- 9 -
tain whether his proposal for obtaining funds from his brothers
was feasible as far as that bank was concerned. A mortgage
consultant employed by F&M Bank (F&M Bank mortgage consultant)
informed Mr. O’Malley that, under F&M Bank’s so-called seasoning
requirement, F&M Bank would decline to make any loans to his
brothers that were to be secured by lots 5 and 12, since those
lots did not exist before October 1999, when petitioners’ subdi-
vision plat created them. However, the F&M Bank mortgage consul-
tant advised Mr. O’Malley that if petitioners were to structure
as sales the respective transfers to his brothers of lots 5 and
12 pursuant to petitioners’ family subdivision agreement, F&M
Bank would be willing to make loans to those brothers and secure
any such loans by those respective lots.
In order to enable petitioners to obtain funds that they
needed, on December 2, 1999, petitioners executed a deed (Decem-
ber 2, 1999 deed) under which they transferred lot 5 to Kevin
O’Malley and his spouse Kelly O’Malley.6 That deed provided in
pertinent part:
WITNESSETH, That in consideration of the sum of THREE
HUNDRED EIGHTEEN THOUSAND DOLLARS and 00/100
($318,000.00),[7] which includes the amount of any out-
6Although Kelly O’Malley was a party to the December 2, 1999
transaction, her role as such is not material to a resolution of
the issues presented. When discussing the December 2, 1999
transaction, we shall for convenience refer only to Kevin O’Mal-
ley, and not to Kelly O’Malley.
7On Nov. 4, 1999, an appraiser signed an appraisal in which
(continued...)
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