Thursday, April 10, 2008

Broker Intimidation Used To Illegally Harass Tenants Out Of Foreclosed Homes, Says Oakland Lawsuit

In Northern California, The Oakland Tribune reports:
  • The city of Oakland filed suit Monday in Superior Court against [Walnut Creek's Tri-County Properties licensed real estate broker Craig] Jarvis, accusing him of forcing tenants from foreclosed properties through intimidation and harassment. Oakland City Attorney John A. Russo said Jarvis' citing of the Civil Code was bogus while the City's Just Cause Ordinance expressly forbids eviction of tenants from a property that has been foreclosed. Jarvis could not be reached for comment. The attendant who answered his phone said he was "in court on eviction hearings."

***

  • Russo estimated at least 10 families were treated in similar ways. He said the bigger concern, however, is how many other real estate brokers are doing the same thing — pushing tenants out so lenders can dispose of their foreclosed properties more quickly. "This is the worst type of bottom feeding," from which real estate and mortgage brokers and banks win tremendous profits, said Russo.

  • The suit accused Tri-City Properties of engaging in practices that put honest practitioners at a competitive disadvantage. It cited Jarvis' violations including intimidating tenants to take paltry "cash for keys" offers that do not reflect the actual cost of the move for the tenant; turning off tenants' heat and electricity; refusing to return tenants' phone calls in reply to notices to vacate; refusing requests for information about the foreclosure or the identity of the new property owner; claiming to have instituted eviction proceedings against the tenant or threatening to do so if they do not comply with his demands; and citing incorrect legal authority to lend an aura of legitimacy to his demands.

  • Russo urged Oakland tenants so threatened as well as homeowners who risk foreclosure to call the Oakland City Attorney's hot line: 510-BE-ALERT or 510-232-5378.

For more, see Suit: Broker harassing Oakland tenants (City alleges 10 families may have been intimidated) (if link expires, try here).

See also, San Francisco Chronicle: Oakland sues landlord, claims illegal evictions.

Go here for posts on illegal evictions in violation of the "just cause" ordinance (Prop EE).