Ansley v. Raczka-Long

• Decision Date: 03 June 2013
• Docket Number: No. S13A0488.,S13A0488.
• Citation: 293 Ga. 138,744 S.E.2d 55
• Parties: ANSLEY v. RACZKA–LONG.
• Court: Georgia Supreme Court

293 Ga. 138
744 S.E.2d 55

ANSLEY
v.
RACZKA–LONG.

No. S13A0488.

Supreme Court of Georgia.

June 3, 2013.

[744 S.E.2d 56]

W. Edward Meeks, Jr., Leesburg, for appellant.

Alexander Hastings Hart, Hall, Williamson & Hart, P.C., Albany, for appellee.

HUNSTEIN, Chief Justice.

[293 Ga. 138]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

[744 S.E.2d 57]

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 [293 Ga. 139]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.

On March 11, 2011, Raczka–Long filed a petition for year's support in the Lee County Probate Court seeking an award of the properties at 149 and 151 Pearl Drive. Ansley was not included in the notice of interested persons, and she did not appear to contest the petition. On April 14, 2011, the probate court awarded Raczka–Long title to both lots as year's support.

On March 17, 2012, the administrator of Long's estate filed a Petition for Quia Timet to Cancel a Fraudulent Deed against Ansley in Sumter County Superior Court. See OCGA § 23–3–40. The complaint alleged the quitclaim deeds that Ansley had recorded were forged and sought to cancel them as a cloud on Raczka–Long's title. In response, Ansley denied any knowledge that the quitclaim deeds were forged and filed a counterclaim alleging unjust enrichment based on Long's failure to pay her any money for the lots. Raczka–Long was substituted as the petitioner and moved for summary judgment, asserting the quitclaim deeds were forged, record title was vested in her husband at the time of his death, and the probate court had awarded her title to the properties as year's support. Opposing the motion, Ansley asserted that there were disputed issues of material fact concerning whether a resulting or constructive trust existed based on Long's agreement to pay for the properties or deed them back to Ansley if he was unable to obtain financing. The trial court found that Ansley relied on the promissory notes for the passing of title to the property and “has failed to show that these Promissory Notes were intended to create a resulting trust or secure any interest upon the property or that this alleged trust should take precedence over the award of the year's support.” Ansley appeals.

1. An award of year's support does not adjudicate title to property. Stephens v. Carter, 215 Ga. 355(3), 110 S.E.2d 762 (1959). The effect of a year's support award is to vest in the widow whatever legal or [293 Ga. 140]equitable interest that her husband had in the property at the time of his death. Id. at...