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I am the new Pres. of a religious non-profit in AZ. The

Hello, I am...

Hello, I am the new Pres. of a religious non-profit in AZ. The previous Pres. and his wife the Secty, used x-#$ to improve 40 acres of land to use as a "church camp". They left the 501c3 organization and I have done the paper work to change the officers with the AZ Corp Comm. The 40 acres is up for sale and it is in their personal name. They will not discuss anything with us and it also looks like they have a Pay-pal account in the name of the religious non-profit and they may be getting funds throught that account. We feel they should return any amounts of money to the religious non-profit that they used to invest in their personal property but they will not discuss this. What to do? Silas Griffin

Lawyer's Assistant: Can you tell me where the nonprofit is registered?

This is the Southwest Indfian Missionary Association in Phoenix, AZ. Founded in 1945 by the Mendenhall Family who are all passed away. My wife and I had affiliated with SWIMA from 1985 into the 1990's. It is registered with the AZ Corp Comm as a religious non-profit. No one is salaried at this time. all volunteer under our admin.

Lawyer's Assistant: Has anything been officially filed? If so, what?

We have hired a certified Quicken Books accountant to balance the books and account for everything since Jan 1, 2017. Not sure about "filed".

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We are current with the IRS except for 4 quarters that the previous Pres and Secty didn't file for. Also clear with the State of AZ for any taxes, etc. Not sure what to do to make sure we don't run into problems over the use of funds for the improvement of private property now up for sale. The 40 acres here in AZ is in their name but has the residential address for the mission where they lived for 10 years or so.

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Answered in 42 minutes by:
11/22/2017
Andrew
Andrew, Lawyer
Category: Legal
Satisfied Customers: 214
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Hello I am a licensed practicing attorney with 20 years’ experience hopefully I can help with your problem. Please give me a moment to review and respond to your question.

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Sorry to hear about your difficulties. Probably need to hire an attorney immediately. If this is not an option I would file a notice of lis pendens on the property and follow this up with a lawsuit asking for an accounting of the funds used and paypal account etc.. The lis pendens will prevent the property from being sold to a third party which would complicate your situation even more. Discovery during your lawsuit would determine how the property got in their names, how there paypal account is being funded and whatever else you need to determine. Hope this helps. If you believe that embezzlement has occurred a lot of time these are attorney fees cases and you might be able to find an attorney to do that on this basis.

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