More information about RHONY star Bethenny Frankel’s nasty divorce from Jason Hoppy are coming to light. It’s no secret that the former couple has been at war over their Tribeca apartment, and now a new report claims Hoppy â€œdupedâ€ Frankel into signing the documents that have allowed him to stay in their apartment and someone may have even forged her signature!
The purchase of the apartment in 2011 was made through a trust, but according to court documents, Frankel â€œclaims that she executed the trust agreement without understanding it. Specifically, she claims that when she signed, she believed, based on her communication with her husband, that the trust â€˜was only to maintain privacy given her public recognition and that [the husband] would only be managing the property for her benefit.’â€
â€œShe never read the trust agreement before signing it, and does not recall ever being shown any part of it except for the signature page,â€ the documents, obtained by RadarOnline state.
â€œIt is also undisputed that neither [Bethenny], [Jason], nor the trustee was ever present in the officeâ€ of the attorney who allegedly witnessed their signatures on the trust agreement, according to the documents, and none of them had ever met him before the agreement was signed either. Other documents signed by Frankel and Hoppy as part of the purchase are â€œunenforceable and invalid,â€ the papers claim, and Hoppyâ€™s own mother is to blame.
Jason’s mom is a notary in Pennsylvania, and her stamp and signature appear on some of the signing documents. However, the documents state â€œthat she is a â€˜notary public in and for the State of New York,’â€ which is not true. Frankel â€œclaims, and [Hoppy] does not deny, that neither partyâ€ ever went to Pennsylvania to sign the forms.
So Frankel â€œquestions whether the signature purporting to be hers â€¦ is in fact hers at all, [a claim which] Jason does not denyâ€¦â€
The purchase of the apartment was funded by a loan in the amount of $2,300,000 and by approximately $2,700,000 from an account in Frankelâ€™s name. Frankel claims that she took out the loan. On November 28th, 2011, Hoppy was appointed sole successor trustee of the trust â€” for privacy reasons, Frankel says she believed. Now that theyâ€™ve split, however, that means he gets to stay there.
Bethenny insisted in court papers that Jason â€œduped her into executing the trust agreement, in order to make the apartment joint property under the prenuptial.â€ She â€œalleges that the apartment was purchased with her separate property, and seeks an award of the apartment to her on that basis.â€
On May 4th, the judge ruled that â€œit is undisputed that the signatures of the parties â€¦ were not acknowledged in the presence of the person claiming to have acknowledged those signatures. It is also undisputed that the power of attorneys were not even signed in the state where the notary public was credentialed, Pennsylvania.â€
â€œContrary to [Jasonâ€™s] argument,â€ the judge said, â€œthe trust agreement is a matrimonial agreement, since it was made between spouses and purports to govern property ownership as between them. Accordingly the trust agreement is subject to strict formality requirements.â€
â€œWhere no valid trust was created by reason of failure to comply with the formalities â€¦ any transfer into or out of the putative trust is null and void. Accordingly the transfer of the apartment into the trust was null and void.â€
â€œThe deed must be reformed in order to reflect the proper identity of the purchase, since the trust never existed, and cannot therefore have taken title to the apartment.â€
Looks like this means Bethenny and Jason will be spending a lot more time and money in court.
Photo Credit: Bravo