All what you say is correct seen from the outside.
The issue here are :
1. S is accusing of fraud both my wife and her brother, non-party. Even if he was right in his accusation of fraud, his letter is a threat, and is a fraud by itself. S can sue but he can't threat.
2. that S as a lawyer has checked the property record at the Municipality, and so he is aware that the real owner is my wife's brother.
The quitclaim does not warrant ownership neither way, it is subject to cancellation by third parties who claim valid rights and does not require the consent of the beneficiary of the transfer of ownership.
J ( the brother ) has quitclaimed to his sister Y because he was undergoing major hospitalization in a life and death condition ( diabete).
They amputated his leg and could buy him some more time that way.
The house is being rented as vacation rental intermittently, which pays the bills, and Y is taking care of this. Her brother has major disabilities.
Here, more particularly, by quitclaiming back, my wife has affirmed that she does not intend to be the legal owner any further after her brother was rescued and the lender who has a mortgage on the property was requiring so.
3. S. a lawyer specialized in real estate, he cannot ignore that the second quitclaim just voids the first.
4. In august 2011 my wife had been dismissed as Defendant from the lawsuit.
His letter of threat is fraudulent as per FL Statutes and the threat is fabricated and malicious, which aggravates the situation.
The only logical explanation is that it is preceding his offer of settlement
So it is inducing to settle fraudulently.
What is the link in between the offer of settlement and the motion for attorney's fees ?
The link is FLORIDA STATUTES §786.79
a party has the right to attorneys' fees when the following prerequisites have been fulfilled: (1) a party has served an demand for judgment upon the opposing counsel and party; and (2) the serving party has recovered a judgment at least 25% greater than the offer.
My view is that the demand for judgment is fraudulent as it was served under illegal threat to induce Y to accept indirectly. (?)
( note: this is not the only reason why it's nil, but let's focus on that one)
Here is the letter of threat to the brother, same as to my wife:
Dear Mr. J:
This Office represents PLAINTIFF in the ab ove referenced lawsuit pending in Florida against your sister and brother-in law. In August 2011, SISTER transferred the above referenced property to your name, individually. Since your sister is a party to an ongoing lawsuit which began in June of 2011, the transfer of the property to you will be deemed a fraudulent transfer pursuant to Florida and Connecticut law.
Pursuant to Florida Statutes §726.108(2) "If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or
its proceeds." As such you may be subject to a lawsuit in the event you attempt to sell the property.
Here is the law :
836.05 Threats; extortion.— Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously
threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity
with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will,
shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
CONCLUSION : as i see it, there are 3 remedies here:
a) Object to the order granting the motion for attorney's fees on basis that the offer of judgment was formulated under a threat
b) Include this in my upcoming motion Rule 1.540 as fraud upon the court
c) any other typical remedy that I don't know of and you may inform me about