Baker v. Speaks

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This third appeal concerned a judgment obtained by David and Elizabeth Speaks against Byron Baker. Two properties, the Corsi Ranchettes lot and the Misty Meadows lot, were fraudulently transferred by Byron and Rosemary Baker to their son, Nathan, who, in turn, transferred the properties to Bryner Farms, LLC, a family-owned company, which conveyed the properties to Pat’s Dream Project Trust and MME Trust (collectively, “the Baker Defendants”). The Baker Defendants asserted the property was exempt from execution from the judgment against Byron, alone, because it was held by Byron and Rosemary as tenants by the entirety. The district court concluded (1) the Bakers were not married when they took title to the Corsi Ranchettes property, and therefore, Byron’s interest was not entitled to protection from legal process; and (2) the Speaks brought the action to declare the Misty Meadows property transaction fraudulent within the applicable limitations period. The Supreme Court affirmed, holding (1) the district court properly found that the Speaks were entitled to execute on Byron’s interest in the Misty Meadows lot; and (2) the district court did not err in concluding that the Bakers could not create a valid tenancy by the entirety with regard to the Corsi Ranchettes lot. View "Baker v. Speaks" on Justia Law