‘That’s the scary part,’ says official who watched man robbed of $200k & home – law means she can do nothing to help

AN 89-year-old man lost his home of five decades when it was taken along with $200,000 – but it was completely legal.

Archie Foster’s property was lost thanks to real estate fraud and a law that prevents refusal as long as paperwork is filled out correctly.

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Truck driver Archie Foster was in a nursing home in Memphis when his brother suspected that someone was taking advantage of the 89-year-old.

Foster’s Parkway Village home was allegedly taken out of his name by one of his caretakers via a quit claim deed, a quick way to transfer property, typically between family members.

“Anyone can walk into this office and file a claim against your property, and you may not even know. That’s the scary part for me,” said Shelby County Register of Deeds Willie Brooks.

Foster’s brother contacted attorney Gary Jewel, who now represents Foster.

Soon after Jewel was hired on the case, a lawsuit was filed against Foster’s caretaker and two others.

Foster’s caretaker, who began working for him in 2022, took over $200,000 from the man, court documents reveal.

“She had been paying herself a hefty sum, $1,800 to 2,000 a week,” said Jewel, per local CBS affiliate WREG. “At Christmas, she gave herself a lot of big checks. Her name got put on the bank account.”

QUIT CLAIM DEEDS

In addition to stealing hundreds of thousands from Foster, the woman convinced him to give her power of attorney, proceeding to file a quit claim deed in October 2023 at the Shelby County Register’s Office and take his home.

The paperwork the woman filled out was approved by a Tennessee notary, effectively transferring Foster’s home to his caretaker.

“She shouldn’t have prepared the deed. The notary public, under Tennessee law, are not authorized to prepare the deed,” said Jewel, also noting that Foster likely would not have been mentally sound enough to sign it.

However, Tennessee law dictates that a registrar’s office can’t reject a quit claim deed as long as it is properly filled out.

“We are required by state law, that if everything is completed on the form, then we are to record that information in our office,” said Brooks.

For a quit claim deed to be valid, the form must be downloaded, filled out with specific information, signed by both parties and notarized.

“The notary should be the safeguard. It should validate the information on the quit claim form that everything is accurate and complete,” explained Brooks.

Typically used to transfer property among family members, the process is intended to be simple but is difficult to reverse.

A registrar’s office cannot reverse the claim, leaving it to a property owner to fight in court which can cost a lot of money.

FOSTER’S HOME

After a legal battle, Foster was able to have his property returned.

A probate judge declared the quit claim deed invalid and appointed Foster’s brother as conservator.

He had a safe with guns and valuable coins. Gone”

Gary JewelAttorney

“I want people to be aware of their elders. Watch out for them,” said Jewel.

Jewel turned over his evidence to Memphis police, although no criminal charges have been filed.

“When the house was finally turned over to us, we went into the house. There’s nothing. There is an old sofa and bed. He had a safe with guns and valuable coins. Gone,” said the attorney.

Foster is currently receiving care at a nursing care facility and his home will be sold to pay for it.

“He cried. He sat there and cried. He has nothing left,” said Jewel.

The attorney advised homeowners to sign up for Shelby County’s fraud alert program, which quickly informs a homeowner when a document is submitted under their name or business.

“The program is free. The fraud alert is free. What we are doing is being preventative,” he said.