Carlson Orchards, Inc. v. Linsey

296 B.R.582 (2003)

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Nature of the Case

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Facts

D embezzled money from P by diverting checks payable to P and depositing those checks directly into bank accounts controlled by P. D also wrote extra paychecks to herself and deposited the extra paychecks into bank accounts she controlled. D and David Linsey kept separate bank accounts and did not commingle their funds. D eventually agreed to the cash stolen, and all the remains is to determine if a constructive trust could be levied on cars and real property. All of David Linsey's paychecks were deposited into his separate accounts. D used the funds she embezzled from Carlson to purchase a 1999 Plymouth Grand Caravan. D used the funds she embezzled from Carlson to purchase a 1995 Ford F150. Both vehicles are titled to David Linsey. David Linsey recorded a Declaration of Homestead on the Property on August 8, 1994. The fair market value of the Property on February 15, 2002, per a realtor's opinion of value was $219,900.00. The current balance owed on the mortgage on the Linsey home is $139,279.73.