Suit claims property wrongfully taken

Whitney Brakken Dec. 29, 2013, 3:01pm

A Jefferson County man has filed a lawsuit alleging his property was illegally transferred to the defendant.

Robert Denicourt filed a lawsuit against Jamie Lynn Torres on Dec. 17 in Jefferson County District Court. The suit cites breach of fiduciary duty, fraud, conversion, cancellation of deeds and trespass to try title. 

According to the complaint, Denicourt appointed Torres his agent-in-fact under a Power of Attorney and Torres was in charge of the upkeep for some of Denicourt's properties.

The plaintiff alleges that while he was sick, the defendant formed a limited liability corporation, alleging that it was necessary for liability protection.  Denicourt claims Torres assured him he would be a member of the LLC, according to the suit.

Torres allegedly executed a special warranty deed conveying Denicourt's property to the LLC and reserved a life estate for the Denicourt, according to the complaint. The plaintiff says he signed the deed, believing he was a member of the LLC and therefore retained ownership in the property, but in reality Denicourt was not a member of the LLC.

The complaint says, on Nov. 7, 2011, the LLC conveyed the property to Denicourt individually and on Dec. 11, 2011, Denicourt filed a Certificate of Termination for the LLC.

The plaintiff alleges the LLC was only created to allow the defendant to transfer the property to herself individually.

Denicourt is seeking an undisclosed amount in damages, including a declaration that the deed is invalid and an order rescinding the deed.

He is being represented in the case by attorney Lance P. Bradley of McPherson, Hughes, Bradley, Wimberley, Steele & Chatelain.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Case No. D195-053


This is a report on a civil lawsuit filed in the District Court of Jefferson County. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.

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