Walbridge v. The Estate of Raymond A. Beaudoin, Jr.Annotate this Case
Petitioner Tracy Walbridge appealed a superior court order that denied her petition to establish her homestead right exempt from the mortgage held by Respondents the Estate of Raymond Beaudoin, Jr. and its co-administrators Steven Beaudoin and Raymond Beaudoin, III. Petitioner owned property in Rochester that she purchased with her then-husband. At that time, it was undeveloped land. Petitioner executed a mortgage on the property and released her homestead rights to that property. Allegedly unbeknownst to Petitioner, her husband executed a mortgage deed and promissory note on the property in favor of the decedent Raymond Beaudoin once a home was built there. The mortgage on the property did not list it as part of the homestead of the mortgagor. Petitioner and her husband divorced, and pursuant to the divorce decree, she was awarded all right, title and interest in the property. The property was foreclosed upon. Petitioner filed a petition to establish that her homestead right to the property was exempt from Respondents' mortgage. On appeal, Petitioner argued that the trial court erred as a matter of law when it found that her homestead right in the property was not established until she actually, physically occupied it. She contended that her "obvious intention of present and immediate occupancy of the home . . . followed by [her] actual occupancy within a reasonable time, was equivalent to actual occupancy." The Supreme Court disagreed and affirmed the trial court.