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.
Tuesday, March 26, 2013
Outfit Using 'Dubious Deeds' To Snatch Vacant Homes In Foreclosure & Rent Them Out Runs Wild In Miami; Cops To Two Complaining Homeowners: Take A Hike, No Crime Here - It's A Civil Matter!
In Miami, Florida, the Miami Herald reports:
Scavenging the remnants of South Florida’s housing crisis, a partnership called Presscott Rosche appeared to gobble up almost three dozen foreclosed homes in Miami-Dade County last year. The company is currently listed as the owner of 12 homes worth about $3.5 million, according to the Miami-Dade property appraiser.
But this seemingly thriving business is, in many ways, an illusion. The name of the company’s agent listed in state records is fake. So are many of the deeds the company has filed in Miami-Dade Circuit Court to stake its claim to more than 30 houses and condos, a Miami Herald investigation has found.
The company has gained control of these homes — renting them out to unsuspecting tenants, in some cases — by filing dubious deeds and documents filled with legal-sounding jargon and shoddy punctuation. The author of many of these documents calls himself an “attorney in fact,” though he is not, in fact, a licensed attorney in Florida.
“I never saw anything like that. It wasn’t even spelled right,” said Shelley Hallen, an actual attorney who beat back Presscott Rosche’s efforts to evict four college students from a Coral Gables house last fall.
“They’re brazen,” said Frank Lopez, who says he found three people from Presscott Rosche inside a $700,000 Kendall house he owns. “They forged my signature, forged my wife’s signature.”
Despite complaints about the company, Presscott Rosche has managed to vex police and prosecutors: A Presscott Rosche associate was arrested for burglary in November for allegedly breaking into a vacant home, yet Miami-Dade prosecutors dropped the case, saying they couldn’t prove the man didn’t have permission to use the house.
Miami-Dade police detectives are continuing to investigate the company for possible fraud, The Herald has learned. Presscott Rosche representatives declined to comment or could not be reached.
Presscott Rosche has primarily targeted homes in the legal limbo of foreclosure — homes vacated by their owners, and left untended by the lenders holding mortgages on the houses. In Miami-Dade County, more than 6,200 residences are now owned by banks, with thousands more left abandoned by their owners — and vulnerable to squatters.
The squatter problem is not unique to Miami-Dade. In the past year, at least two people have been arrested in Broward County for trying to take homes with forged deeds. A Sarasota couple were charged with real-estate fraud last week.
The drawn-out foreclosure process often makes it difficult for police or city inspectors to determine who owns a property. It can also lead to disputes over ownership that police are ill-equipped to handle.
Two property owners told The Herald they complained to police about Presscott Rosche, but officers said the dispute was a civil, not criminal, matter.
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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