Judge: Recorder of deeds not in contempt
For the second time in as many years, Recorder of Deeds Debbie Bardella found herself in a Washington County courtroom defending herself for requiring property owners to be identified by name.
Senior Judge John C. Reed in court Monday afternoon deemed testimony in the dispute was unnecessary. He examined the language of a 2013 decision former president judge Debbie O’Dell Seneca wrote when the same issue was litigated by brothers Jan and George Ondra, Billy Joe Sanders and LotsofRealty.com LLC, who took Bardella to court in 2012 when she wouldn’t record a deed for an entity known as EH Trust, which purchased property at 445 E. Hallam Ave., Washington, at a sheriff’s sale.
Bardella is unique in Pennsylvania because she has a dual role as both recorder of deeds, an elected office, and director of the Tax Claim Bureau, a position to which the county commissioners appointed her and which she serves without additional compensation. She was named in the contempt petition as recorder of deeds.
“If you want to identify her as director of the tax claim bureau, that’s a separate case,” Reed told Herbert Terrell, the attorney for the Ondras and Sanders while hearing argument on legal issues.
“I don’t see any basis here,” Reed told the litigants. “I’m going to dismiss the petition.”
He told Terrell he could ask a higher court to reconsider the matter.
“I don’t believe we’ll appeal from the contempt finding,” Terrell said after the proceeding. “No, I don’t.”
Sanders, asked if he would like to comment on the judge’s decision, shook his head. Bardella also declined to speak with a reporter, referring questions to Blane Black, solicitor for the recorder’s office and the Washington County Tax Claim Bureau.
Black said, “A trust can’t hold title to real estate. That’s something you learn in first-year law school.”
O’Dell Seneca ordered Bardella to record the EH Trust deed and all sheriff’s deeds issued to those who brought suit. As the case played out in court in 2013, the names of many trusts, such as 107-109 Gibson Trust, 356 Jefferson Trust and 356 Jefferson Avenue Trust, all affiliated with LotsofRealty.com, came up in court testimony.
“I think that’s an improper form for a deed,” Black continued. “That’s a cloudy title. I wouldn’t deal with someone if I didn’t know the trustee. They want to tell us how to do our deeds. Only a trustee can hold title. They just make up names. A trust has to be created by a written document. That’s in the law.”
Black said articles of incorporation or an employer identification number, registered with the federal Internal Revenue Service, are documents that are legally acceptable.
O’Dell Seneca’s order didn’t address “Bardella preparing the deeds, just accepting the deeds,” Black said. “She must accept improperly prepared deeds from the sheriff, according to the order.”
Bardella testified in court two years ago she must have someone with a proper address to hold accountable if property taxes aren’t paid.