Trying to get a deal done with a motivated sell but we have deed issues:
Question for legal counsel, Would affidavits from the majority of members removing uncle a manager be enough for the deal to move forward. Back ground of issue below from Seller
Pertinent facts for analysis:
- My wife and I acquired the properties through a quit claim deed signed by N**********, manager of McGinty Land Co. LLC as compensation for debt against the properties. The debt against the properties are not in dispute.
- N******** was authorized to transfer the properties as a single manager without the signature of the co-manager, John C. McGinty. (See section 5 of the Articles). Seeing that no efforts were being taken to pay the debt, we contend that N*********** was acting “validly within her scope of authority” to transfer the properties. To date, no actions have been taken nor any offer made to repay the debt.
- Co-managers, N********** and John C. McGinty were appointed managers of the LLC by the previous managers under the authority of a single signature in which they along with other siblings were added as members. We are not aware of any amendment to the Articles subsequent to the appointment of new managers or before the signed quit claim deed.
- We received a Judgment of Dismissal (CV2015-011129) for an action John C. McGinty filed against us for fruad in attaining the properties. He withdrew after we filed our answer in which we included among other things documentation alleging fraud against him.
This is all the information i have so far on the case, if anybody can give me advice on how to handle this legal issue.
Jeremiah Gutierrez
