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, November 24, 2015
Washington Post To D.C. City Council: You Did Wrong! Now Do Right & Quit Fighting Class Action Lawsuit & Compensate Ex-Homeowners Who Got Screwed Out Of Their Home Equity By Your Abusive Tax Lien System
From an editorial in The Washington Post:
D.C. OFFICIALS wasted no time in reforming the city’s tax collection system in the wake of an exposé detailing abuses that resulted in people losing their homes. Clearly, they knew they were in the wrong — and yet they still refuse to compensate the people they victimized. Instead of spending taxpayer dollars on a court fight, city officials should explore ways to settle the claims of vulnerable residents who were taken advantage of by an unfair system.
An investigation by Post reporters in 2013 revealed that the city’s tax lien system for collecting delinquent taxes resulted in disastrous consequences for residents vulnerable because of their age or mental capacity. Residents who owed even small sums in property taxes lost their homes altogether through foreclosure by private investors who had purchased property liens imposed by the city. Among those featured was Benjamin Coleman, a 76-year-old retired Marine sergeant who suffered from dementia and was turned out of his home after he neglected to pay a $133.88 property- tax bill.
After the Post series, the D.C. Council put safeguards in place , but they are no help to Mr. Coleman. He lost his home and all the equity he had poured into it to a private investor who resold it for a big profit; Mr. Coleman now lives in a group home.
A class-action lawsuit seeking redress for him and about 30 similarly affected residents has been filed in U.S. district court. The D.C. attorney general’s office is vigorously fighting the suit, arguing unsuccessfully for summary dismissal. The District contends that the constitutional bar against unlawful taking doesn’t apply in the lien cases because home equity is not really property, and these residents forfeited their rights when they failed to pay taxes.
“Doubling down on the dispossessed” was the apt characterization of this position in a recent essay in The Post’s Local Opinions section. A spokesman for D.C. Attorney General Karl A. Racine stressed that his office’s job is to protect the interests of the city, which could be on the hook for millions of dollars if the unfortunate former homeowners prevail. But surely it’s also his job to do the right thing. We urge Mr. Racine to reassess decisions about this suit and consult with the mayor and D.C. Council about how to compensate these residents for their losses.
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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