Ansley v. Raczka-Long

A disputed issue of material fact existed concerning whether the plaintiff's deceased husband intended to deed property back to the defendant after he failed to obtain financing and thus created an implied constructive trust.

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This quiet title action involves a dispute over the ownership of two lots in Americus, Georgia, between Annemarie Raczka-Long, the holder of record title, and Rose H. Ansley, the holder of two promissory notes who claims title based on an implied trust. Raczka-Long filed a motion for summary judgment based on her legal title to the property. Granting the motion, the trial court concluded that Ansley failed to show that the promissory notes she held were intended to create a resulting trust or to secure any interest in the property. Because there is a disputed issue of material fact concerning whether a constructive trust was created, we reverse the trial court’s grant of summary judgment.

In September 2010, Ansley conveyed fee simple title to the two lots known as 149 and 151 Pearl Drive by warranty deed to Andrew Charles Long, who was separated at the time from Raczka-Long. In exchange, Ansley received two promissory notes. The note concerning 149 Pearl Drive stated that Long owed Ansley $15,000 for the lot and provided for 60 monthly payments of $250 beginning on November 1, 2010. The note concerning 151 Pearl Drive, on which a house largely financed by Ansley was being constructed, stated that Steve Harrell owed Ansley $250,000. Long recorded the warranty deeds in Sumter County, but did not execute any security deed pledging the property as collateral or pay Ansley any money for the properties. On December 31, 2010, Long signed a contract with a real estate agent to list 149 Pearl Drive for sale. He died eight days later. Soon after his death, his girlfriend Tami Warren signed his name to quitclaim deeds conveying 149 and 151 Pearl Drive back to Ansley. Ansley recorded both quitclaim deeds on March 1, 2011.

Ansley v. Raczka-Long

A disputed issue of material fact existed concerning whether the plaintiff's deceased husband intended to deed property back to the defendant after he failed to obtain financing and thus created an implied constructive trust.

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