Allen and Chelsea Hennessey Chelsea Lee Hennessey Allen Hennessey TACOMA fraudulent "short sale negotiators" stolen more than $13,800 from out of state homeowners in destress tacoma Washington

An Unfortunate Downside of the Business of Real Estate Investing

No matter how nice of a person you are, no matter how good your intentions may be to help someone else, No matter how transparent you are in advance with a seller, no matter how careful you are to make the terms simple, yet clear in your contracts to comport and abide by complex federal, state, and local real estate laws; if you are in the business of real estate long enough, you may encounter a situation such as this “Anonymous Victim” that can only be assumed to be one "Eirian A. Johnson".  A previous homeowner who quit paying her mortgage only to abandon her former residence to ruin, leaving utilities disconnected and in arrears $700.00+.  

Fast forward years later, after many communications back and forth with Eirian's Husband John W. Johnson II, John executed, signed, and delivered notarized documents to effectuate the transfer of ownership of the investment property to a new owner, allowing this new owner to invest time and money into the property, expecting a return on their investment. MS. Johnson, nearly one year later “anonymously” claims to be the victim of theft and fraud here on this website and with the Attorney General of Washington in her attempt to publicly slander and extort $$$ funds from the new owner.  Continue Reading to discover more behind these claims that have been deemed concluded and “closed” shortly after opening by the Attorney General of Washington as of October 1, 2014.

Bob Ferguson

ATTORNEY GENERAL OF WASHINGTON

Consumer Protection Division

800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-6686

October 1, 2014

Chelsea Lee Hennessey

1319 6th Ave

Tacoma, WA 98405

RE:   Eirian Johnson

File #:   454057

Dear Chelsea Lee Hennessey:

The Consumer Protection Division of the Attorney General’s Office received your written response to the consumer complaint filed by Eirian Johnson regarding your business. This concludes our informal complaint resolution process. This consumer complaint has been closed. We have provided a copy of your response to Eirian Johnson.

Our Office monitors consumer complaints for possible indications of patterns of unfair or deceptive trade practices warranting further attention by our office. We may open a formal investigation or take enforcement action pursuant to the Consumer Protection Act at any time if the facts and circumstances indicate that further action is warranted.

Please note that consumer complaints, including responses, are public records and are available to the public for copying or inspection in compliance with the Washington State Public Records Act, RCW 42.56.

Thank you for participating in this process.

JIM MCADAMS

Program Specialist 3

Consumer Protection Division

(360) 759-2154

Fax: (206) 587-5636

CRCComplaints@ATG.WA.GOV

Official Response of Chelsea Hennessey, Trustee 7039 SOUTH WARNER STREET TRUST:

EIRIAN ALISON JOHNSON published a public complaint with the Attorney General of Washington (File# 454057) dated 9/11/14, that briefly presents various confusing allegations, legal theories, conclusions, and claims that may comprise slander as defined by Federal and State law.  The publishing contains allegations that are false in nature, and were published without privilege or justification.  The allegations in this complaint are DENIED in their entirety.  This complaint is accompanied by a separate demand for money (see excerpt of email from MS. JOHNSON incorporated below dated 9/12/14), that as defined by Federal and State law may comprise extortion as it was submitted to the trustee near the same time as the complaint, seeking payment to “avoid further legal intervention.”. 

Specifically, MS. JOHNSON has alleged the trustee of performing duties without authorization, that were in fact specifically authorized by notarized agreement and contract with her husband, Mr. John W. Johnson II, dated November 20, 2013 on behalf of the community estate.  This agreement is memorialized by an irrevocable quit claim deed conveyance to the subject trust, recorded Pierce County Official Records #201312040188.

MS. JOHNSON has alleged that the trustee has performed these duties without proper authorization by suggesting her legal theory that the conveyance and agreement of her husband should be void ab initio (not theoretically voidable by a civil court of competent jurisdiction).  For guidance on this matter, the following excerpt from RCW 26.16.030 (as provided in full further below):

"Either spouse or either domestic partner, acting alone, may manage and control community property, with a like power of disposition as the acting spouse or domestic partner has over his or her separate property… PROVIDED, That where only one spouse or one domestic partner participates in such management the participating spouse or participating domestic partner may, in the ordinary course of such business, acquire, purchase, sell, convey or encumber the assets, including real estate, or the good will of the business without the consent of the nonparticipating spouse or nonparticipating domestic partner."

MS. JOHNSON, while reportedly living at addresses in both Texas and California, has been involved in a number of serious surgeries including a hip surgery that has unfortunately precluded her from “participating” in the ordinary course of business of the subject property (including communication between the trustee and Mr. John W. Johnson II, that began June 29, 2013).  The only communication from MS. Johnson included ONE conference call with the trustee and Mr. Johnson, and ONE email 4 months later in March 2014 where MS. JOHNSON stated: “If you can work something into the contract guaranteeing we won't be responsible for the mortgage if you doesn't negotiate[sic] … I'm 100% in and will get it notarized and back to you for your review… We'd really like to work with you and appreciate your efforts thus far. I understand this needs to be profitable for you also, but at this point if it's not going to work for you just let me know, because I can also write a quit claim deed to Johnny absolving any claim to the property and he'd be able to sign it over to you without revision. Let me know your thoughts! Thanks Chelsea,”. 

Finally, MS. JOHNSON abandoned the subject property at least several months prior to November 2013, leaving John W. Johnson II as the sole participating partner to disposition the estate property.  As Washington law is clearly stated here, it is easy for any reader to determine that the trustee has full specific Authorization effective as of November 20, 2013 to manage, lease, and collect monies relating to the property located at 7039 S. Warner.  Any claims to the contrary that MS. Johnson feels she may have are merely of a civil nature, and she has indicated to the trustee that she has already secured counsel to potentially litigate in civil court and represent her interests in upcoming litigation where the trustee will seek to sell the property by court order to resolve all claims in this matter in full for all parties. 

In conclusion, MS. JOHNSON fails in her complaint to state a claim upon which relief may be granted.

For your reference, below you will find RCW 26.16.030 in full, followed by copies of communications with MS. JOHNSON.

 Please feel free to contact me by email with any further questions you may have.

Sincerely,

/s/ Chelsea Hennessey

Trustee, 7039 South Warner Street Trust,

Attorney-in-fact for John W. Johnson II

1401 S. Sprague #193

Tacoma, WA 98405

ChelseaLee313@gmail.com

Property not acquired or owned, as prescribed in RCW 26.16.010 and 26.16.020, acquired after marriage or after registration of a state registered domestic partnership by either domestic partner or either husband or wife or both, is community property.  "Either spouse or either domestic partner, acting alone, may manage and control community property, with a like power of disposition as the acting spouse or domestic partner has over his or her separate property, except:"

"(6) Neither person shall acquire, purchase, sell, convey, or encumber the assets, including real estate, or the good will of a business where both spouses or both domestic partners participate in its management without the consent of the other: PROVIDED, That where only one spouse or one domestic partner participates in such management the participating spouse or participating domestic partner may, in the ordinary course of such business, acquire, purchase, sell, convey or encumber the assets, including real estate, or the good will of the business without the consent of the nonparticipating spouse or nonparticipating domestic partner."

This "Anonymous Victim" is revealed to be one "Eirian A. Johnson".  Homeowner who quit paying mortgage, moved out of state, and abandoned the subject property to ruin, leaving utilities disconnected and in arrears $700.00+.  Years later, Husband John W. Johnson II executed and signed notarized documents to sell and transfer ownership, allowing the new owner to invest time and money into the property. MS. Johnson, nearly one year later “anonymously” claims theft and fraud here on this website.  Continue Reading to discover the truth behind these claims dated 9/11/14, that have been deemed concluded and “closed” shortly after investigation by the Attorney General of Washington as of October 1, 2014.

Bob Ferguson

ATTORNEY GENERAL OF WASHINGTON

Consumer Protection Division

800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-6686

October 1, 2014

Chelsea Lee Hennessey

1319 6th Ave

Tacoma, WA 98405

RE:   Eirian Johnson

File #:   454057

Dear Chelsea Lee Hennessey:

The Consumer Protection Division of the Attorney General’s Office received your written response to the consumer complaint filed by Eirian Johnson regarding your business. This concludes our informal complaint resolution process. This consumer complaint has been closed. We have provided a copy of your response to Eirian Johnson.

Our Office monitors consumer complaints for possible indications of patterns of unfair or deceptive trade practices warranting further attention by our office. We may open a formal investigation or take enforcement action pursuant to the Consumer Protection Act at any time if the facts and circumstances indicate that further action is warranted.

Please note that consumer complaints, including responses, are public records and are available to the public for copying or inspection in compliance with the Washington State Public Records Act, RCW 42.56.

Thank you for participating in this process.

JIM MCADAMS

Program Specialist 3

Consumer Protection Division

(360) 759-2154

Fax: (206) 587-5636

CRCComplaints@ATG.WA.GOV

Official Response of Chelsea Hennessey, Trustee 7039 SOUTH WARNER STREET TRUST:

EIRIAN ALISON JOHNSON published a public complaint with the Attorney General of Washington (File# 454057) dated 9/11/14, that briefly presents various confusing allegations, legal theories, conclusions, and claims that may comprise slander as defined by Federal and State law.  The publishing contains allegations that are false in nature, and were published without privilege or justification.  The allegations in this complaint are DENIED in their entirety.  This complaint is accompanied by a separate demand for money (see excerpt of email from MS. JOHNSON incorporated below dated 9/12/14), that as defined by Federal and State law may comprise extortion as it was submitted to the trustee near the same time as the complaint, seeking payment to “avoid further legal intervention.”. 

Specifically, MS. JOHNSON has alleged the trustee of performing duties without authorization, that were in fact specifically authorized by notarized agreement and contract with her husband, Mr. John W. Johnson II, dated November 20, 2013 on behalf of the community estate.  This agreement is memorialized by an irrevocable quit claim deed conveyance to the subject trust, recorded Pierce County Official Records #201312040188.

MS. JOHNSON has alleged that the trustee has performed these duties without proper authorization by suggesting her legal theory that the conveyance and agreement of her husband should be void ab initio (not theoretically voidable by a civil court of competent jurisdiction).  For guidance on this matter, the following excerpt from RCW 26.16.030 (as provided in full further below):

"Either spouse or either domestic partner, acting alone, may manage and control community property, with a like power of disposition as the acting spouse or domestic partner has over his or her separate property… PROVIDED, That where only one spouse or one domestic partner participates in such management the participating spouse or participating domestic partner may, in the ordinary course of such business, acquire, purchase, sell, convey or encumber the assets, including real estate, or the good will of the business without the consent of the nonparticipating spouse or nonparticipating domestic partner."

MS. JOHNSON, while reportedly living at addresses in both Texas and California, has been involved in a number of serious surgeries including a hip surgery that has unfortunately precluded her from “participating” in the ordinary course of business of the subject property (including communication between the trustee and Mr. John W. Johnson II, that began June 29, 2013).  The only communication from MS. Johnson included ONE conference call with the trustee and Mr. Johnson, and ONE email 4 months later in March 2014 where MS. JOHNSON stated: “If you can work something into the contract guaranteeing we won't be responsible for the mortgage if you doesn't negotiate[sic] … I'm 100% in and will get it notarized and back to you for your review… We'd really like to work with you and appreciate your efforts thus far. I understand this needs to be profitable for you also, but at this point if it's not going to work for you just let me know, because I can also write a quit claim deed to Johnny absolving any claim to the property and he'd be able to sign it over to you without revision. Let me know your thoughts! Thanks Chelsea,”. 

Finally, MS. JOHNSON abandoned the subject property at least several months prior to November 2013, leaving John W. Johnson II as the sole participating partner to disposition the estate property.  As Washington law is clearly stated here, it is easy for any reader to determine that the trustee has full specific Authorization effective as of November 20, 2013 to manage, lease, and collect monies relating to the property located at 7039 S. Warner.  Any claims to the contrary that MS. Johnson feels she may have are merely of a civil nature, and she has indicated to the trustee that she has already secured counsel to potentially litigate in civil court and represent her interests in upcoming litigation where the trustee will seek to sell the property by court order to resolve all claims in this matter in full for all parties. 

In conclusion, MS. JOHNSON fails in her complaint to state a claim upon which relief may be granted.

For your reference, below you will find RCW 26.16.030 in full, followed by copies of communications with MS. JOHNSON.

 Please feel free to contact me by email with any further questions you may have.

Sincerely,

/s/ Chelsea Hennessey

Trustee, 7039 South Warner Street Trust,

Attorney-in-fact for John W. Johnson II

1401 S. Sprague #193

Tacoma, WA 98405

ChelseaLee313@gmail.com

Property not acquired or owned, as prescribed in RCW 26.16.010 and 26.16.020, acquired after marriage or after registration of a state registered domestic partnership by either domestic partner or either husband or wife or both, is community property.  "Either spouse or either domestic partner, acting alone, may manage and control community property, with a like power of disposition as the acting spouse or domestic partner has over his or her separate property, except:"

"(6) Neither person shall acquire, purchase, sell, convey, or encumber the assets, including real estate, or the good will of a business where both spouses or both domestic partners participate in its management without the consent of the other: PROVIDED, That where only one spouse or one domestic partner participates in such management the participating spouse or participating domestic partner may, in the ordinary course of such business, acquire, purchase, sell, convey or encumber the assets, including real estate, or the good will of the business without the consent of the nonparticipating spouse or nonparticipating domestic partner."