A Tennessee appeals court has revived the fraud claim of a woman who discovered, after returning to the United States from abroad in 2021, that the house she had inherited from her late brother had been sold without her knowledge using a fake identity and forged documents.
uncertain
she → revive → identity
A woman using a fake identity had claimed to be the rightful heir.
asserted
woman → use → identity
In its Thursday ruling, the court allowed Barbara Chesnut to pursue her fraud claim against the company involved in the sale but upheld the dismissal of her negligence claim.
uncertain
Chesnut → allow → claim
According to
court records, Chesnut had acquired the house in Cottontown, Tennessee, in 2012 after her brother, James Upchurch, died without leaving a will.
uncertain
brother → accord → will
His estate was divided among several heirs, and Chesnut arranged to buy the property using her inheritance along with additional funds.
asserted
Chesnut → divide → funds
She lived in the house before moving to the United Arab Emirates around the time the estate proceedings were being completed.
asserted
proceedings → live → time
While she moved overseas, Chesnut continued to use the Tennessee property as her permanent address and stayed there whenever she visited the United States.
asserted
she → move → States
Between 2013 and 2014, she also allowed two people to live in the house.
asserted
people → allow → house
Both occupants left sometime between 2016 and 2017, after which Chesnut returned and stayed for several months.
asserted
Chesnut → leave → months
She eventually went back to the UAE.
asserted
She → go → UAE
When the Covid-19 pandemic disrupted international travel, she was unable to return to the United States for a considerable period.
asserted
she → disrupt → period
By the time she visited again in 2021, the house was occupied by people she did not recognise.
asserted
she → visit → people
Fake documents used to sell the house
The sale had taken place in January 2020, when Chesnut was still overseas.
asserted
Chesnut → use → January
Someone had presented herself as "Dorothy Chestnut" and claimed that she was the only child of Chesnut's deceased brother.
asserted
she → present → brother
Using that identity, the person agreed to sell the house to Ultra Home Solutions, LLC.
asserted
person → use → LLC
The transaction was handled by Rudy Title and Escrow, LLC, which had been named as the buyer's closing attorney.
asserted
which → handle → attorney
The supposed seller provided documents intended to establish her right to the property.
asserted
seller → suppose → property
Among them were two affidavits stating that Upchurch had died unmarried and without a will, leaving Dorothy Chestnut as his only legal heir.
asserted
Upchurch → state → heir
An Arizona driving licence carrying the same name was also submitted.
asserted
licence → carry → name
The paperwork further authorised John Gleaves, an employee of Rudy Title, to sign the documents required to complete the sale on behalf of the person claiming ownership.
asserted
paperwork → authorise → ownership
The house was transferred to Ultra Home Solutions in January 2020.
asserted
house → transfer → January
The transfer was recorded with Sumner County authorities.
asserted
transfer → record → authorities
Over the following months, the property was sold twice more.
asserted
property → sell → months
After returning to the US and learning about the transactions, Chesnut contacted the police.
asserted
Chesnut → return → police
The investigation eventually led to Podczervinski, who had previously lived in the house with Chesnut's permission, pleading guilty to the property theft.
asserted
who → lead → theft
During the subsequent civil proceedings, both sides accepted that Dorothy Chestnut was not a genuine person involved in the inheritance.
asserted
Chestnut → accept → inheritance
Chesnut sued company handling the sale
Chesnut approached the Sumner County Circuit Court in August 2022, seeking to have her ownership legally recognised.
asserted
ownership → sue → August
She named the title company, the original buyer, Gleaves and later purchasers in her case.
asserted
She → name → case
She argued that the fraudulent transaction could have been detected if the title company had examined the records of her brother's estate before proceeding with the sale.
uncertain
company → argue → sale
Those records, she maintained, would have identified the people legally entitled to inherit Upchurch's property.
asserted
she → maintain → property
She accused Rudy Title of negligence in preparing the transaction and also alleged fraudulent conduct.
asserted
She → accuse → conduct
Her lawsuit sought damages of at least $1 million.
asserted
lawsuit → seek → million
The proceedings against the other parties were later dismissed or withdrawn, leaving Rudy Title as the remaining defendant.
asserted
proceedings → dismiss → defendant
The company denied that it owed Chesnut a legal duty of care.
asserted
it → deny → care
Its position was that she had no contractual relationship with the firm, which had been involved in completing the transaction for the buyer.
asserted
which → have → buyer
In March 2025, the circuit court ruled in favour of Rudy Title.
asserted
court → rule → Title
It concluded that Chesnut had not shown that she relied on information or actions provided by the company in managing her own affairs.
asserted
she → conclude → affairs
The court dismissed her entire case.
asserted
court → dismiss → case
What Appeals court said
Chesnut challenged the dismissal, arguing that the company should not have escaped legal scrutiny over its role in the transaction.
asserted
company → say → transaction
The Tennessee Court of Appeals examined her arguments but found problems with the way her negligence case had been presented.
asserted
case → examine → way
…and 8 more, not listed.
The Aporia
