IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS AND ST. JOHN
MICHAEL LEWIS, JR., MEDINA ROGERS, _ )
as Trustee for DELON TYRONE LEWIS, )
and INGRID ROGERS-LAKE )
)
Plaintiffs ) CASE NO. ST-09-CV-00375
v )
) Action for Partition of Real
) Property
PATRICIA M. ROGERS, FIRSTBANK )
PUERTO RICO, and LAURENT LAKE )
) Cite as 2024 V1 Super 48
Defendants )
ee )
STYLISH WILLIS, ESQ JUDITH L. BOURNE, ESQ
Jegge Gut Gade #1 THE BOURNE LAW OFFICE, PLLC
P. O. Box 6616 19 Norre Gade, P.O. Box 6458
St. Thomas, U.S.V.I. 00804 St. Thomas, U.S.V.I. 00804
Counsel for Plaintiffs Counsel for Defendant Patricia Rogers
CARTY, Senior Sitting Judge
MEMORANDUM OPINION
(Filed October 31, 2024)
{!. THIS MATTER is before the Court upon remand from the Supreme Court
of the U.S. Virgin Islands. On August 27, 2020, the Supreme Court remanded
this matter for further proceedings to specifically address certain issues raised
by the parties and to further quantify and explain the monetary distributions
assessed to each party. In this case, Plaintiffs seek to partition two real
properties situated at Parcel No. 1-104 Estate Wintberg, No. 3 Great Northside
Quarter, St. Thomas, Virgin Islands (“Wintberg”) and Parcel No. 137 Estate
Hospital Ground, Kings Quarter, St. Thomas, Virgin Islands (“Hospital Ground”
or collectively referred to as “Subject Properties”). A bench trial was held on
December 1, 5, and 6, 2016. The court heard the sworn testimonies of Ingrid
Memorandum Opinion
Rogers-Lake, Medina Rogers, Michael Lewis, Jr, Dionne Nelthropp and Patricia
M. Rogers.! At the conclusion of the trial, the Court took this matter under
advisement and permitted the parties to submit post-trial briefs, memorialized
in an Order by this Court entered December 22, 2016. Briefs were submitted
on January 20, 2017. Each party presented testimony, exhibits, and oral
arguments; and based on the evidence, the Court found partition in favor of the
Plaintiffs is appropriate
72. In the Plaintiffs’ Petition for Partition filed on August 11, 2009, Original
Plaintiff Sandra Rogers-Joseph? and Plaintiffs contend Defendant Patricia
Rogers failed to distribute their rightful portions of the rental income from the
properties to them and therefore Defendant should convey her one-third
interest in the properties, as an offset, to Plaintiffs upon proof of the value of
Defendant’s proportionate share. Plaintiffs sought a referee for the purpose of
determining the fair market value of both properties, or alternatively moved the
court to accept the appraisal report values. In her counterclaim, Defendant
Patricia Rogers contends she should be compensated for services provided
since she maintained the properties, paid expenses on both properties,
addressed the demands of the tenants and preserved the properties for the
benefit of the parties. She further contends she should not be responsible for
the mortgage or loans secured by Plaintiff Ingrid Rogers-Lake as those were to
the benefit of Ingrid Rogers-Lake and her husband
"In a Court Order dated November 28, 2016, nominal Defendant FirstBank Puerto Rico only was excused
from this matter as their only interest is as a mortgagor over the Subject Properties. Laurent Lake was also a
nominal defendant subsequently dismissed as he is the husband of Ingrid Rogers-Lake and named as a mortgagor
? Sandra B. Rogers-Joseph and Ingrid Rogers-Lake were the original plaintiffs in this matter. Sandra Rogers died on
March 6, 2010, in Jacksonville, Florida. See Pls’ Trial Ex. 20 ]t, Adjudication entered on April 3, 2012, by the
Superior Court of the Virgin islands. On February 7, 2012, Michael Lewis, Jr., in his capacity as the Personal
Representative of the Estate of Sandra Bernice Rogers f/k/a Sandra Bemice Joseph was substituted as a plaintiff.
A subsequent order was entered on June 11, 2014, nunc pro tunc to May 16, 2014, wherein Michael Lewis, Jr. was
allowed to proceed as a plaintiff in his name, and Medina Rogers, as trustee for Delon Tyrone Lewis, was added as
a plaintiff.
Memorandum Opinion
q3. In consideration of the evidence and the record, the Court makes the
following findings of fact and conclusions of law. Judgment will be entered
granting Plaintiffs requested relief of partition of real properties Parcel No. 1
104 Estate Wintberg and Parcel No. 137 Estate Hospital Ground, and order the
properties be sold if buy-out options are unattainable. Net proceeds will be
equitably distributed according to the parties’ respective shares
FINDINGS
OF FACT
A. Background Facts
1. Plaintiff Ingrid Rogers-Lake is an adult resident of St. Thomas, Virgin
Islands
2. Sandra B. Rogers-Joseph was a Plaintiff at the time of filing this matter,
but upon her death? she has since been substituted by her sons, Plaintiff
Michael Lewis, Jr., who is an adult resident of the state of Florida and
Plaintiff Delon Tyrone Lewis, who is represented by Plaintiff Medina Rogers
as Trustee, a resident of the state of Florida
3. Defendant Patricia M. Rogers is an adult resident of St. Thomas, Virgin
Islands
4. Ingrid Rogers-Lake (Ingrid), Sandra B. Rogers-Joseph (Sandra), and
Patricia M. Rogers (Patricia) are sisters.‘ (Dec. 5. 2016, Trans. p.13)
5. Medina Rogers and Andrew Rogers are the parents of the three sisters
(Dec. 5. 2016, Trans. pp. 12-13)
6. The Adjudication of the Estate of Sandra B. Rogers-Joseph was entered on
> Pursuant to the Adjudication, the heirs of Sandra Rogers-Joseph, Michael Lewis, Jr. and Delon Tyrone Lewis
inherited one-half each of her one-third interest in the Subject Properties which represents a one-sixth interest
* For the purpose of clarity, the Court will interchangeably refer to the siblings by their first names as all
individuals in this family share the same last name
Memorandum Opinion
April 3, 2012, by the Superior Court of the Virgin Islands, with Michael
Lewis, Jr. and Delon Tyrone Lewis each receiving a % undivided interest
in their mother’s estate.5
7. Upon the death of Original Plaintiff Sandra Rogers-Joseph and pursuant
to the Adjudication of her estate in the Superior Court of the Virgin
Islands, Case No. ST-2010-PB-00086, her property interest in the Subject
Properties was evenly distributed to her sons, Plaintiffs Michael Lewis, Jr
and Delon Tyrone Lewis® on April 3, 2012, as tenants in common. This
conveyance was recorded on June 14, 2013, as Document No
2013004854 with the Office of the Recorder of Deeds for the District of St
Thomas and St. John
8. On December 17, 1993, Andrew Rogers (hereinafter “Rogers”) executed
and delivered a promissory note in favor of Chase Manhattan Bank in the
amount of $34,000 on Parcel No. 1-104 Estate Wintberg, St. Thomas,
Virgin Islands. (Def. ex. 2, admitted by stipulation)
9. At some point, Rogers defaulted on the loan and Chase Manhattan Bank
brought an action against Rogers. Default Judgment was entered against
him in favor of the Bank on March 20, 2000. (Def. ex. 2)
10 As a result, Rogers sought financial assistance from Ingrid in an attempt
to prevent foreclosure
11. On July 2, 2002, Rogers conveyed a Deed of Gift to 1-104 Wintberg to his
daughter, Plaintiff Ingrid Rogers-Lake, which was recorded on July 18,
$ In the matter of the Estate of Sandra Rogers-Joseph, ST-2010-PB-00086
* Delon Tyrone Lewis had not reached the required age in accordance with the Last Will and Testament of Sandra B
Rogers-Joseph. As such, his interest was held by his grandmother, Medina Rogers, instituted as the Trustee by
Order dated June 11, 2014
Memorandum Opinion
2002, as Document No. 2002003852 with the Office of the Recorder of
Deeds for the District of St. Thomas and St. John. The legal description
of the Wintberg property is
Parcel No. 1-104 Estate Wintberg
No. 3 Great Northside Quarter
St. Thomas, Virgin Islands
Consisting of 10,500 sq. ft more or less
As shown on P.W.D. Drawing No. A9-81-T68
(Pl. ex. 1)
12. On July 17, 2002, Ingrid Rogers-Lake and her husband Laurent Lake
obtained a mortgage on the Wintberg property in the amount of
EIGHTY-TWO THOUSAND, FORTY-FIVE DOLLARS ($82,045) from Banco
Popular de Puerto Rico, which was recorded on July 18, 2002, as
Document No. 2002003853 with the Office of the Recorder of Deeds for
the District of St. Thomas and St. John. (Pl. ex. 2)
13. On August 3, 2005, Rogers conveyed a Quitclaim Deed to the Hospital
Ground property to two daughters, Sandra B. Rogers-Joseph and Patricia
M. Rogers, which was recorded on September 22, 2005, as Document No
No. 2005009734 with the Office of the Recorder of Deeds for the District of
St. Thomas and St. John. The legal description of the Hospital Ground
property is
Parcel No. 137 Estate Hospital Ground
Kings Quarter
St. Thomas, Virgin Islands
Consisting of 3,648 sq. ft more or less
As shown on Measure Brief Dated 12/30/63
(Pl. ex. 15)
14. On April 7, 2006, Plaintiff Ingrid Rogers-Lake conveyed a Deed of Gift to
Memorandum Opinion
herself and her two sisters, Defendant Patricia M. Rogers and Sandra Rogers
Joseph, granting each a 1/3 interest in Wintberg as tenants in common
This conveyance was recorded on May 5, 2006, as Document No
2006004387 with the Office of the Recorder of Deeds for the District of St
Thomas and St. John. (Pl. ex. 14)
15. On April 7, 2006, Patricia M. Rogers and Sandra Rogers-Joseph conveyed
a Deed of Gift to their sister Ingrid Rogers-Lake, granting her a 1/3 interest
in Hospital Ground, thus each party possessing a 1/3 interest as tenants in
common. This conveyance was recorded on May 5, 2006, as Document No
2006004388 with the Office of the Recorder of Deeds for the District of St
Thomas and St. John. (PI. ex. 15)
16. The Wintberg property is a two-level structure consisting of five (5) bedrooms
and four (4) bathrooms. It consists of two units with the upper level
featuring three bedrooms and two bathrooms, and the lower level featuring
two bedrooms and two bathrooms. The lower level lacked a kitchen as of the
date of the appraisal of November 22, 2016. (Def. ex. 1)
17. The Hospital Ground property is a two-story structure consisting of eight (8)
bedrooms and four (4) bathrooms evenly distributed across four rental units
18. The are three parties to this case and the two properties are so situated that
partition by physical division of the properties cannot be made without great
prejudice to the parties
19, Unrelated to this proceeding and unbeknownst to Sandra and Patricia,
Rogers had previously deeded another property adjacent to the Wintberg
property located in St. Joseph &
Memorandum Opinion
to Ingrid Rogers only. (Dec.5, 2016, Trans. p. 38)
20. On May 31, 2005, Plaintiff Ingrid Rogers-Lake and Defendant Laurent Lake
refinanced the mortgage on Wintberg dated July 17, 2002, in the original
principal amount of NINETY THOUSAND DOLLARS ($90,000) with FirstBank
Puerto Rico.’ (Pl. ex. 6)
21. FirstBank holds a valid, first priority mortgage on Parcel No. 1-104 Wintberg
dated May 31, 2005, as Doc. No. 2005005481 and was modified by a
Modification of Note and Mortgage by adding Eleven Thousand Dollars and
increasing the loan to ONE HUNDRED ONE THOUSAND DOLLARS
($101,000), dated June 6, 2005, and recorded on June 7, 2005, as Doc. No
2005005785. (Pl. ex. 8)
22. The monthly payment on this Note Modification was Six Hundred Thirty
Dollars and Eleven cents ($630.11). (Pl. ex. 8) The mortgage payment
was One Thousand, Twenty-nine Dollars and Fifty Cents ($1,029.50)
23. During the time of these property transfers, Sandra was not residing in the
Territory and had already relocated to the U.S. mainland sometime in 1996,
eventually taking up residence in Jacksonville, Florida
24. On December 13, 2005, Defendant Patricia M. Rogers and Original Plaintiff
Sandra Rogers-Joseph obtained a mortgage on Parcel No. 137 Hospital
Ground from FirstBank Puerto Rico in the amount of NINETY-FIVE
THOUSAND DOLLARS ($95,000). (Pl. ex. 13)
7 Ingrid Rogers-Lake paid in full and satisfied the mortgage with Banco Popular de Puerto Rico, recorded
as Document No. 2002003853 with the Office of the Recorder of Deeds for the District of St. Thomas and St
John. Satisfaction and Release of Mortgage, Lis Pendens and Judgment, recorded as Doc. 20020038513 (Pi. ex. 4)
Memorandum Opinion
25. FirstBank holds a valid first priority mortgage on Hospital Ground dated
December 13, 2005, and recorded on December 13, 2005, as Doc. No
2005012944
26. The monthly payment on this mortgage is Nine Hundred Eighty-two Dollars
and Ninety-six cents ($983.96). (Pl. ex. 32)
27. Defendant Patricia M. Rogers paid the mortgages on both properties during
the period of 2006 to 2009. (Dec. 5, 2016, Trans. pp. 39, 42)
28. Andrew Rogers died on May 10, 2006. (Dec. 5, 2016, Trans. p.119)
29. Sometime during mid-2006, Sandra, Ingrid, and Patricia and in the presence
of their mother, Medina Rogers, had a family discussion on how the
properties would be managed. (Dec. 1, 2016, Trans. p. 134)
30. The parties agreed that Patricia would reside upstairs of 1-104 Wintberg,
until the tenant that resided in the downstairs apartment leaves so Patricia
would move downstairs and the upstairs unit would be repaired and rented
31. Mrs. Rogers repeatedly provided what she determined to be management
advice to her daughters on keeping the properties rented; and advising them
on how to pay down on the mortgage quicker by applying the remaining rent
proceeds to the principal, to eventually create residual income sooner for the
three sisters. (Dec. 1, 2016, Trans. pp. 134-139)
32. Patricia agreed the upstairs level of Wintberg should be repaired before
renting the premises. (Dec. 5, 2016, Trans. pp. 27, 51)
33. Patricia further agreed that after their father’s death, she would move
downstairs, repair upstairs and rent it. (Dec. 5, 2016, Trans. p. 51)
34. Patricia agreed
Memorandum Opinion
statements to be mailed to Sandra. Patricia was responsible for collecting
rent, maintaining the property, securing contractors, paying expenses, and
distributing net rental income. (Dec. 5, 2016, Trans. p. 42)
35. In June 2006, Patricia and Ingrid opened a bank account xxx-xx1205 at
Banco Popular. (Dec. 5, 2016, Trans. pp. 104-105)
36. Shortly thereafter, Patricia stopped depositing monies into that account
because she was not comfortable with having an account with Ingrid
Patricia did not notify Ingrid of closure of the account. (Dec. 5, 2016, Trans. p
106). Patricia deposited the monies into her personal accounts. (Def. exs. 3,4,
& 8)
37. On August 18, 2009, Patricia opened a bank account at Scotiabank between
herself and Sandra for the purpose of depositing rent and writing checks
(Dec. 5, 2016, Trans. pp. 41, 55)
38. On December 23, 2014, Dionne Nelthropp, a Virgin Islands realtor, was
appointed as the Receiver to collect rents, make bank deposits, pay for the
upkeep and maintenance of the properties, effective December 1, 2014
(Order dated December 23, 2014, nunc pro tunc to 11/12/2014)
39. Ms. Nelthropp testified the potential rental value of the upstairs unit at 1-104
Wintberg between the years 2006 through 2016 ranged from $1,600 to
$2,000. (Dec. 1, 2016, Trans. p. 233). Estimated rental income at the lower
rate of $1,600 per month over a ten and one half-year period between June
2006 and December 2016 (127 months) amounts to $203,200. An estimate at
the higher end of $2,000 amounts to $254,000 over the same 10% year
period
Memorandum Opinion
40. With no adjustments for expenses or tenant losses due to non-payment or
non-occupancy, the maximum potential rental income the parties could have
received had the upstairs unit at 1-104 Wintberg been rented is $254,000
Likewise at the lower rate of $1,600, the total rental income loss is
approximately $203,200
41. Patricia took out a bank loan in the amount of Ten Thousand Dollars
($10,000). Although she testified the loan was in support of Sandra, there is
no documentary or corroborating testimony to support this assertion
(Dec. 5, 2016, Trans. p. 115)
B. Procedural History of Case
42. On August 11, 2009, Sandra B. Rogers and Ingrid Rogers-Lake filed their
Petition to Partition in the Superior Court of the Virgin Islands and
subsequently filed an Amended Complaint on November 26, 2014. (See
Petition filed August 11, 2009; Amended Complaint filed on November 26,
2014.)
43. They filed this action requesting partition, by sale, of the two properties if they
are not granted the first option to buy out the Defendant’s interest and obtain
their distributive shares due and owing by Defendant from the Subject
Properties
44. Defendant Patricia M. Rogers was personally served with process of the
original Petition on August 17, 2009
45. On September 9, 2009, Patricia filed an Answer and Counterclaim, and
another one on September 15, 2015, followed by several motions during the
ensuing years
Memorandum Opinion
46. In the November 26, 2014 Amended Complaint, Plaintiffs sought to join
FirstBank Puerto Rico and Laurent Lake as defendants, however they
were properly joined and dismissed from this matter as nominal defendants
C. Plaintiffs are Entitled to Their Rightful Share of All Net Rent
Proceeds; Calculations of Expenditures and Distributive Shares
47. As of December 2016, the mortgages of the Subject Properties were both
paid up to date
48. On November 22, 2016, Parcel No. 1-104 Wintberg was appraised and valued
at Three Hundred Forty Thousand Dollars ($340,000). The Court accepts
this as the then-fair market value. (Def. ex. 1)
49, On December 29, 2016, Parcel No. 137 Hospital Ground was appraised and
valued at Three Hundred Thousand Dollars ($300,000). The Court accepts
this as the then-fair market value. (Pls.’ Notice of Filing Appraisal Report p.4)
SO. All four Hospital Ground units and the downstairs unit of Wintberg have
been rented between April 2006 and December 2014
51. From June 2006 to July 2009, Patricia collected all the rents for four
Hospital Ground units and the downstairs Wintberg unit for a total of
approximately Three Thousand, Two Hundred Dollars ($3,200) per
month. (Dec. 5, 2016, Trans. p. 66)
52. Each Hospital Ground unit was rented at Six Hundred Fifty Dollars
($650) per month. (Def. exs. 23-28, Dec. 5, Trans p. 40)
53. This represents $2,600 per month for three years and two months for a total
of $98,800 collected from Hospital Ground
54. Patricia collected Six Hundred Dollars ($600) from the downstairs unit at
Wintberg during the same period. Therefore, she collected about $22,800
from Wintberg and between the two properties the total sum of $121,600
55. Since Patricia opened the checking account at Scotiabank on August 18,
2009, no monies collected from June 2006 to July 2009, were deposited
Memorandum Opinion
into the Scotiabank account
56. This account was specifically opened for rent deposits and to pay out
expenditures on the properties. (Dec. 5, 2016, Trans. pp. 57-58)
57. From August 2009 to December 20148, Defendant Patricia M. Rogers
collected rents from three Hospital Ground units for a total of approximately
One Thousand, Nine Hundred Fifty Dollars ($1,950) per month. (Dec. 6,
2016, Trans. p.74)
58. Therefore, the total amount of rental monies Defendant Rogers collected
from June 2006 to December 2014 is approximately Two Hundred
Forty-Eight Thousand, Three Hundred Fifty Dollars ($248,350)
59. From August 2009 to December 2014, Plaintiff Ingrid Rogers-Lake collected
rent from one Hospital Ground unit and the downstairs unit of Wintberg
unit for a total of approximately One Thousand, One Hundred Fifty Dollars
($1,150) per month. (Dec. 6, 2016, Trans. p.74)
60. Therefore, the total amount of rental monies Plaintiff Ingrid Rogers-Lake
collected from August 2009 to December 2014 is approximately Seventy
Four Thousand, Seven Hundred Fifty Dollars ($74,750)
61. Plaintiff Ingrid Rogers-Lake and Defendant Patricia M. Rogers made
payments on the mortgages attached to the Wintberg and Hospital Ground
properties with the monies collected from rent
62. Defendant Patricia Rogers paid both mortgages from 2006 to 2009 (Dec. 6,
2016, Trans. p.75)
63. The monthly payments on Hospital Ground were $983.96 and appears to
have gradually increased to $1,072.94 over the course of the loan. (Pl. ex. 32)
* On December 23, 2014, the Court appointed the Receiver effective December 1, 2014, however, all the lease
agreements were dated on the first of the respective month and the record is unclear as to who collected the rent
for December. Therefore, the parties will be credited with collecting December rents
® There was a rent decrease from $600 to $500 at Wintberg which appears to have occurred when Ingrid started to
collect the Wintberg rent in 2009
Memorandum Opinion
(Def. ex. 4, check no. 1345)
64. The monthly payment for the Wintberg property started at $1,029.50 and
increased over the period of the loan
65. From August 2009 until December 2014, Patricia continued paying the
mortgage on Hospital Ground only
66. Based on Defendant’s exhibits, if between June 2006 and the end of 2007,
the monthly payment was $983.96, and then the increase to $1,072.94
occurred January 2008 through December 2014, Defendant Rogers paid
approximately $18,695.24 during the first 19 months. She then paid an
estimated sum of $90,126.96, for the latter 84 months at the monthly rate of
$1,072.94
67. Therefore, the total mortgage payments Patricia made towards the Hospital
Ground property is approximately One Hundred Eight Thousand, Eight
Hundred Twenty-two Dollars and Twenty cents ($108,822.20)
68. From June 2006 to July 2009, Patricia paid approximately $1,029.50, in
monthly payments towards the Wintberg property
69. Defendant’s exhibits depict some checks paid to FirstBank in increased
amounts up to $1,603.34. However, it is unclear as to what property the
mortgage was applied to. Notably, Defendant’s exhibits 3,4, and 8 represent
her personal accounts where mortgage payments were made from and a
large portion of transactions were personal in nature. The record is void of
proof of many mortgage payments, but FirstBank represented prior to trial
both mortgages were current, hence their dismissal. See infra 84
70. Over the three years and two months, Patricia paid approximately
$39,121 on the Wintberg mortgage bringing the combined total mortgage
payments made by Patricia to One Hundred Forty-Seven Thousand, Nine
Hundred Forty-Three Dollars and Twenty cents ($147,943.20)
71. From August 2009 until December 2014, Plaintiff Ingrid Rogers-Lake
Memorandum Opinion
Dollars ($65,888) in mortgage payments on the Wintberg property
72. Defendant Patricia Rogers failed to provide an accounting of all rental
income and expenses and further failed to produce the necessary receipts
to provide a proper accounting
73. Patricia testified that she never paid Ingrid any monies collected from the
rentals and neither did she ever provide her with any accounting. (Dec. 6,
2016, Trans. p.29.)
74, At a preliminary hearing conducted on July 10, 2014, Patricia admitted to
throwing away receipts, despite the pendency of this litigation for five (5)
years. (July 10, 2014, Trans. p.5)
75. Patrica further admitted that her son threw away the receipts. (Dec. 6,
2016, Trans. p. 73)
76. Patricia testified she was given a quote of $260,000 to replace the Hospital
Ground roof which was leaking
77. She testified the bank loan of $95,000 that she and Sandra were able to
qualify for was for the purpose of repairing the roof. They received a bid
of $78,684.50 for repairs of the roof and the interior areas of the
apartments. However, there is no corroborating testimony or documentary
evidence to show how the monies were actually spent. (Pl. ex. 30)
78. Ingrid had no property-related expenses
79. Sandra’s expenses to the property consist of a Three Thousand, Eight
Hundred Dollar ($3,800) check she wrote to Patricia. This check was
earmarked to assist Defendant with property related expenses and was
dated June 13, 2007
80. As previously stated, despite their agreement Defendant never accounted to
Plaintiffs for the collections, expenditures, or distributions of rental income
The only items on record as payments to Plaintiffs are as follows
Case No. ST-2009-CV-00375
Memorandum Opinion
® 6/12/2007- check no. 147 in the amount of $500
to Sandra Rogers (Def. Ex. 8)
e 10/23/2007-check no. 1285 in the amount of $80
to Sandra Rogers
¢ 11/28/2007-check no. 1300 in the amount of $300
to Delon Joseph
® 02/26/2008-check no. 1327 in the amount of $1,500
to Medina Rogers. !°
The total documented amount paid out here is $2,330. The check to
Medina Rogers is a reimbursement, so it will be credited as property
expense. The $500 check issued to Sandra is a distribution of rental
income, therefore, the $500 will be credited to Sandra’s heirs
81. Patricia testified the $300 to Delon was a contribution and she could not
remember why she gave Sandra $80 therefore, they will not be included
in the offsets. (Dec. 5, 2016, Trans. pp. 127,129-134)
82. There are fourteen (14) documented expenses of which none were identified
by property. The following expenses were provided: On December 20, 2007,
and on January 9, 2008, David Augustine was paid $120 and $150
respectively for lawn services. On November 11, 2007, Alson Henry was
paid $175 for services associated with a water heater. On January 8, 2008,
Conrad Ambrose was paid $2,500 for windows and also paid $1,300
on April 14, 2008. Hekseth Peter was paid $900 on March 10, 2008, and
another $900 on May 19, 2008, for work associated with kitchen cabinets
On May 2, 2008, a check was written for $97.98 for the tax on fans brought
in for Wintberg. On May 13, 2008, AA Supplies was paid $35.11 for floor
wax. On April 2, 2009, a check was issued to Home Depot in the amount of
$93.60 for doors for the Wintberg property. On July 18, 2011, a check was
'© Medina Rogers is a Trustee on behalf of a Plaintiff, not a cotenant. The check in the amount of $1,500 is a
reimbursement for an expenditure
Case No. ST-2009-CV-00375
Memorandum Opinion
written to Robert Quezada in the amount of $1,500 for repairs and painting
On September 26, 2011, Gerome Hippolite was paid $1,000 and another
$400 on September 30, 2011, for roof work. On August 23, 2014, Johnson
Albert was paid $250 to fix a pump house
83. The total documented amount Defendant paid in expenses is $9,421.69;
and it was difficult to ascertain what property the expenses are
associated with
84. As it pertains to the mortgages,!! the following checks were disbursed to
FirstBank from a personal bank account which represents documented
payments provided by the Defendant
e Oct. 18, 2007- Check no.1288 $1,029.49
e Oct. 18, 2007- Checkno.1303 $1,338.09
e Jan. 4, 2008 Check no.1315 $1,338.09
e Jan. 4, 2008 Check no.1316 $1,338.09
e Jan. 4, 2008 Check no.1316 $88.98
e Mar.10, 2008 Check no.1334 $1,029.50
e April 4, 2008 Check no.1345 $1,029.50
(same check) $1,072.94
e May 2, 2008 (tax on fans) $97 .9812
e Mastercard $1,338.0913
Additional mortgage payments from Defendant’s personal bank account were
documented as follows
e May 5, 2010 - Check no. 114 $963.52
e June 7, 2010 - Check no. 116 $1,603.34
e July 7,2010- Check no. 124 $1,603.10
e Aug. 4,2010- Check no. 133 $1,602.87
'' See Def. ex. 4
” This represents a tax on the fans to U.S. Customs Border & Protection as the Defendant testified to purchasing
fans for the Wintberg property
”” Of all the highlighted entries contained in Def. ex. 5, Defendant faited to demonstrate how those expenses are
associated with any of the properties. The only relevant entry on the Scotiabank Mastercard is a one-time
mortgage payment shown above
Memorandum Opinion
e Sept. 7,2010 - Check no. 139 $1,602.64
¢ Oct. 7, 2010 Check no. 142 $1,602.64
e Dec. 6, 2010 - Check no. 148 $1,602.62
e Feb. 8, 2011 Check no. 165 $1,601.44
e April5,2011 - Check no. 176 $1,601.68
e May 6, 2011 Check no. 180 $1,601.44
e July 6, 2011 Check no. 185 $1,601.68
e Aug. 3, 2011 Check no. 194 $1,601.68
e Mar. 6, 2012 Check no. 218 $1,243.11
e June 5, 2012 Check no, 224 $1,243.11
e June 20,2012 - Check no. 228 $1,241.47
e Jan. 4, 2013 Check no. 246 $273.61
e Sept.5, 2013 Check no. 135 $357.19
Defendant offered into evidence a total of approximately Nine
Thousand, Four Hundred Twenty-One Dollars and Sixty-nine Cents
($9,421.69) in property-related expenses
85. Ingrid had personal credit card debt of $3,776.57 and a loan of $14,441.94
for a total of personal debt in the amount of $18,218.51, at the time of
obtaining the loan on the Wintberg property
86. Ingrid did not collect any rent from Hospital Ground between June 2006
through May 2009. (Dec. 6, 2016, Trans. p. 67)
87. From 2009 until the receiver took over in December 2014, Ingrid collected
one rent from Hospital Ground and the rent from Wintberg downstairs
to pay the Wintberg mortgage. (Dec. 6, 2016, Trans. p. 74)
88. No lease agreements were produced for the Wintberg property. However,
because Patricia was collecting rent from 2006 to 2009 from the Wintberg
Memorandum Opinion
tenant and the sisters agreed for Patricia Rogers to move downstairs, the
Court can conclude Patricia violated the verbal agreement by unilaterally
choosing not to move downstairs
89. Ingrid testified she never prevented any tenant from vacating the Wintberg
downstairs unit or prevented Patricia from moving into the apartment
(Dec. 6, 2016, Trans. p. 73)
90. Despite Patricia having legal authority to ask the tenant to vacate the
downstairs premises so that she may live downstairs and rent upstairs,
Patricia failed to do so
91. Patricia testified that upstairs needed major repairs, however she has
always maintained the upstairs unit as her place of residence up to and
including December 2016
92. The Court finds several portions of Defendant Patricia Rogers’ testimony
less than credible, particularly since she took on the responsibility
of maintaining both properties, and failed to secure receipts for repairs
and items purchased for the maintenance of the properties
93. Moreover, the Court believes Patricia had complete dominion and control
over both properties and intentionally decided not to provide an accounting
to any of the Plaintiffs
94. While the Court recognizes the efforts made by Patricia in securing
laborers and using her time to prepare and maintain the apartments, it
was also her responsibility to keep receipts and proper documentation
to show the type of repairs done, by whom services were rendered, when
Case No. ST-2009-CV-00375
Memorandum Opinion
95. Defendant testified of her education and work experience, therefore
she knew or should have known the importance of maintaining receipts
and other documents pertaining to the repairs, upkeep, and
maintenance of the properties
96. Patricia testified of the importance of keeping Sandra abreast of the
bank transactions thus she knew she had to account for income
received and money expended. Afterall, nothing was distributed besides a
single check to Sandra for $500, hence, it is evident Defendant had no
intention of distributing any portion of the net rental income to the
cotenants
97. Even five years after the lawsuit commenced, Patricia presented not even a
single receipt or an invoice for maintenance or repairs between 2009 and
2014. The Court can surmise rental properties will, over a five period,
require some type of maintenance. Yet, she failed to do so
98. Defendant had an equitable duty to distribute to Plaintiffs their respective
share of the rental income even if the net income was $1.00
CONCLUSIONS
OF LAW
A. Jurisdiction and Venue
1. This court has jurisdiction over this civil matter pursuant to Title 4 V.LC
§ 76(a)
2. The subject matter of the claims and defenses are related to real property
lying on the island of St. Thomas, United States Virgin Islands, thus
venue is proper in this judicial district
Case No. ST-2009-CV-00375
Memorandum Opinion
3. The Plaintiffs filed complaints in this Court, thus voluntarily appearing
and waiving any objection to personal jurisdiction
4. Defendant Patricia M. Rogers was properly served on August 17, 2009,
filed an Answer and a counterclaim thus the Court has personal
jurisdiction over Defendant
B. Partition of Real Property
5. The right to partition is codified within Title 28 V.I.C. § 451, which
provides in pertinent part
When several persons hold and are in possession of real
property as tenants in common, in which one of them have an
estate of inheritance,... any one or more of them may maintain
an action of an equitable nature for the partition of such real
property according to the respective rights of the persons
interested therein, and for a sale of such real property... if it
appears that a partition cannot be had without great prejudice
to the owners
6. Further, § 458 reads, in part
If it is alleged in the complaint and established by evidence, or
it appears by evidence, without such allegation in the
complaint, to the satisfaction of the court, that the property,
, is so situated that partition cannot be made without great
prejudice to the owners, the court may order a sale thereof
7. The prove partition, a plaintiff must show that he or she has a tenancy in
common in real property. Hodge v. Ramos-Michael, 2015 V.I. Lexis 170
8. When deciding an action for partition, the Virgin Islands Code clearly
mandates that the parties prove their respective rights to the property and
that the trial court may only order partition according to those rights
Bryan v. Bryan, 2016 V.1. Lexis 44 (V.1. Super 2016)
9. A tenancy in common is the joint ownership of real property by two or
more persons, in equal or unequal undivided shares, each person having
an equal right to possess the whole property. Jd
Memorandum Opinion
10. There are two methods in which the court may sever concurrent interests
in real property in an action for partition: (1) partition in kind or (2) sale
Id. A partition in kind involves a physical division of the property and
severance of individual interests of each co-tenant so that after partition,
each has a right to enjoy an estate, or dispose of the estate, without
hindrance from the other. Jd. In a partition by sale, the property is
sold and the sale proceeds are divided between the parties according to
the parties’ respective shares. Id
11. Death of a cotenant neither terminates nor suspends the right of the
surviving cotenants. Ottley v. Estate of Bell, 61 V.1. 480 (2014)
12. Plaintiff Ingrid Rogers-Lake’s interest in the Wintberg property vested on
July 2, 2002, upon the conveyance of the property by Deed of Gift from
her father Andrew Rogers
13. Defendant Patricia M. Rogers’ interest in the Hospital Ground property
vested on August 3, 2005, upon the conveyance of a % interest in the
property from her father Andrew Rogers
14. Original Plaintiff Sandra B. Rogers-Joseph’s interest in the Hospital
Ground property vested on August 3, 2005, upon the conveyance of a %
interest in the property from her father Andrew Rogers
15. Plaintiff Ingrid Rogers-Lake’s interest in the Hospital Ground property
vested on April 7, 2006, upon the conveyance of a 1/3 interest in the
property from Defendant Patricia M. Rogers and Original Plaintiff Sandra
B. Rogers-Joseph. (Deed of Gift, Pl. ex. 15)
16. Defendant Patricia M. Rogers’ interest and Sandra Rogers-Joseph’s
interest in the Wintberg property vested on April 7, 2006, upon the
conveyance of a 1/3 interest each in the property from Plaintiff Ingrid
Rogers-Lake. (Deed of Gift, Pl. ex. 14)
17. After the death of Original Plaintiff Sandra Rogers-Joseph, her 1/3
Memorandum Opinion
Plaintiffs Michael Lewis, Jr. and Delon Tyrone Lewis on April 3, 2012,
upon the Adjudication of her estate. (See Adjudication entered in Probate
case no. ST-2010-PB-00086)
18. The rights of each party have not been challenged and as such has been
respectively established as follows:!4
a. Plaintiff Ingrid Rogers-Lake having an undivided 1/3 interest in
the Subject Properties as a tenant common
b. Defendant Patricia Rogers having an undivided 1/3 interest in the
Subject Properties as a tenant in common
c. Plaintiff Michael Lewis, Jr. having an undivided1/6 interest in the
Subject Properties as a tenant in common
d. Plaintiff Delon Tyrone Lewis having an undivided1/6 interest in
the Subject Properties as a tenant in common
19. Plaintiffs, as tenants in common with each other and Defendant Patricia
M. Rogers, are entitled to request a judicial partition of both the
Wintberg and Hospital Ground properties. !5
20. As tenants in common, Plaintiffs may pursue an action against
Defendant Patricia Rogers for receiving more than her portion of the
rents or profits produced by the Subject Properties
21. Plaintiffs have proven their right to an accounting and proven that
Defendant has been unjustly enriched
22. The Court has found, through documentary evidence and testimony
provided, that between June 2006 and December 2014, Defendant
Patricia Rogers collected an excess of rental income from the Subject
Properties that was not appropriately accounted for nor distributed to
'* Title 28 V.LC. § 457 explains “(t]he rights of several parties, plaintiffs as well as defendants may be put in issue.
tried, and determined in a partition action. Where a defendant fails to answer, or where a sale of property is
Sra eaite Te shall be ascertained by proof to the satisfaction of the court before the judgment for partition
'S See
28 V.ILC. § 451
Memorandum Opinion
the remaining tenants in common in accordance with each owner’s
proportional share
23. A constructive trust exists where a person holding title to property is
subject to an equitable duty to convey it to another on the ground that
he would be unjustly enriched if he were permitted to retain it. In re
Estate Todman, 48 V.I. 166, 179 (VI Super. Ct. 2006) 2006 V.I. Lexis 29
*21-23, 2006 WL 3940589
24. A constructive trust does not, like an express trust, arise because of the
manifestation of an intention to create it, but it is imposed as a remedy to
prevent unjust enrichment. In re Pemaquid Underwriting Brokerage, 319
B.R. 824, 843 (Bankr. D.N.J. 2005) quoting Restatement (First) Restitution
§ 160 (1937)
25. A constructive trust is an equitable remedy compelling a person who has
property to which he is not justly entitled, to transfer it to the person
entitled to it. Similarly, it is an equitable remedy commonly sought and
granted in cases of unjust enrichment. A constructive trust is not a
separate cause of action. 90 C.J.S. Trusts § 176, See also, In re Estate
Todman, 48 V.1. 166, 180 (VI Super. Ct. 2006)
26. While unjust enrichment must be pled as a cause of action, constructive
trust does not. A constructive trust is an equitable remedy and not a
separate, specific cause of action. St. Luke’s Health Network, Inc. d/b/a
St. Luke’s University Health Network, et al. v. Lancaster General Hospital,
et al., 2024 U.S. Dist. LEXIS 164116;
2024 WL 4173783. A constructive
trust may be imposed against one who has been unjustly enriched, even
though he is guilty of no wrongdoing. In re Estate of Todman, at 179
27. A plaintiff could seek restitution in equity, ordinarily in the form of a
constructive trust or an equitable lien, where money or property
identified as belonging in good conscience to the plaintiff could clearly be
Memorandum Opinion
possession." Skretvedt v. E.f. DuPont De Nemours, 372 F.3d 193, 211 (3d
Cir. 2004). See also Restatement of Restitution § 160, Comment a, at pp
641-642. In the case of constructive trust, a court of equity could then
order a defendant to transfer title to the party who was, in the eyes of
equity, the true owner. Id. See also Restatement of Restitution § 215,
Comment a, at 867.
28. 'Where a person holding title to property is subject to an equitable duty to
convey it to another on the ground that he would be unjustly enriched if he
were permitted to retain it, a constructive trust arises.’ In re Pemaquid
Underwriting Brokerage, Inc. at 843 quoting Restatement (First) Restitution
§ 160 [**23] (1937)
29. “Assumption of liability” means a promise by the transferee of mortgaged
real estate, whether made to the transferor or to the mortgagee, to perform
the obligation secured by the mortgage. The rights and duties of the
parties following a transfer of mortgaged real estate depends on whether
the transferee has assumed liability on the mortgage and the obligation it
secures. The transferee’s assumption of liability need not be in any
particular form or follow any particular verbal pattern. Any words
indicating the transferee’s intent to undertake personal liability for the
obligation will suffice. Restat 3d of Property; Mortgages, § 5.1(a)
30. Transfer of the pertinent deeds occurred on April 7, 2006. The original
titleholder to both properties, Andrew Rogers, died on May 10, 2006. All
parties (Ingrid, Patricia, and Sandra) were aware of the mortgages prior
to April 7, 2006, and at some point before or after the father’s death agreed
to continue paying the mortgages and did so
31. Between June 2006 and December 2014
a. Defendant Patricia M. Rogers collected a total of Two Hundred Forty-Six
Thousand, Four Hundred Dollars ($248,350) in rental income During
this
Memorandum Opinion
Thousand, Nine Hundred Forty-Three Dollars and Twenty-two cents
($147,943.22) to satisfy mortgages on both the Wintberg and Hospital
Ground properties. As for expenses, she claimed that receipts were
thrown away and only offered into evidence $9,421.69 in maintenance and
upkeep expenses and $1,500 reimbursement to Medina Rogers over the
same period of time, which the Court will accept. She also claimed a one
time distribution in the amount of $500 to Sandra. Hence, if the
mortgages, expenses, reimbursement, and distribution are subtracted
from the rental income the remaining balance is $88,985.09
Acknowledging Defendant Patricia Rogers’ 1/3 interest that entitles her to
a proportionate share, the remaining balance of which Patricia has been
unjustly enriched by and to be distributed to the co-tenants in common is
$59,323.39 to be distributed according to each person’s property interest
$29,661.70 for Ingrid; and $14,830.85 each to Michael Lewis and
Delon Lewis less $500 given to Sandra. 16
b. Plaintiff Ingrid Rogers-Lake collected a total of Seventy-three Thousand,
Six Hundred ($74,750) Dollars in rental income. During this same
period Plaintiff Ingrid Rogers-Lake paid Sixty-Three Thousand, Eight
Hundred Eighty-Eight Dollars ($63,888) to satisfy the mortgage in
Wintberg. Based on the record, Ingrid Rogers-Lake incurred no property
related expenses. This leaves an excess of Ten Thousand, Eight Hundred
Sixty-Two Dollars ($10,862). Acknowledging Plaintiff Ingrid Rogers-Lake’s
1/3 interest that entitles her to a proportionate share, the remaining
balance to be distributed to the co-tenants in common is $7,241.33
distributed according to each person’s property interest, hence,
'S Walters v. Walters, 60 V.1. 768,776 (V.I. 2014), In Walters, the court reformulated the elements of unjust
enrichment to require a plaintiff to prove: (1) that the defendant was enriched, (2) that such enrichment was at
plaintiff's expense, (3) that the defendant had appreciation or knowledge of the benefit, and (4) that the
circumstances were such that in equity or good conscience the defendant should return the money or the property
to the plaintiff.
Memorandum Opinion
$3,620.67 to Patricia and $1,810.33 each to Michael Lewis and Delon
Lewis
32. Additionally, based on the testimony of the receiver, the market rental
rate of the upstairs unit of Wintberg ranged between $1,600 to $2,000 per
month during the years from 2006 to 2016 (Dec. 1, 2016, Trans. p. 233)
Because Patricia agreed to move downstairs but refused despite the
agreement, and had complete authority over the tenant, Patricia caused a
substantial loss of rental income. In calculating this loss, the Court factored
the conservative amount of $1,600 per month for the 10 % years (127
months) as a loss to all tenants in common. Granting a grace period of four
months between June 2006, (burial and bereavement period of Mr. Rogers
and time to make repairs) through September 2006, and without considering
any property-related expenses or downtime due to lack of occupancy, the
Court will use the sum of $196,800 ($1,600 « 123 months) which means
each tenant in common suffered a loss of an additional $65,600 of rental
proceeds.!”? There has been no testimony that Patricia made any effort to
have the tenant(s) vacate the premises, neither did she pay rent to reside
upstairs
33. Therefore, the Court will set forth the following two options for partition
Because the properties cannot be partitioned by physical division without
great prejudice to the parties, the Court will grant the relief sought by
Plaintiffs, permitting them to purchase Patricia’s one-third interest. The
Plaintiffs have the right to exercise the first option of buying out Defendant
"7 In a partition action, a tenant in common who does not have actual possession of the property may compel a
cotenant in possession to account for rents and profits received from tenants on the presses. A nonpossessory tenant
also may make a claim for a share of the rental value of the premises occupied by a cotenant even without making
an express demand on the cotenant in possession to pay rent. 594 Am Jur § 138. While there is no evidence of an
ouster of Plaintiffs, Defendant's delay over a ten-year period clearly demonstrated her intent not to move into the
downstairs unit to generate significant rental income upstairs
Memorandum Opinion
Patricia Rogers’ interest within 120 days of the date of entry of judgment. The
Court will apply the 2016 appraisal values, for the purpose of buy-out
options. The Hospital Ground property was appraised at $300,000 and the
Wintberg property was appraised at $340,000. Therefore, Patricia’s interest in
Wintberg is $113,333.33 and $100,000 in Hospital Ground ($213,333.33)
Plaintiffs are entitled to a credit of $219,585.09, less Patricia’s proportionate
share owed by Ingrid. If Plaintiffs are unable to buy out Defendant Patricia
Rogers’ interest within 120 days, the Defendant, at the expiration of Plaintiffs’
120 days, has the right to buy out the Plaintiffs’ two-thirds interest at
$426,666, plus $219,585.09 within 120 days
34. If none of these options are viable, the Subject Properties will be sold by
referee pursuant Title 28 V.I.C. § 458. Once the properties are sold, the
proceeds of the sales shall be distributed in due order: (1) to pay its just
proportion of the general cost of the action (2) to pay the cost of the
reference (3) to pay to satisfy the mortgage liens, and other liens, in their
order of priority, by payment of the sums due and to become due
according to the judgment and (4) the residue among the owners of the
property sold, according to their respective shares and as illustrated
above
35. As provided by the mortgage documents for the Subject Properties,
recorded as Document No. 20050055481 and Document No. 2005012944
as established by paragraph 18 of both documents, if all or any part of the
property or any interest in the property is sold or transferred without
Lenders’ prior consent, Lender may require immediate payment in full of
all sums secured by this security instrument [mortgage instrument].!8
'§ Pl. trial Ex. 6 918, May31, 2005; Pl. trialex. 13 418, Dec. 13, 2005
Memorandum Opinion
Upon a sale, the parties are entitled as follows
a. Patricia is entitled to 33.333% from the net sales proceeds of both the
Wintberg and Hospital Ground properties
b. Ingrid is entitled to 33.333% from the net sales proceeds of both the
Wintberg and Hospital Ground properties
c. Michael Lewis, Jr. and Delon Tyrone Lewis are entitled to 50% each of
their mother’s share, therefore Michael is entitled to 16.67% and
Delon Tyrone Lewis is entitled to 16.67% of the net sales proceeds of
both the Wintberg and Hospital Ground properties
d. Patricia owes, as delineated above, the sum of EIGHTY-EIGHT
THOUSAND, NINE HUNDRED EIGHTY-FIVE DOLLARS AND NINE
CENTS ($88,985.09) to the cotenants
e. The additional sum of SIXTY-FIVE THOUSAND, SIX HUNDRED
DOLLARS ($65,600) is owed to Ingrid Rogers Lake and SIXTY-FIVE
THOUSAND, ONE HUNDRED DOLLARS ($65,100) is owed jointly to
Michael Lewis, Jr. and Delon Lewis. These sums represent the loss of
rental income over a 10% year period due Patricia’s failure to make
the upstairs unit available to be rented
f. Ingrid owes, as delineated above, the sum of SEVEN THOUSAND,
TWO HUNDRED FORTY-ONE DOLLARS AND THIRTY-THREE
CENTS ($7,241.33) to the cotenants
36. Ingrid’s credit card debt of $3,776.57 and First Bank loan of $14,441.94
for a total of $18,218.51, will not be included in offsets. Those debts
result in a wash of the $95,000 loan that was taken out on Hospital
Ground as there is no evidence as to how Patricia or Sandra spent those
monies. Also, the parties agreed that both mortgages will be paid from
the rental income, therefore, those debts have become a non-issue. Any net
sales proceeds shall be divided equally into one-thirds
Cc. Conclusion
WHEREFORE, pursuant to these Findings of Fact and Conclusions of
Memorandum Opinion
Law, judgment is entered in favor of the Plaintiffs. Plaintiffs have prevailed by
establishing that in 2006 there was a mutual agreement amongst the parties
that Defendant would rent the Subject Properties, collect the rental income,
pay both mortgages, pay expenses for upkeep and maintenance, and distribute
the net income equally amongst the three siblings. This is consistent with the
actual deeds of gift both dated April 7, 2006, where each sister possesses an
equal undivided one-third interest in each property
Based on the testimony adduced at trial, the Court finds Defendant
Rogers reneged on her agreement to reside downstairs, rent out the upstairs
portion of the Wintberg property, and to provide an accounting and to equally
distribute net rental income. The Court finds greater credibility in Medina
Rogers’ testimony when she testified Patricia stated it was her (Patricia’s) turn
to live free. (Dec. 5, 2016, Trans. pp.25, 27; Dec. 1, 2016, Trans. 140). This
supports Patricia’s displeasure, as she testified to, upon learning that her
father had conveyed the Wintberg property to Ingrid, unbeknownst to her
The Court finds that Andrew Rogers defaulted on his mortgage payments,
and facing foreclosure on the Wintberg property, he solicited the assistance of
Ingrid. Had it not been for Ingrid’s help in securing a loan to save the property,
the family risked losing Wintberg. Had they lost the property there would be no
rental income to collect, neither would Patricia have been able to freely reside
in the upstairs unit. Although Patricia maintained the properties, procured the
services of contractors/repairmen, and collected the rent, she failed to account
for and equally share the remaining income with her sisters. The Court
believes the parents intended for all three siblings, to share and share equally
in the net income of both properties. This was also echoed by their mother,
Medina Rogers, as she repeatedly testified to her efforts to have the sisters pay
down on the mortgages as quickly as possible to get rid of debt
There is nothing on the record to suggest that Patricia would be
Memorandum Opinion
compensated for her time and effort, or that she is entitled to live freely in the
largest income-producing unit, or the co-tenants were willing to forgo their
proportionate shares of distribution. If she needed assistance, Defendant
could have voiced her concerns and let the parties come to an alternative
agreement
Defendant has utterly failed to account to the cotenants and provide their
entitled distributions, despite an equitable duty to convey their respective
shares. The Court rejects Defendant’s argument that there was no money
remaining in the property management account, after all expenses were paid
each month such that there was never any net income available for
distribution. This Court sits in equity therefore, it is unreasonable for
Defendant to seek a set-off of $18,218.51 plus interest, from Ingrid Rogers
Lake when for years and without a conscience, income was collected and
nothing was distributed to the Plaintiff responsible for saving the very
property that Patricia Rogers is living in freely from foreclosure. Twice,
property management bank accounts were opened only to be immediately
closed by Patricia or have little activity; and all monies collected to be
deposited into her personal accounts. The doctrine of in pari delicto precludes
a party from seeking relief with unclean hands
Hence, Plaintiffs are entitled to a constructive trust and their fair share
of the net rental proceeds as shown above due to the unjust enrichment of the
Defendant. A Judgment of even date mpanies this Opinion
Corb bee 5,000 Reagan Renée Gimbs Carty
ATTEST Senior Hitting Judge
Tamara Charles Superior Court of the Virgin Islands
Clerk of Co
By bee)
AP\ Court Clerke Supervisor 10/3 any
IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS
District of St. Thomas/St. John
MICHAEL JR. LEWIS and INGRID Case Number: ST-2009-CV-00375
ROGERS-LAKE Action: Partition And Quiet Title
Plaintiffs
v.
PATRICIA M. ROGERS FIRSTBANK
PUERTO RICO and LAURENT LAKE,
Defendants.
NOTICE of ENTRY
of
MEMORANDUM OPINION AND JUDGMENT
To: Stylish Willis, Esq (via email) Carol Ann Rich, Esq (via email)
Judith L. Bourne, Esq (via email)
Please take notice that on October 31, 2024
a(n) MEMORANDUM OPINION AND JUDGMENT
dated October 31, 2024 was/were entered
by the Clerk in the above-titled matter.
Dated: October 31, 2024 Tamara Charles
Clerk of the Court
By:
Nicole Smith
Court Clerk II