Dale R. Cates v. Secretary of Veterans Affairs
Published: Apr. 19, 2024 | Result Date: Aug. 14, 2023 | Filing Date: Mar. 24, 2023 |Case number: 2:23-cv-00563-TLN-KJN Settlement – Plaintiff
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Brian DeAmicis
(Brian DeAmicis, Attorney at Law)
Defendant
Phillip A. Talbert
(Office of the U.S. Attorney)
W. Dean Carter
(Office of the U.S. Attorney)
Facts
In August 1999, Dale Cates bought 1907 Forest Lane from the Veterans Administration for $144,200, signing a promissory note for $129,730 and paying the balance with his personal funds. In 2000, the VA assigned its interest in the promissory note and deed to the Bankers Trust Company. Cates continued paying the amount due and a Substitution of Trustee and Full Reconveyance was recorded in April 2021. In 2022, Cates found out that the VA had never executed or recorded the deed giving him legal title, which meant that, on record, the VA still owned the property. Cates contacted the VA, but was sent an affidavit from its realty officer, confirming that the VA "sole [sic] the property ... to Dale R. Cates." When Cates, through his attorney, contacted the VA's office of General Counsel asking it to execute a grant or quitclaim deed, the VA office refused. Cates then filed a complaint against the Secretary of Veterans Affair in USDC Eastern to quiet title.
Result
The parties stipulated to only plaintiff holding title to property with defendant having no right, title, estate, lien, or interest in the property.
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