Tuesday, October 13, 2009

Florida Judge Rejects Motion To Force Convicted Deed Theft Scammers To Sign Over Home Back To 92-Year Old Victim

In New Port Richey, Florida, The Suncoast News reports:
  • Eloise Mudway, 92, has waited nearly five years for the return of her house. On Friday, she learned she would have to wait at least two more weeks. Pasco Circuit Judge Shawn Crane declined to grant a motion that could have forced the couple convicted of stealing Mudway's house to deed it back to her. [...] Assistant State Attorney Mike Halkitis filed the motion last month after a jury found Joseph and Cynthia Clancy guilty of grand theft from a person over the age of 65. Evidence at trial showed the couple bilked Mudway into signing a document that transferred her 2,900-square-foot house to Cynthia Clancy. The house is valued at more than $350,000. The Clancys each face up to 30 years in prison when they are sentenced Oct. 22.

  • Halkitis said he plans to ask Crane to grant the motion again at the sentencing. If that fails, Mudway's best hope to regain her home could be a lawsuit she filed against the Clancys in 2005. A hearing in the civil case is scheduled for November.

For the story, see Pasco woman, 92, still waiting to reclaim home.