a revocable trust sue are seeking a declaratory judgment that liens recorded against an individual do not attach to the property owned by the trust.

Dencil M. McGrew and Connie L. McGrew, as co-trustees of the Dencil C. McGew 2004 Revocable Trust, under agreement of trust for the Dencil M. McGrew 2004 Revocable Trust, dated Aug. 23, 2004, filed a lawsuit Dec. 6 in the Circuit Court of Putnam County against Lisa Moye, in her capacity as escrow agent.

The complaint states on Oct. 18, Moye acted as the closing attorney for real estate transactions between the trust and Teays Valley Townhomes LLC. The defendant performed a title search and three abstracts of judgment were discovered against Dencil McGrew, individually, and were in favor of the Putnam County Fire Service Board, according to the complaint.

The plaintiffs say the three judgments held by Putnam County Fire Service Board were filed against Dencil McGrew, individually, but the trust is the owner of the property.

The plaintiffs seek a declaration that the abstracts of judgment against Dencil M. McGrew, individually, do not attach as valid liens against the property owned by the trust, an order to the defendant to release to the trust the $24,742.50 in escrow, fees and costs. The plaintiffs are being represented in the case by attorney Eric S. Embree of Tyree, Embree & Associates PLLC.

Putnam County Civil Action No. 13-C-395

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