Tuesday, June 2, 2009

Lawyers say Sheri Coleman Would Not Have Removed Her Name From Deed

SLPD--- Lawyers for Sheri Coleman's family allege in legal papers filed Tuesday in Monroe County court that she did not voluntarily remove her name from the deed of the house where she was found strangled with her two sons.

An emergency petition for injunctive relief asks that her husband, Christopher Coleman, 32, be barred from selling or otherwise disposing of the house at 2854 Robert Drive in Columbia. Chris Coleman has been charged with first-degree murder in the May 5 deaths of Sheri, 31, and their two sons, Garett, 11, and Gavin, 9.

The injunction was signed Tuesday by St. Clair County Circuit Judge Michael O'Malley and is in effect for 10 days. A hearing is set for June 5 on a extended protective order.

Six months ago, Sheri Coleman signed a quit-claim deed on her house, surrendering her ownership share to her husband.

"Is there a rational basis for her to take her name off a house held in joint tenancy with right of survivorship?" asked Belleville attorney Jack Carey, who filed a wrongful death suit on behalf of the family. "I can't think of a rational basis why she would voluntarily give up her claim to the marital home."

Monroe County property records show the Colemans' original mortgage filed March 2, 2005, for $202,269 had Sheri Coleman's name listed on the deed and the mortgage.

But Oct. 6, Sheri Coleman signed a quit-claim deed turning over complete ownership to Chris Coleman for $10. Records filed with the county show that on the same day, she signed a new mortgage for the same home for $230,850.

Enrico Mirabelli, Carey's co-counsel and Sheri's cousin, said the new mortgage reflected between $28,000 and $30,000 in cash equity that would have been realized as a result of the transaction.

"At this point, we have no idea what happened to that money, but we intend to investigate," said Mirabelli, a prominent Chicago divorce lawyer.

Mortgage experts said spouses sometimes agree to sign off of a deed but remain on the mortgage after pressure from a bank, if they have bad or weak credit. Additionally, if Chris Coleman died without a will, under Illinois law, his wife would have had a claim to the house, despite having signed off the deed.

On May 11, News-Democrat reporters showed two documents -- Sheri Coleman's voter registration card signed July 25 and the Oct. 6 quit-claim deed -- to handwriting expert Betty Butts, of Kirkwood, Mo.

Butts concluded the signatures were made by the same person.

Sheri Coleman and her children died without a will, leaving control of the house and other assets to Chris Coleman. The wrongful death lawsuit challenges his right to inherit any assets from the marriage.

"Sheri's mother told me that she couldn't imagine that her daughter would voluntarily take her name off the deed," Mirabelli said. "So, we are going to do due diligence as lawyers to find out."

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