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.
Thursday, July 05, 2012
Foreclosing HOAs Peddling 'Temporary Titles' To Rent Skimming Landlords Create Confusion, Uncertainty For Unwitting Tenants
In Sarasota, Florida, the Sarasota Herald Tribune reports:
Two renters in Sarasota's Park View condo complex have gotten a rude surprise over the past few weeks. They discovered their landlord -- Michael Kell of Canton, Ohio -- does not have firm title to the units he has been renting them since September.
Kell bought the units from the Park View Condo Association, which had foreclosed on the former owners because they had not paid their association dues. Kell apparently made the purchases knowing the bank that provided loans for the former owners would some day foreclose and take possession of the units.
But his tenants say Kell did not say anything to them about a pending foreclosure.
***
An attorney representing the Park View Condominium Association said it is not uncommon for condo associations, which are owed condo dues, to take title to units through foreclosure.
Some of those associations then rent them to cover their overhead expenses and a few sell their temporary title to private investors like Kell for a few thousand dollars, and the private landlords rent them out until the the banks that are owed money foreclose on former owners.
"Everyone is taking a chance," said Kevin Edwards, an attorney with Becker & Poliakoff in Sarasota whose firm represents Park View. "But it usually takes a long time for the bank to complete the foreclosures."
The problem [...] is that Kell never notified [the tenants] that their lives could be disrupted. "If he had approached me and explained the situation, I would have nothing to complain about," [tenant Lucia] Reid said. "My goal was to stay here and buy something down the road. But I can't live here with the uncertainty."
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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