Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports & other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
Friday, June 22, 2012
Mobile Home Dealer Pockets Customer Cash, Then Fails To Deliver To Some, Sells Damaged, Mold-Vulnerable Houses To Others, Says NC AG
From the Office of the North Carolina Attorney General:
A Robeson County manufactured home dealer cannot take new orders or accept payments until all previous orders have been filled or consumers have gotten their money back, Attorney General Roy Cooper announced [].
“Consumers deserve to be treated fairly when they buy a home, and they deserve homes that are safe to live in,” Cooper said. “People should get what they paid for and receive a refund if they don’t.”
Cooper filed suit [...] against McMillian Properties of Shannon and its manager, Bradley McMillian, for a variety of violations including taking consumers’ money but failing to deliver homes as promised and selling damaged homes that were virtually uninhabitable. He is seeking a permanent ban on the defendants’ unfair business practices, refunds for consumers, and civil penalties.
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As alleged in the Attorney General’s complaint, McMillian Properties regularly misled consumers about the condition of the homes it sold. Many of the homes were unfit to live in due to mold and structural problems. When consumers complained, the company promised to make repairs but failed to keep their promises.
Cooper contends that some consumers never even received their homes from McMillian Properties, despite having paid for them. Instead, the company offered excuses about why the home couldn’t be delivered, and refused to provide refunds.
For example, as explained in an affidavit filed with the complaint, one 93-year-old woman paid McMillian Properties $25,000 for a manufactured home so that she could move out of an assisted living facility. The home was supposed to be delivered by February 1 but Bradley McMillian repeatedly told the woman’s neighbors, who were helping her make the purchase, that it was delayed due to bad weather and other excuses. In their final conversation, McMillian claimed that he was about to leave to pick up the home. The callers were outside and could see that McMillian and his equipment never left to go get the home.
CBC News: Betrayal of Trust (A CBC investigation reveals how lawyers across Canada have misappropriated and mishandled clients money, to the tune of tens of millions of dollars, or sometimes even charging vulnerable people top dollar for shoddy services)
Land Contract/Contract For Deed/Rent-To-Own Rackets
The New York Times: The Housing Trap (In the wake of the housing crisis, low-income families have turned to seller financing to buy homes but these deals can be a money trap)
Beware The Fine Print: Consumers Forced To Sign Away Their Rights To Use Court System
The NY Times: Arbitration Everywhere, Stacking the Deck of Justice(Part 1 in series examining how clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court)
Foreclosure Mills' Abysmal Record In Complying With New NYS Foreclosure Requirements
Justice Deceived: How Large Foreclosure Firms Subvert State Regulations Protecting Homeowners
MFY Legal Services Report On Questionable Practices By Process Servers In Debt Collection Cases
Justice Disserved: A Preliminary Analysis of the Exceptionally
Low Appearance Rate by Defendants in Lawsuits Filed in the Civil Court of the City of New York
Mortgage Mess Redux: Robo-Signers Return (A Reuters investigation finds that many banks are still employing the controversial foreclosure practices that sparked a major outcry last year)
CNN Video: As Foreclosures Mount, Florida Court Turns To 'Rocket Docket'
The Wall Street Journal: A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases (2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge)
"Produce The Note" Strategy When Dealing With Missing Promissory Notes In Foreclosure Actions
ABC Video: Fighting Against Foreclosure (Some homeowners have found a new tactic to keep the banks at bay)
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