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.
Monday, July 25, 2016
Disabled Man, Parkinsons/Dementia -Stricken Father Face Boot From Brooklyn Home Of Nearly 50 Years After Aunt Allegedly Sells Brownstone Out From Under Them & Swindled Their Share Of $1.525 Million Proceeds; Currently Fighting Off Eviction Against New Owners While Battling To Reverse Fraudulent Sale
In Park Slope, Brooklyn, DNAInfo New York reports:
Developers are trying to kick an elderly man and his disabled son out of the Park Slope building they've lived in for nearly 50 years so they can renovate the property, court records show.
Lawyers for high-end housing specialists The Brooklyn Home Co. recently requested a court order to speed up eviction proceedings against Ernesto Bonilla, 79, and his son Ernesto J. Bonilla, 52, who's known as Junior.
The father and son, along with the younger Bonilla's girlfriend, live in a three-story 19th century rowhouse on Fifth Street between Fifth and Sixth avenues that the Bonilla family has occupied since the elder Bonilla's parents bought it in 1967.
The elder Bonilla, who worked as a dish washer at a restaurant and a factory worker in his younger days, now has Parkinson's disease and dementia and spends much of his time in the building's sunny third-floor apartment, where he was watching Spanish-language TV news on a recent visit.
"[Eviction] would be a psychological disaster for this gentleman, who has lived in the same place for over 40 years," said the Bonillas' attorney, Mayne Miller, referring to the elder Bonilla. "[Evictions] happen all the time but this is a particularly notable example because the father is old and ill and the son is disabled."
The younger Bonilla was a toddler when his family moved from 15th Street to the Fifth Street brick and brownstone building. He and his parents and grandparents lived there with other relatives and rented out one of the floors to tenants.
In 2015, unbeknownst to the father and son, an aunt who had lived in the Fifth Street house with them sold the building for $1.525 million to an LLC linked to Brooklyn Home Co. The Bonillas received no money from the sale, and the aunt left the state shortly afterward.
The Bonillas' three-bedroom apartment is rent-controlled, and the legal rent is $86.25 a month, according to the New York State Division of Housing and Community Renewal, which oversees rent-regulated units.
The Bonillas found out the property's new owners wanted them out last fall when they were mailed a copy of an application the new owners had filed with DHCR to start the eviction process.
Property owners have the right to kick out rent-controlled tenants if the owner plans to demolish the building, a process that requires DHCR approval.
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Miller says his clients have been subjected to harassment by the building's new owners. The cellar has been padlocked, and the Bonillas went without hot water for 12 days last winter, he said. The younger Bonilla documented both issues with complaints to the Department of Housing Preservation and Development.
The new owners have not given the Bonillas a lease or offered them money to leave, according to the younger Bonilla.
The father and son were awarded $26,000 last year after they took their aunt, with whom they had a contentious relationship, to court in a dispute that wasn't related to the new owners or the sale of the building. The younger Bonilla refused to accept the money, he said. He believes his aunt swindled him out of rightful ownership of the building, and fears accepting the money would damage his legal battle to regain ownership and reverse the 2015 sale.
The younger Bonilla said his father used to enjoy sitting in the backyard, but hasn't been able to since new owners took over the building last year and padlocked the door that gave them access to the yard.
Eighteen months ago the elder Bonilla could walk for blocks, but his health has gone downhill since the building changed hands — his son thinks it's because of the stress — and he uses a walker to get around now, his son said.
The younger Bonilla was once a computer systems engineer but can't work anymore because of health problems, including diabetes and asthma, he said.
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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