HOA Put 96 Homes on My Land — I Let Them Finish Construction, Then Pulled the Deed Out in Court

HOA Put 96 Homes on My Land — I Let Them Finish Construction, Then Pulled the Deed Out in Court

Chapter 8

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She checked her watch.

"Cassandra's attorney filed a motion to dismiss yesterday at 4:57 p.m. Classic delay tactic. Judge Ramirez hates that."

We walked into the courtroom.

Cassandra sat at the defendant's table with Brian Keer and Preston Whitmore, her husband, who I'd only seen in property records.

Preston was about 60, gray hair gelled back, wearing a suit that screamed, "I've settled three fraud lawsuits."

He was whispering to Keer. Both of them looked relaxed, confident.

Cassandra saw me and smiled.

Actually smiled, like she'd already won.

Judge Angela Ramirez entered. A woman in her 50s with reading glasses and zero patience in her expression.

We all stood.

"Be seated. Case number 2023-CV-0000847, Flint versus Whitmore Development LLC and Associated Parties."

She looked at Keer.

"Counselor, I received your motion to dismiss at 5:00 p.m. yesterday. You want to explain why you think that's appropriate?"

Keer stood.

"Your Honor, the plaintiff's claim is defective on its face. Whitmore Development holds clear title via adverse possession. Mr. Flint abandoned the property for over three years."

"Did he pay property taxes?" Judge Ramirez interrupted.

"Well, yes, but..."

"Then adverse possession fails under Colorado statute 38-41-101. What else do you have?"

I watched Keer's confidence crack like cheap concrete.

"Your Honor, the title company conducted a thorough search."

"Ms. Chen."

The judge turned to Lydia.

Lydia stood, and I swear the temperature in the room dropped five degrees.

"Your Honor, we're not here to debate adverse possession. That claim is frivolous. We're here because the defendants knowingly committed fraud."

She opened her briefcase.

"I'd like to submit Exhibit A, an internal email from Preston Whitmore to Cassandra Whitmore dated February 18th, 2022."

She handed copies to the judge and Keer.

I craned my neck to see.

Keer's face went white.

Judge Ramirez read it, and her eyebrows went up.

"Counselor Keer, did you know about this email?"

"Your Honor, I've never seen that document."

"It was submitted in discovery last week," Lydia said smoothly. "Perhaps it got lost in your office."

"What does it say?" I whispered.

Lydia slid me a copy.

I read it, and my heart started pounding.

From: Preston Whitmore, Ridgeline Capital.

To: C. Whitmore, Whitmore Development.

Subject: Old Mill Road Property Risk Assessment.

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HOA Put 96 Homes on My Land — I Let Them Finish Construction, Then Pulled the Deed Out in Court

18 Part