Clever Willy Files Another Summonsless Suit

[UPDATE, October 20, 2022: This blog was posted on September 29, 2022. On October 12, 2022, Attorney William Zac White issued three summonses in the case. Gold star for Willy. (I was down with COVID until a few days ago and am trying to catch up with my own cases.) Now we can wait with bated breath to see if the attorney serves the summonses before the final hearing on the case.]

You should catch up by reading how Arkansas Attorney William Zac White and Judge Susan Kaye Weaver transfer properties from trusts to his clients, each time failing to serve a summons on the defendants.

The out-of-control attorney filed another suit today. Named a trust. Check. Issued no summons. Check.

This case is against great-grandparents Harold and Patsy Land of Lawrence County Arkansas.

If any reader knows the Lands, give them a heads up.

The suit is based on a real estate sale “contract” that Mr. White claims was oral.

I am not an attorney, but I was a real estate broker for three decades. I heard about this thing called the statute of frauds. I bet most attorneys have heard of it too.

Here is a statute cut and pasted from a Justia, that looks to my non-attorney self to be the statute of frauds.

Instruments
Chapter 59 – Fraud
Subchapter 1 – Statute of Frauds
§ 4-59-101 – Contracts, agreements, or promises required to be in writing.

4-59-101. Contracts, agreements, or promises required to be in writing.

(a) Unless the agreement, promise, or contract, or some memorandum or note thereof, upon which an action is brought is made in writing and signed by the party to be charged therewith, or signed by some other person properly authorized by the person sought to be charged, no action shall be brought to charge any:

(4) Person upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them;

Slick Willy forgot to issue a summons, but he remembered to file a lis pendens. He wrote in the complaint that the Lands have a sale pending. That lis pendens may block the sale. If Mr. White doesn’t serve summons on the elderly couple or the trust they set up, they will have a rude surprise in escrow. Mr. White will have leverage to extort some sort of settlement. Knowing Mr. White’s record, a judge may give default judgment to his client without a summons being issued.

Is this another way for Mr. White to grab property from the elderly for his clients and his “fee”?

I’d have to guess YES!