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.
Friday, August 28, 2015
Closing Agent Misses $86K+ Water Lien, Leaving Recent Homebuyer Without H2O; Title Company Owner Agrees To Put Up Family Of Five In Local Motel Until Mess Is Cleared Up
In Forney, Texas, WFAA-TV Channel 8 reports:
A family of five is living without water inside their new home after the title company missed a huge lien against the property before they bought it. "One day without water, OK. But we're going on day four now," said Chris Smith, homeowner.
Kaufman County Municipal Utility District No. 6 initially started new service for the Smiths, but realized a lien existed on the property, shut off their water this week and even took the meter out of the ground.
"I said 'how much is the lien?' I'm thinking maybe a few hundred dollars, I'll pay it and try to figure it out," Smith said, recalling his visit to the water department.
The amount is astounding. "$86,000? That can't be right," said Rossana Smith, Chris's wife. "It seems so impossible." The lien is for $86,438.62 – much of it is late fees and penalties over the last three years from the previous owners.
The home was a foreclosure. The Smiths bought it at auction this summer. But the biggest question remains for the title company.
Heartland Title in Southlake did the title work for the transaction. The lien was filed in June. The Smith's closed in August. How did Heartland Title miss that?
Matthew Farris, the CEO of Heartland Title, would not interview with News 8 for this story. But he said he is still looking into what went wrong. Farris also called that $86,000 lien by the utility company excessive and said he asked the utility to resume service during his internal investigation.
Farris also agreed to put the Smith family up in a local motel until everything gets worked out.
Chris uses a five-gallon bucket and a neighbor's hose to get water across the street to his house. "We really try to use paper plates, cups and stuff so we don't have to do this," said Rossana as she scooped out water to wash dishes.
They use the buckets to fill up toilets and empty Ozarka bottles are everywhere.
The Smiths paid $1,324 for a title insurance policy to protect them against just such a scenario. But they're still awaiting it to pay off so they can settle in.
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