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, January 10, 2017
Unit Owners In Failed Florida Condominium Fight To Save Their Homes As Bulk-Apartment Investor Seeks To Legally Squeeze Them Out & Convert Complex Into A Rental Building
In Tampa, Florida, the Tampa Bay Times reports:
Built in what could become one of Tampa Bay's most dynamic neighborhoods, The Slade At Channelside condominiums boast an eclectic mix of unit owners.
There's Brandon McArthur, a baseball scout for the Los Angeles Angels. And Anthony Arzola, a medical devices salesman. And Damon Mathis, a colonel in the U.S. Army.
They and many others bought in The Slade — paying more than $200,000 for their units — because they liked its sleek look, its wide range of amenities and its location in a prime area poised for massive redevelopment.
But they are fighting what could be a losing battle to keep their homes.
A St. Petersburg-based company, Slade Owner LLC, has acquired more than 85 percent of the units and wants to make The Slade rental only. It already is leasing out the units it owns and needs to acquire only a few more to achieve its goal.
To that end, the holdouts charge, Slade Owner is trying to bully them into selling. They say the company arbitrarily reassigned long-held parking spots and has slapped them with assessments, demanding quick payment in full. And they say it has threatened them with the possibility of more assessments unless they accept what they call "ridiculously'' low offers to sell.
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In 2011, a South Florida company bought more than 200 units at a foreclosure auction, rented them out, then sold them last year to Slade Owner LLC for $40 million, records show.
Slade Owner has continued to buy individually owned units, including two in November. It easily meets the 80 percent ownership requirement but [those] who don't want to sell still make up more than 10 percent of the ownership — enough to block termination of the condominium association though just barely.
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In response to the unintended effects of [a] 2007 law, the Legislature passed another law last year that increased protections for condo owners facing the forced sale of their units. Among them: Homesteaded owners who bought from the developer must be reimbursed for the price they originally paid, while owners who bought later must be paid the fair market value of their units.
In a case involving a South Florida condominium, though, Florida's Third District Court of Appeal issued a ruling in November that could embolden some bulk owners to ignore the new law's protections for owners who don't want to sell. That worries The Slade holdouts, who have hired an attorney and plan to keep on fighting.
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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