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, February 15, 2017
Utah Couple's Brand New Million Dollar Dream Home Turns Into Nightmare As Retaining Wall Failure Triggers Slow Slide Down Hillside; Insurer Says Homeowners Aren't Covered, Homebuilder, City Deny Responsibility, Mortgage Lender Begins Foreclosure On Now-Vacated Premises
In Ogden, Utah, KSL-TV Channel 5 reports:
Bennett and Kassie Thurgood's nearly $1 million home came with million-dollar views. "We just love the area," Bennett Thurgood said [], gazing out from the back porch of his now empty "dream home" on Hampton Ridge Drive in Ogden.
The house was supposed to be the last stop for the Thurgood family.
"We could retire here and let our kids go to junior high and high school here," Bennett Thurgood said. "(Prior to building) we had the land surveyed, the soil tested, and we relied on the city to inspect it."
They enjoyed five months in the house before they first noticed the cracks.
"I basically had a panic attack," Bennett Thurgood said.
Then, the retention wall below their home failed. In October, fearing for their safety, they moved out.
For the last three months, the Thurgoods have watched their home slip slowly down the hillside. While they've tried to get help from their insurance company, homebuilder, and city, they say all they got was a feeling of abandonment.
"It's an empty dream house," Bennett Thurgood said. "It's facing foreclosure. It's financial devastation. I mean, we lost everything."
His wife, Kassie, visited the site several times a week as the building progressed, but now she doesn't like to come near it. "I can't come up here," Kassie Thurgood said, fighting back the emotion in her voice. "It brings a lot of anxiety."
The couple turned to their insurance company, which "denied the claim because it's considered settlement," according to Bennett Thurgood.
"The city, the retention wall builder, the soil tester are all pointing fingers at each other," he said.
KSL News spoke by phone [] to representatives from the company that built the home. They said they did not build or guarantee the integrity of the retaining wall, and the city of Ogden approved their building permit.
"We feel like we did our due diligence and now we're here," Kassie Thurgood said. "We would just like our lives back," Bennett Thurgood said. "To be made whole, and be able to move on."
Moving on may not happen anytime soon. There is an ongoing legal battle between the homeowners, home builder and retaining wall company.
KSL News also reached out to the city to see of they're going to condemn the property and didn't hear back []. For now, the home sits empty and continues to move.
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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