Ferguson
Ferguson v. Yaspan CA2/2
Opinion
Opinion
Hoffstadt, J.
— Allyn Ferguson (Allyn) and his wife, plaintiff Joline Ferguson (Joline), (collectively, the Fergusons) offered to sell to their attorney, defendant Robert M. Yaspan (Yaspan), and his wife (collectively, the Yaspans) an interest in a London flat they owned. At Yaspan’s suggestion, the Fergusons hired independent counsel and the parties exchanged five drafts before signing a written agreement in 1995. The trial court concluded that Joline’s 2011 petition to set aside the agreement as a product of Yaspan’s undue influence was untimely and without merit. We agree, and affirm the judgment.
FACTS AND PROCEDURAL HISTORY
In the 1980’s, Allyn and Joline bought a flat in London overlooking Hyde Park for approximately $200,000, and put title to the property in the Wellington Trust (Trust).
In the early 1990’s, the Federal Deposit Insurance Corporation (FDIC) sought to collect $2 million from Allyn and three others who had guaranteed a loan made to a music school. Allyn hired Yaspan, an attorney, to represent him. The FDIC agreed to settle for $800,000, with $200,000 coming from each guarantor, but Allyn did not have that amount available. Allyn’s accountant, who was also one of…