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.
Wednesday, May 25, 2016
Elderly Home Hijacking Victim's $1 Million Lawsuit Accusing NYC Officials With Improperly Accepting Forged Deed From Convicted Felon For Recording Gets Heave-Ho
In Jamaica, Queens, the New York Post reports:
An elderly Manhattan woman whose family home was allegedly stolen by a scheming squattercannot sue the City nor the City Registrar’s Office for damages, a Queens judge ruled Friday.
Supreme Court Justice Kevin Kerrigan ordered that Jennifer Merin, 72, must drop her nearly $1M actions because the City Registrar has no obligation and “no authority” under New York law to ensure the deeds it accepts are legitimate.
Merin filed suit in April 2015 seeking nearly $600,000 from the City for negligence, plus $400,000 in property cost after ex-con Darrell Beatty broke into the family home, changed the locks, and filed a forged deed with the City.
“[The city] was negligent in the way in which they allowed the deed to be registered,” she bitterly told The Post after filing suit. “There was no indication that any of those signatures were related to my family or the property.”
Merin sued to cover the legal fees she poured into attempting to evict Beatty, as well as the damage he’d done to the home.
The Laurelton 1930 Tudor was left to Merin when her mother died.
The 72-year-old, who lives on the Upper West Side, was using the property to store heirlooms, but realized something was amiss when water bills spiked in May 2014.
When cops refused to throw-out Beatty — a convicted armed robber — Merin took the battle to Surrogates Court, where she was named as administrator of the estate and transferred the title to herself.
Beatty was indicted on charges of grand larceny in Sept. 2015, but moved back into Merin’s house after he got out on bail.
While she eventually had Beatty evicted in Civil Court, the criminal case against him is still pending.
In his decision, Kerrigan said the clerks’ only responsibilities are “the deed be acknowledged and that the recording fees are paid.” “The recording clerk has no authority to look beyond the instrument that is being presented for recording,” he wrote.
Merin could not be immediately reached for comment.
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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