Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #9

[Poedelini]

It's dated from May 21, so mostly "old" news and previously stated info. I don't remember reading this statement from BM's uncle though. BBM

Bob M, the uncle of Suzanne Morphew’s husband, told KXRM-TV that family is “terrified,” and he described the missing woman as “one of the sweetest people you would ever want to meet” and “the kind of person that everybody loved.”

He said he is certain his nephew is not involved in Suzanne Morphew’s disappearance.

“They’re a loving couple and I’ve never seen any kind of unhappiness with each other or produced by either one of them,” he noted. “He loves her and he wants her back… I think anybody that ever knew them at any point in their married life would tell you that they were as loving of a couple as you would find anywhere.”

Thank you for letting me know! Im really curious to see what the other side of the family thinks.

 

[zecats]

Thank you for letting me know! Im really curious to see what the other side of the family thinks.

I agree. Any morsel of sentiment from SM's family seems to be lacking.

Nice to hear another member of (beside's his nephew) BM's family speak positively about her. And I would assume his side of the family would stand firm on his innocence, unless and until proven otherwise. At least publicly. JMO

 

[GoBuckeyes]

Guys... The previous owners (before 2018) are public record. The house was sold to the Morphews in 2018. They bought it under their real names, as joint tenants, personally. No trust, no LLC, just BM&SM. The ONLY THING that proves ownership is the deed.

Real property is unique because things attach to it- permits, property tax, easements, covenants. They “travel with the land.” Transfer to the new owners. Databases will cite the parcel number or address and not create new records at every sale. The important thing is that records stay with the land so new owners fully understand (and can prove!) what rights and permits and easements their land has.

This lists the sales and owners:

Beacon - Chaffee County, CO - Report: R368531400097

In 2008 vacant land was sold from Owners 1 to Owners 2.

In 2015 a built home was sold from Owners 2 to Owner 3, a revocable trust.

In 2018, the home was quit claimed from Owner 3 trust to Owner 3 LLC. This was likely done because of trust restrictions. It was on the same day then sold to BM and SM.

Could you give me an example or two of a trust restriction that would compel the Quit Claim? TIA and thanks for the succession of ownership information.

 

[oviedo]

The property tax site always shows the current owner regardless of the tax year you look up. If you look up other properties in Chaffee County that have sold in the last year and look up their tax history for previous years it will always show the current owner, not the prior owner. The site only shows tax dollar and allocation history, not owner history, I believe.

That is a poor database If true IMO - the people who paid the taxes shouldn’t be overwritten by current owner information - jeez
Thanks for that info
JMO

 

[Shiloh28]

*DBM based on Alethea's post.

EBM to correct my spelling.

 

[Shiloh28]

Could you give me an example or two of a trust restriction that would compel the Quit Claim? TIA and thanks for the succession of ownership information.

The trust assets were probably distributed or conveyed to an LLC related to the trust sometime between 2015 and 2018, but the owners forgot to record documents in the real property records reflecting that the property was now owned by the LLC. Consequently, when they went to sell to the Morphews, they had to record a deed from the trust to the LLC before they could record the deed from the LLC to the Morphews.

 

[Alethea]

Could you give me an example or two of a trust restriction that would compel the Quit Claim? TIA and thanks for the succession of ownership information.

Quit claim deed releases ownership interest. In this case the LLC was likely one of the beneficiaries of the trust so when the property was sold the proceeds would go to the LLC and not the trust. Trusts are private and you can structure them however you want under the trusts and estates law of your state. The grantor may have set restrictions on what type of assets can be in the trust or they just may have agreed to this distribution. There are also special purpose trusts like Medicaid avoidance trusts to keep assets out of the calculation for nursing home or long term care. They are strict on when and how assets can be transferred so you don’t violate the look-back period that triggers when the older person starts needing care.

 

[Alethea]

The trust assets were probably distributed or conveyed to an LLC related to the trust sometime between 2015 and 2018, but the owners forgot to record documents in the real property records reflecting that the property was now owned by the LLC. Consequently, when they went to sell to the Morphews, they had to record a deed from the trust to the LLC before they could record the deed from the LLC to the Morphews.

Your answer is more likely than mine!

 

[Shiloh28]

Your answer is more likely than mine!

I've worked in real estate for a long time and have had to make this kind of "corrective conveyance" more than once. Sometimes the lawyer handling a trust matter involving property forgets to consult with a real estate lawyer.

EBM to add that, at the end of the day, the property ownership doesn't look fishy: (1) the chain of title is fine, (2) Chaffee County apparently has a terrible habit of showing the current taxpayer as the taxpayer for all years and (3) the 2008 building permit with the Morphew's name is probably the result of a Chaffee County error or redaction.

 

[riolove77]

Does anyone know if homes are ever bugged when they are released to families? Is that legal? Just curious.

If a warrant was obtained for it, yes.

 

[Observer33]

The property tax site always shows the current owner regardless of the tax year you look up. If you look up other properties in Chaffee County that have sold in the last year and look up their tax history for previous years it will always show the current owner, not the prior owner. The site only shows tax dollar and allocation history, not owner history, I believe.

When you purchase a property they do title searches and check for liens, and encumbrances, etc. Tax liens would be one thing they check for. The title company issues insurance that all records are correct and no liens exist. You then become responsible for all liens and encumbrances at the time you take ownership. If later a valid claim is made on an undiscovered lien or encumbrance, your title insurance will be required to clear it at their expense minus deductibles (if any). This is why tax records would appear to have been paid forever by the Morphews because in fact when they closed on the house, all past taxes became their responsibility.

 

[Observer33]

That is a poor database If true IMO - the people who paid the taxes shouldn’t be overwritten by current owner information - jeez
Thanks for that info
JMO

but when you buy a house you buy all the encumbrances including unpaid back taxes. That's why mortgage companies require title search and insurance.

 

[riolove77]

Quit claim deed releases ownership interest. In this case the LLC was likely one of the beneficiaries of the trust so when the property was sold the proceeds would go to the LLC and not the trust. Trusts are private and you can structure them however you want under the trusts and estates law of your state. The grantor may have set restrictions on what type of assets can be in the trust or they just may have agreed to this distribution. There are also special purpose trusts like Medicaid avoidance trusts to keep assets out of the calculation for nursing home or long term care. They are strict on when and how assets can be transferred so you don’t violate the look-back period that triggers when the older person starts needing care.

Youre giving me property law PTSD

 

[Rosiebones]

Missing woman's hometown shows support
Not much new here but it is good to know that people who know her and care about her are still active.

 

[Dave F.]

Same rapid response, same team........much better outcome. IMO

Four Elk Property Owners Association
Missing teenager located in Chaffee County - Chaffee County Sheriff

 

[Alexsea]

When you purchase a property they do title searches and check for liens, and encumbrances, etc. Tax liens would be one thing they check for. The title company issues insurance that all records are correct and no liens exist. You then become responsible for all liens and encumbrances at the time you take ownership. If later a valid claim is made on an undiscovered lien or encumbrance, your title insurance will be required to clear it at their expense minus deductibles (if any). This is why tax records would appear to have been paid forever by the Morphews because in fact when they closed on the house, all past taxes became their responsibility.

That's why I checked some other sold properties - it actually didn't surprise me that all the back taxes show up under the current owner. The database probably does reflect who paid the taxes, but it's not part of the searchable public record (speculation). Thank you for explaining this so well!

 

[Knox]

Oh no, don't be confused.
Let's say BM sells the house to the Joneses next year. The Joneses then will own the same house with the same permit #. Yet they didn't build the house themselves.

TAX INFORMATION MODULE
when in doubt - follow the property taxes and they paid them under their name every year. What does it mean? Imo they owned that property in anticipation of retiring there - Together -they had a 10 year plan.
JMO

Oviedo, when you search at the website you linked above, even if you click on tax history, the current owner remains in the header section.

It does not mean the Morphews owned the property or paid the taxes for the relevant period. The tax history is only showing what the tax amount was for the period selected and whether or not it is paid or unpaid. Previous owners will not appear. Try entering a common name and click on any one of the entries that appears, you'll see what I mean.

Pocketaccent is saying the same thing regarding the building permit website.

The assessor's office is what you want to use to track property ownership records.

 

[Tate123]

Same rapid response, same team........much better outcome. IMO

Four Elk Property Owners Association
Missing teenager located in Chaffee County - Chaffee County Sheriff

Except that search included Chaffee Fire.

 

[oviedo]

Oviedo, when you search at the website you linked above, even if you click on tax history, the current owner remains in the header section.

It does not mean the Morphews owned the property or paid the taxes for the relevant period. The tax history is only showing what the tax amount was for the period selected and whether or not it is paid or unpaid. Previous owners will not appear. Try entering a common name and click on any one of the entries that appears, you'll see what I mean.

Pocketaccent is saying the same thing regarding the building permit website.

The assessor's office is what you want to use to track property ownership records.

Thanks

 

[Lilypad13]

It’s legal with a warrant, but I don’t get the impression it’s a common practice these days.

I can’t remember the last case (at least in recent memory), where evidence like that was introduced.

I think if there is a warrant to listen to anything, it would be a phone.

I can’t imagine how BM can go back and live in that big empty house by himself either way - if innocent then it would be extremely depressing & sad, full of memories with her belongings and presence everywhere & if he is allegedly guilty then paranoia over being watched/listened to/haunted...if my spouse murdered me I would haunt the crap out of him for the rest of his life!! He might wake to find that big buck head with antlers in his bed and that antler chandelier might drop on his head! (I apologize if making this little joke at the end is an inappropriate sense of humor or offensive to anyone.)