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.
Saturday, December 01, 2012
Financially Strapped Homeowner Accused Of Torching Home In Foreclosure Scores Acquittal
In York, South Carolina, The Herald reports:
Carrying a wash basin of court and bank documents, a Rock Hill woman accused of setting her family home on fire told prosecutors it would’ve been “stupid” for her to start the blaze that incinerated the top half of a house she paid thousands of dollars to remodel.
A judge agreed.
After a two-day bench trial in a York County courtroom, Eighth Circuit Court Judge Frank R. Addy on Tuesday ruled that Charlotte Ann Smith, 63, was not guilty of burning $125,000 worth of a house she owned at 4986 Mount Gallant Road.
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Prosecutors argued Smith set the fire two years after the primary mortgage-holder, Bank of America, placed the house in foreclosure and opted to give the house to a receiver, possibly limiting Smith’s access to the property and rental money.
Rebecca McNerney, one of two 16th Circuit assistant solicitors prosecuting the case, said Smith burned the house a week before she was scheduled to appear in court to hear motions for the receivership.
“We find that to be a strange coincidence,” said Christopher Epting, the other assistant solicitor who prosecuted Smith.
York County Sheriff’s Detective Johnny Martin said Smith admitted to buying several gallons of gasoline that she put in a bathtub in the house to burn tree limbs before a planned house inspection.
Fire officials on Monday testified that they evacuated the house when burning embers collapsed on them. After the flames were doused, investigators found buckets of gasoline “strategically” placed throughout the house, along with bags of sticks, McNerney said.
In other buckets, they found gasoline-soaked bank and court documents addressed to Smith from both her property lenders, Bank of America and Guardian Fidelity, she said. They found similar documents at the house where Smith lived, along with a matchbook missing some of its matches.
On the stand, Smith said she spent more than $16,000 to remodel her parents’ home with plans to move into the apartment herself. “I never thought my home would burn,” she said.
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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