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, March 30, 2013
Woman Who Failed To Search Public Records When Buying Mobile Home At Bankruptcy Auction Now Faces Boot After Foreclosure Of Undisclosed 1st Mortgage
In Polk City, Florida, The Ledger reports:
When Sharon Little moved to Polk City in 2005 from International Falls, Minn., she went from the freezer into the fire — in more ways than one.
Little, 60, was burned to the tune of about $40,000 in a convoluted 2010 real estate deal on a mobile home. She thought she was buying a mobile home and lot for $22,000. Instead she bought the home; property; and, unbeknownst to her, a $20,000 mortgage attached to it.
***
Little put about $18,000 into the home, mostly for improvements like new windows and doors, floor coverings and appliances. That figure includes about $1,600 for lawyers who tried to help her keep the place.
"This place was a real dump when I bought it," Little said. Now, it's an appealing home by most any standard. "If I can save one person from going through what I've gone through, then doing this story is worth it," she said.
Little has done everything she could to keep her home at 8926 Jericho Court in Polk City but now faces an April 6 eviction.
The main culprit: When she bought her mobile home and property in a bankruptcy sale in 2010 for $22,000 she didn't realize the $20,000 mortgage was attached to it. Her bid included a $2,000 premium.
Little didn't do a records search on the property or pay a company to do that, something that usually costs about $125, depending on the work required. "I'll never buy anything like this again for the rest of my life without doing a search," Little said.
***
When people mortgage a standard house they are required to buy title insurance. A title company searches the property for any encumbrances, and if it doesn't find any problems but one later surfaces, it becomes the responsibility of the title company, not the homebuyer.
But mobile homes in Florida are treated like cars, not houses. The title to a mobile home comes from the state Department of Highway Safety and Motor Vehicles.
***
In 2010, she saw a woman leaving the vacant mobile home next door. Little said she asked the woman whether the house and property was for sale and was told it was in a bankruptcy proceeding.
When she bid on it and won at an auction, Little got a quit-claim deed for the property but never got a title for the mobile home. The quit-claim deed contained warning — oft repeated at other points in Little's purchase process — that said: The property is "subject to all liens and encumbrances, if any."
She said she had no clue what she'd really bought until four months after the auction when she tried to pay her 2010 property taxes but discovered they'd already been paid by Bank of America.
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