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.
Sunday, February 10, 2013
Convicted Felon Invokes Race Card In Failed Attempt To Dodge The Boot From Vacant Home He, Fiance Allegedly Hijacked; Bank-Stiffing Owner Didn't Realize Lender Never Filed Foreclosure, Leaving Him On Title
In Brighton, New York, WHAM-TV Channel 13 reports:
The family moved into 44 Meadow Drive last March. The ranch house, which had been vacant for two years, sits at the end of a cul de sac of modest single-family homes. “They mixed with us at first. They talked of the children being enrolled in our schools,” said neighbor Meg Northrop. “Why would we doubt that?”
Doubts set in when neighbors didn’t see any record of a sale in the newspaper. “We couldn’t figure out who they bought it from and how they bought it,” said Northrop. “They would show up, drop off a bunch of stuff and then we wouldn’t see them for days,” said neighbor Ann Vitale.
Neighbors contacted the home’s owner, William Good. He stopped paying his mortgage after he moved out. Good didn’t think he owned the property anymore, but neighbors discovered the bank had not started foreclosure proceedings. That meant Good was still in control of the property. He told neighbors he did not authorize anyone to live there.
Neighbors called police to report the family was trespassing. Police took a report, but did not make any arrests. Because the family had been living in the house for some time and claimed rights to the property, they were considered squatters under the law and had to be evicted in civil court. Good gave the neighbors permission to hire a lawyer to represent him in an eviction proceeding.
***
The Family
Santashia Reed and her fiancé, Christopher Newton, moved into 44 Meadow Dr. with four of Reed’s children. “This has nothing to do with squatting. This is pure discrimination,” said Reed. Reed and Newton believe the neighbors targeted them because they’re black. They said the neighbors called them the “N” word and sent them racist messages. “We’re honest people. I’ve never been in trouble before,” said Reed. “It’s just unfortunate that I was born the wrong skin color.”
Newton said he found the house by driving around. He knew it was vacant and researched its ownership. Newton said he called Good, who told him he didn’t want anything to do with the property. Newton said he contacted the bank holding the mortgage, which told him it couldn’t sell him the house because it had not started the foreclosure. Newton said he went back to Good, who gave him the keys and permission to move in. Newton said he had an understanding with the bank and Good he would buy the house when the bank took possession.
Why would Good give away his house? “He had already lost it,” said Newton. Newton admitted he put no money down, had nothing in writing and paid no taxes on the property.
“Based on my conversation with Mr. Good and with the bank, and seeing his interest in the property was basically nonexistent, there was no problem with it,” said Newton. “Had the neighbors just been neighbors, this conversation wouldn’t be happening.”
Newton served more than 10 years in state prison for robbery, burglary, criminal possession of a forged instrument and escape. Reed and Newton expressed anger Newton’s parole was violated after neighbors contacted police.
13WHAM News contacted Good. He said he’d never met Reed and Newton or gave them permission to move into his house. “That’s something they made up,” Good said. “They did their homework.” “They were pure squatters,” said Samuel Dispenza, Good’s attorney.
The Eviction
The court proceeding took several months. After considering evidence, including testimony from Reed and Good, a Brighton Town judge ordered the family evicted.
Sheriff’s deputies served the notice on Tuesday. The neighbors paid for a moving truck, locksmith and deputies, all required for an eviction.
The family had moved out the night before. The house was in shambles. Appliances were removed. There was a hole in the living room floor. Clothes and mattresses were scattered in rooms. Reed and Newton said they removed items they installed in the house.
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)
<< Home