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, November 01, 2015
Homeowner Loses His Attached Garage In Tax Foreclosure Auction Despite Never Missing Any Payments; Property Purchase Seven Years Earlier Failed To Include Staked Survey w/ Title Insurance, Which Would Have Revealed That Home, Garage Sat On Separate Lots & That He Never Actually Bought The Garage In The First Place
In Westland, Michigan, WJBK-TV Channel 2 reports:
It's one of the strangest foreclosure cases you will ever see. A homeowner in Westland, Mich. discovers his attached garage is not considered his property. In fact, the garage was just sold to someone else at an auction.
A three bedroom, two bath, house with an attached garage - Aaron Dehetre looked at this place and said, sold. "I loved it, I was like 21 years old, it was the first house I bought," he says.
But seven years after he closed on the house Aaron got a strange phone call from his neighbor.
"My neighbor called me and said there was a foreclosure notice on my door," Dehetre says. "I had a foreclosure notice on the garage door. I started calling my bank, the city, the county."
Aaron never missed a mortgage payment; taxes were included. But what he didn't know? He didn't buy the attached garage seven years earlier because someone else owned it - as well as half the breezeway.
"I would have to go to the county if I lose the garage," he says. "Somehow get a building permit to rip a hole between the two buildings to separate [the garage and the house]."
Aaron's garage sold this week at the county auction for $1,500. Dehetre learned his property line runs through his front lawn between the window and the door of the breezeway and that property line runs right through the back yard.
So what happened? Well, two things. The house was built in 1942 and neighbors remember a dying family member and survivors chose to split the garage off.
But another key when he bought the house, he did not order a staked survey with engineers to stake out and survey the property lines.
All Wayne County knew was they had a Westland garage owner not paying taxes.
"I have an attached garage right here," says David Szymanski, Wayne County treasurer. "But my attached garage sits on one parcel of land. Sometimes an attached garage will sit on two parcels of land and that is where you get down to the statement buyer beware. Do your due diligence. Trust but verify.
"When you purchase something, know what you are purchasing. In this situation he didn't get a staked survey done to tell him exactly what he is getting." The Wayne County Treasurer's office says they will review this property and the garage sale.
Aaron called the title company he used when he bought the house. "They said they are only responsible for the lot number they were given," Dehetre says. "The one under the house. And I didn't request a staked survey but at 21 I didn't know to ask for a staked survey."
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