Deed not recognized 1
Four responses with comments
Linda Mellott
2003.08.04 10:59 am (Linda Mellott to Anthony O’Connell)
"I have been requested due to the absence of Janet Coldsmith to respond to your inquiry concerning the deed book information displayed on the Real Estate records and subsequent tax bills for the property located on Map Reference 090-4-01-0017 described as ACCOTINK STATION. Our records contain the reference transferring ownership as WB201-109 as the recorded document with the Land Records of Fairfax County Circuit Court to be the Last Will and Testament of Harold A O'Connell and the transfer of his Fairfax County real estate holdings to his listed heirs. We also display on our record the deed book and page where the heirs of Harold A O'Connell in October of 1992 under a Land Trust agreement named you as the Trustee of this property. DB8845-1444 is the Power of Attorney appointment by the heirs for you to represent them on matters pertaining to this property, and DB8845-1449 further defines your duties and responsibilities as Trustee. It also lists the Percentage of Interest in the Trust. These two documents do not convey ownership and are not required to be a part of the Real Estate records. Since they are recorded with the Land Records of Fairfax County Circuit Court, they are able to be researched by anyone inquiring about the handling of the real estate formerly owned by Harold A. O'Connell."
I don't undestand
- If: "We also display on our record the deed book and page where the heirs of Harold A O'Connell in October of 1992 under a Land Trust agreement named you as the Trustee of this property" refers to the Deed in Trust Under Land Trust Agreement at Book 8307 pages 1446-1452, why it is being called a "Land Trust agreement"? The Land Trust Agreement is at book 8845 pages 1449-1462.
- Why, when addressing the issue of conveying ownership, are the two of the three trust documents that do not convey ownership identified by book and page number but the document that does convey ownership is not?
- Why would "It also lists the Percentage of Interest in the Trust" be an issue? If the 1992 deed for Accotink and the notarized "Assignments and Receipts"is recognized percentages would not be an issue. Making the percentages an issue would put the accountants in control.
2004.08.09 (Linda Mellott to Anthony O’Connell)
I have been requested to respond to your inquiry concerning the deed book information displayed on the Real Estate records for the property located on Map Reference 090-4-01-0017 described as ACCOTINK STATION. Our records contain the reference transferring ownership as WB201-109 as the recorded document with the Land Records of Fairfax County Circuit Court to be the Last Will and Testament of Harold A O'Connell and the transfer of his Fairfax County real estate holdings to his listed heirs. We also display on our record the deed book and page, Book 8307 Page 1446, where the heirs of Harold A O'Connell in October of 1992 under a Land Trust agreement named you as the Trustee of this properly. The phrase you listed [?] and the wording in this deed define your authority as trustee,
Editor’s note: A photocopy of the fourth paragraph of Bk8307 1446, Deed in Trust Under Land Trust Agreement, is inserted in this email. The text is as follows. The parts in [brackets] were cut off but put back by the editor.
"Full power and authority is hereby granted to [the Trustee] and their successors and assigns to protect and [conserve the] property; to sell, contract to sell and grant options [to purchase] the Property and any right, title or interest therein on [any terms;] to exchange the Property or any part thereof for any [other real or] personal property upon any term; to convey the Property [by deed or] other conveyance to any grantee, with or without [consideration; to] mortgage, pledge or otherwise encumber the Property [or any part] thereof; to lease, contract to lease, grant options to [lease and] renew, extend, amend and otherwise modify leases on the [Property or] any part thereof from time to time, for any period of [time, for and] rental and upon any other terms and conditions; and [to release] convey or assign any other right, title or interest [whatsoever in] the Property or any part thereof."
I do not understand
- Why a photocopy of the fourth paragraph** of the 1992 Deed for Accotink is inserted into the email when the preceding three paragraphs* are the paragraphs that describe this deed as a deed.
1992 deed, in part
"DEED IN TRUST UNDER LAND TRUST AGREEMENT
*THIS DEED IN TRUST UNDER LAND TRUST AGREEMENT, made this 16th day of October, 1992 by and between JEAN MARY O’CONNELL NADER and HOWARD NADER, husband and wife, SHEILA ANN O' CONNELL and PIERRE SHEVENELL, husband and wife, ANTHONY MINER O’CONNELL, divorced and not remarried, and ANTHONY MINER O’CONNELL, Trustee Under the Last Will and Testament of Harold A. O’Connell (collectively, “Grantors"); and ANTHONY MINER O’CONNELL, Trustee, of Fairfax County, Virginia (hereinafter sometimes collectively referred to as "Trustees" or "Grantees"):
W I T N E S S E T H:
That Grantors for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, do hereby grant and convey to the Grantees as trustees the hereinafter described parcel of real estate, situate and being in Fairfax County, Virginia, and being more particularly described on the attached and incorporated EXHIBIT A- ("Property").
TO HAVE AND TO HOLD the Property in fee simple, with the appurtenances thereunto belonging, upon the trusts and for the uses and purposes set forth herein and in that certain Land Trust Agreement dated as of 16th day of October 1992, which is incorporated herein by this reference.
(photocopied paragraph follows)
Full power and authority is hereby granted to the Trustee and their successors and assigns to protect and conserve the property; to sell, contract to sell and grant options to purchase the Property and any right, title or interest therein on any terms; to exchange the Property or any part thereof for any other real or personal property upon any terms; to convey the Property by deed or other conveyance to any grantee, with or without consideration; to mortgage, pledge or otherwise encumber the Property or any part there of; to lease, contract to lease, grant options to lease and renew, extend, amend and otherwise modify leases on the Property or any part thereof from time to time, for any period of time, for and rental and upon any other terms and conditions; and to release, convey or assign any other right, title or interest whatsoever in the Property or any part there of.
2004.04.22 9:20am (Linda Mellott to Anthony O’Connell)
We are in receipt of your email with respect to the owner and legal description listed on the property described as Accotink Station, 15 Acres. As a reference, I am including your questions from your most recent email in my response:
1. If it is not clear that I am Trustee for parcel 0904-01 -001 7 would you please tell me why?
According to our records, you are clearly the Trustee for the above referenced property based on the will transferring ownership in WB201-109 as the recorded document with the Land Records of FairfaxCounty Circuit Court to be the Last Will and Testament of Harold A O'Connell and the transfer of his Fairfax County real estate holdings to his listed heirs. We also display on our record the deed book and page where the heirs of Harold A O'Connell in October of 1992 under a Land Trust agreement named you as the Trustee of this property. The information that you have requested be added to our records would be researched for a title search and is maintained and available through the Land Records Division of the Circuit Court.
2. Does my having to ask nineteen (19) times for the 2003 tax bill for parcel 0904-01-0017 have anything to do with the incorrect legal description on the tax bill for parcel 090601- 0017?
When you notified our office in July of 2003 of your current mailing address in Arizona, a copy of the tax bill was sent to you via email and followed by a hard copy bill on Monday, July 28. The legal description is correct for this property as listed on our records. The additional documents that you reference are not the legal description and are not required to be included on the Real Estate record. DB8845-1444 is the Power of Attorney appointment by the heirs for you to represent them on matters pertaining to this property, and DB8845-1449 further defines your duties and responsibilities as Trustee. It also lists the Percentage of Interest in the Trust. Since they are recorded with the Land Records of Fairfax County Circuit Court, they are able to be researched by anyone inquiring about the handling of the real estate formerly owned by Harold A. O'Connell.
I do not understand
- The phrase "According to our records, you are clearly the Trustee for the above referenced property based on the will transferring ownership in WB201-109 as the recorded document with the Land Records of FairfaxCounty Circuit Court to be the Last Will and Testament of Harold A O'Connell and the transfer of his Fairfax County real estate holdings to his listed heirs."
The Trustee described in
WB201 is the Trustee for the Testamentary Trust. The Trustee described in the Land Trust
documents is
for the Land Trust.
Is the last document recognized as transferring ownership of Accotink the 1975 Will of H. A. O'Connell at Will Book 201 pages 96-110, or is it the 1992 deed for Accotink at Book 8307 pages 1446-1452?
Kevin Greenlief
2004.08.10 7:10pm (Kevin Greenlief to Anthony O’Connell)
My staff has traded e-mails and correspondence with you on numerous occasions. We clearly seem to have some failure to communicate on this issue and for that I apologize. First let me explain our position on this, and then I'll explain what it is we are going to do to try to assist you to the extent possible.
First, the legal description of this vacant parcel of 15 acres is "Accotink Station." The Will Book reference is simply made as a convenience to help citizens (especially title examiners) determine the source of initial property transfer. Our listing does not affect your rights as trustee, nor does this impact the Land Records themselves. I do not understand your complaint that you "cannot properly perform your duties as Trustee until the confusions on the court records have been cleared away." There is no confusion in the court records. The chain of title as recorded in the Land Record Office speaks for itself and any title examiner or court would be able to follow the documents so recorded. The fact that we have listed the Will Book reference should have no impact on that whatsoever. Moreover, in our old computer system we had significant space constraints that limited the information we could list. Since the Will Book was the initial transfer (i.e., the start of the chain), that is the reference we listed. As my staff has repeatedly said however, the *Land Trust Agreement at DB 8307-1446 has also been listed on our records. It simply wasn't displayed in a box entitled "Legal Description."
We have now implemented a new computer system that offers us some additional space flexibility. As a result, my staff has now added the deed book references you desire to the existing references. The reference included in our legal description area will read "Accotink Station; WB201-109; DB8307-1446; DB8845-1444; DB8845-1449."
Again, this is highly unusual and not at all necessary inasmuch as any title examiner, Attorney or court would be able to follow the clear chain of title as recorded in the Land Records. The listing of these deed book references on our assessment record has no bearing on your role as trustee nor does it impact the chain of title ownership. It simply lists deed book references within the chain.
That said, since we have the space and since this appears to be a significant issue for you and does not otherwise impact the validity of our records, we have made this accommodation at your request. You will receive a second installment tax bill in November. This bill should reflect these changes. If you would like to check this on-line before then, you should be able to see these changes within the next two weeks via the following Internet link http:/ /icare.fairfaxcountv.gov/ Main/Home.aspx
I appreciate that estate management can be a very complicated matter. I wish you much success as you deal with this issue. I trust this concludes the matter at hand.
I do not understand
- The legal description should be the last document transferring ownership. What is recognized as the last document transferring ownership?
- Why an inquiry about the 1992 Deed for Accotink is deferred to a future title search. WB201-109 wasn't.
- The document at Book 8307 pages 1446-1452 is referred to as "LAND TRUST AGREEMENT". It is the DEED IN TRUST UNDER LAND TRUST AGREEMENT. The first sentence begins with "THIS DEED .." This document is a deed.
Is the last document recognized as transferring ownership of Accotink the 1975 Will of H. A. O'Connell at Will Book 201 pages 96-110, or is it the 1992 deed for Accotink at Book 8307 pages 1446-1452?
Anthony O'Connell to Lisa Overton
2007.06.13 7.00am (Anthony
O'Connell
to Lisa Overton and Steve Blizzard) (No copy to another)
"Would you please answer these questions?
(1) The attached copy of Ms. Overton's letter to my mother dated April 22, 1988, shows she handled the settlement for my 1988 sale. I was surprised to be told the day before settlement that I had to sign a deed that said I could not qualify as Trustee. The attached six documents show I qualified as Trustee in 1986. Where does it say in the Court records that I could not qualify as Trustee? I am concerned that something similar may happen again.
(2) Does Stewart Title find the following legal description in the real estate tax records for parcel 0904 01 0017 correct: "ACCOTINK STATION WB201 109 DB8307-1446 DB8845-1444 DB8845 -1449"? Please read the documents. Please give me a yes or a no.
(3) Why does Stewart Title allow someone not from Stewart Title to respond to questions for Stewart Title?
Anthony
O'Connell
, Trustee for parcel 0904 01 0017"
Lisa Overton to Anthony O'connell
2007.06.14 10:21am (Lisa Overton to Bill Lynch, Anthony O’Connell, Steve Blizzard, and Lisa Overton) omit second page?
"Yes, that is me from 1988 -can't believe how old you are making me feel, and I can honestly tell you that I do not remember that specific 1988 case.
Having said that however, when I look at the documents you attach, you did in fact sign the deed as a Trustee, the qualification simply required that a Co-trustee also sign since you were not a resident of Virginia. I do not recall which firm we were using in 1988 to prepare our deeds, we have used quite a few different firms in the past, but it looks as though in the derivation of title paragraph that you underline they simply tried to consolidate the statement of facts. Perhaps they should have been more clear and said that Mr. Higham was appointed WITH you as co-trustee and not in your place.
There is no requirement for a Trustee under a land trust to be a Virginia resident; therefore it is a non issue in this case.”
I do not understand
- Why the question "Where does it say in the Court records that I could not qualify as Trustee?" is not answered.
- Why "... whereas Anthony M. O'Connell, Trustee; could not qualify and Herbert A. Higham, Trustee, was appointed to act in his place and instead." in the 1988 deed would mean anything but "... whereas Anthony M. O'Connell, Trustee; could not qualify and Herbert A. Higham, Trustee, was appointed to act in his place and instead.
- Why "... whereas Anthony M. O'Connell, Trustee; could not qualify and Herbert A. Higham, Trustee, was appointed to act in his place and instead." would mean "Perhaps they should have been more clear and said that Mr. Higham was appointed WITH you as co-trustee and not in your place."
Reference: There are three Land Trust documents for Accotink recorded in the court records: (pdf)
- The "Deed in Trust under Land Trust Agreement" at Book 8307 pages 1446-1452.
- The "Power of Attorney" at Book 8845 pages 1444-1448.
- The "Land Trust Agreement" at Book 8845 pages 1449-1462.
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