Court restores property control to local family in alleged forgery claim
By BILL GUIDA bguida@kenoshanews.com May 24, 2018 Updated 17 hrs ago (4)
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With a court ruling in their favor Thursday, a 100-year-old nursing home resident and her sons can rest easier knowing she won’t be at risk of losing critical Medicaid benefits.
Harriet Caudill and her son, David Ashe, and grandson, Michael Ashe, all of Kenosha, were granted summary judgment by Kenosha County Circuit Court Judge Chad Kerkman in a portion of their case against Alan “Scott” Barter.
The case, filed March 13, involved Barter — owner of Barter Financial Services Inc. and president of Kenoshans for Open/Honest Government, a political action committee — reportedly forging Caudill’s name on a quit claim deed just over a year ago, then illegally notarizing the document.
The action improperly conveyed Caudill’s interest in a life estate she held for her former residence.
Documents dispute
Affixing his seal as a notary public for the state of Wisconsin served as a formal declaration and acknowledgment by Barter that Caudill was present before him and executed the deed, which, Caudill’s complaint stated, Barter “personally knew to be false.”
On the same date in April 2017, according to court documents, without Caudill’s “knowledge, consent or direction,” Barter prepared and electronically filed a Wisconsin real estate transfer tax return as a precondition to recording the deed.
Attorney Gregg Guttormsen, who represented Caudill and David Ashe in the case, said it was imperative that Caudill’s life estate in the property be restored, that the conveyance of the property to a corporation in her son’s name be terminated.
Barter, according to court documents, created the corporation in David Ashe’s name but without his consent. Thursday’s ruling rendered the corporation moot, effectively dissolving it.
Medicaid at stake
Time was of the essence in restoring title and ownership, since Ashe had to file his mother’s Medicaid annual report before the end of the month to keep her benefits intact. The benefits cover Caudill’s nursing home expenses.
The motion for summary judgment was based on Caudill and the Ashes never having executed any deeds or authorizing Barter to act as their agent in the matter.
Their complaint alleged Barter “knowingly and intentionally executed the signature in a manner that was inconsistent with his ordinary handwriting and would instead give the appearance of having been written by a frail and elderly person.”
Said Guttormsen: “The three causes of action that we took judgment on today (Thursday) only related to the issue of title and ownership of the real estate. The issues as it relates to the alleged forgery were not pertinent to today’s hearing. So, the court ruling on the summary judgment motion did not affect Mr. Barter directly.”
“The remaining causes of action in the lawsuit directly against Mr. Barter are preserved for us to address at another time,” Guttormsen added. “That decision has not been made yet. The primary focus was to get title cleared up in Harriet Caudill’s name, and we will decide where to go from there.”
State cites notary
Barter, who hosts a weekly talk radio show on WLIP AM as well as a community access cable TV show, did not appear in court Thursday.
In a separate but related matter, Mark Schlei, deputy chief legal counsel for the Wisconsin Department of Financial Institutions, cited Barter in a May 1 letter for reportedly forging the documents.
In the letter, Schlei referenced Wisconsin law and notified him of the permanent revocation of his notary commission.
According to Schlei’s letter, the department reviewed a complaint stemming from the Caudill case regarding Barter’s actions as a notary public. In it Schlei called into question Barter’s answer to the Caudill complaint.
Schlei wrote, “Your response consisted of the answer you filed on April 16, 2018, with the court in this matter, as well as answers to several follow-up questions (from Schlei).”
Barter admits to forgeries
“After review of these filings and responses,” Schlei continued, “the department has determined that you forged a quit claim deed (which you have admitted) and subsequently improperly notarized it (Ms. Caudill never having appeared before you). As a result, the department has today revoked your notary commission. This revocation is permanent.”
In an exchange a day earlier with Schlei, Barter admitted to the forgeries, but, he wrote: “I don’t feel that it should be considered a forgery as I never intended to defraud anyone and clearly never benefited from this transaction.”
In his answer to the allegations made by Caudill and David Ashe, which Barter filed last month with the Clerk of Courts Office, he asked the court to dismiss their suit as “frivolous litigation.” He contended the allegations were “not factual, unwarranted and that the plaintiffs have not suffered any damages.”
Caudill has been declared medically incompetent and is physically incapable of holding a writing implement. Hence, the lawsuit sought to negate Barter’s unauthorized actions in her and David Ashe’s names.
The complaint claimed, because of “the negligence of Barter and Barter Financial,” Caudill’s interest in the property at issue “will no longer be treated by Medicaid as an unavailable asset following (her) passing and (David Ashe) will suffer damages … under the Medicaid Estate Recovery Program.” |
