The unauthorized transfer took place in January 2020 while Chesnut was stranded abroad in the United Arab Emirates due to pandemic-related travel disruptions. Perpetrator Vickie Podczervinski used an Arizona driver's license under the name Dorothy Chestnut to execute the deed, leading to multiple subsequent sales before pleading guilty to property theft. Chesnut filed a $1 million lawsuit alleging that Rudy Title and Escrow should have verified estate records prior to closing. While the appeals court affirmed that the company owed no duty of care for negligence, it ruled the fraud allegations could move forward.
Key points
The Tennessee appeals court partially reversed a lower court ruling by allowing Chesnut t…: The Tennessee appeals court partially reversed a lower court ruling by allowing Chesnut to pursue her fraud claim against Rudy Title.
The appellate judges affirmed the dismissal of the negligence claim because Rudy Title ha…: The appellate judges affirmed the dismissal of the negligence claim because Rudy Title had no contractual relationship with Chesnut.
Podczervinski pleaded guilty to property theft after law enforcement investigated the fra…: Podczervinski pleaded guilty to property theft after law enforcement investigated the fraudulent real estate transaction.
Sources checked by our analysis pipeline: 1
A Tennessee appeals court has revived the fraud claim of a woman who discovered, after returning to the United States from abroad in 2021, that the house she had inherited from her late brother had been sold without her knowledge using a fake identity and forged documents. A woman using a fake identity had claimed to be the rightful heir. In its Thursday ruling, the court allowed Barbara Chesnut to pursue her fraud claim against the company involved in the sale but upheld the dismissal of her negligence claim.
According to
court records, Chesnut had acquired the house in Cottontown, Tennessee, in 2012 after her brother, James Upchurch, died without leaving a will. His estate was divided among several heirs, and Chesnut arranged to buy the property using her inheritance along with additional funds. She lived in the house before moving to the United Arab Emirates around the time the estate proceedings were being completed.
While she moved overseas, Chesnut continued to use the Tennessee property as her permanent address and stayed there whenever she visited the United States. Between…
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