The Home Equity Theft Reporter: Real Estate & Property Law

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Real Estate & Property Law

The Home Equity Theft Reporter

Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues.
By r morris

Post Frequency: 25.7/day

Last Entry: September 06, 2017 at 04:02:00

Active Duty Texan Returns Home To Find $300,000, Free & Clear Residence Sold Out From Under Him By HOA For $800

Posted on May 30, 2010
In Frisco, Texas, Mother Jones reports:Michael Clauer is a captain in the Army Reserve who commanded over 100 soldiers in Iraq. But while he was fighting for his country, a different kind of battle was brewing on the home front. Last September, Michael returned to Frisco, Texas, to find that his homeowners' association had foreclosed on his $300,000 house?and sold it for $3,500...

Retired Lawyer Summoned To Undo Bad Deed That Victimized Elderly Homeowner; Unwinds Home Title Ripoff, Forces Bank To Restore Cash From Drained Acct.

Posted on May 30, 2010
Buried at the end of a recent New York Law Journal story on the push to advance attorney pro bono efforts to represent the poor in civil cases is this excerpt on one retired lawyer became involved in the program:Roger Hawke, 74, began volunteering for Legal Aid in Brooklyn the day after he retired as a partner for Sidley Austin, for which he handled litigation worth billions of dollars...

NYS Chief Judge Continues Push For "Attorney Emeritus" Program To Bring Free Legal Help To Poor New Yorkers In Civil Cases

Posted on May 30, 2010
In New York City, the New York Law Journal reports:The New York court system has enlisted more than 120 retired lawyers since January to offer free legal advice and representation to poor New Yorkers in foreclosure, debt collection, housing, family and other civil cases -- the first of what could be "thousands" of attorney volunteers, Chief Judge Jonathan Lippman said last week...

Real Estate Conveyances From Clients To Their Attorneys Are "Presumptively Fraudulent" Unless Lawyer Can Prove Otherwise

Posted on May 30, 2010
An old court ruling of the Missouri Supreme Court may come in handy for those who have been ripped off of their real estate by their attorneys and are seeking to undo the bad acts.In this case, the client, Joseph, had suffered a stroke. Seven days before his death, Joseph executed a deed, presented by the attorney, conveying 275 acres of farmland, plus a 7/12ths interest in a 11...

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Pennsylvania AG Indicts Attorney In Alleged $550K+ Ripoff Of 90-Year Old Woman; Victim Gave Lawyer POA, Then Named Him Her Estate Executor

Posted on May 30, 2010
In Harrisburg, Pennsylvania, The Delaware County Daily Times reports:Agents from the attorney general's office [] arrested a Montgomery County attorney for stealing nearly $555,000 from an elderly woman and, after her death, from her estate. He allegedly used the money to refinance his North Carolina beach house and to pay his credit card debt, authorities said...

Texas Woman Unwittingly Buys Home Slated For Tear-Down; Sues Firm For Subsequent Demolition After Deal Reached w/ City To Halt Action Pending Repairs

Posted on May 29, 2010
In Jefferson County, Texas, The Southeast Texas Record reports:A Beaumont woman claims a demolition company razed a home she purchased despite an addendum ordering the company to refrain from such an action. Sandra Ledesma filed a lawsuit May 5 in Jefferson County District Court against Albert Dill doing business as Jay Dill Trucking...

Hawaii Condo Associations Feel Pinch From Non-Maintenance-Fee-Paying Owners; Some Use Utility Shut-Offs To Persuade Delinquents Into Coughing Up Cash

Posted on May 29, 2010
In Maui, Hawaii, The Maui News reports:Psst! Hey, buddy. Wanna buy a foreclosed condo in Wailea? One dollar! Believe it or not, it happens - but it can be a bad bargain. As more and more financially strapped apartment owners fall behind on their common area maintenance fees, condo associations find themselves feeling the pinch...

City Threatens "Drowning" Residents In 76-Unit South Florida Condo Complex With Water Shut-Off Followed By Eviction Over Unpaid Bill

Posted on May 29, 2010
In Margate, Florida, the South Florida Sun Sentinel reports:Dozens of residents at the Atlantic Palms condominium complex could be evicted from their homes within two weeks if they're unable to pay a city utility bill of more than $7,000. Margate officials say more than 60 of the 76 units at Atlantic Palms, [...

Hundreds Of Mobile Home Residents May Face The Boot As County Pulls Plug On Waste Water Treatment Services; Park Owner Silent On Plans

Posted on May 29, 2010
In Scott County, Illinois, WHBF-TV Channel 4 reports:Hundreds of Quad Citians may be forced to move as the future of one mobile home park is up in the air. For decades, Scott County has been treating the waste water at Lake Canyada Mobile Home Park. However in August that contract is up and the Scott County Conservation Department says it can't afford to cover the costs anymore...

Managing Agent Faces Seven Felony Charges In Alleged $30K Rental Ripoff From Two Landlord/Clients

Posted on May 29, 2010
In Shasta County, California, The Redding Searchlight reports:A former real estate agent accused of felony grand theft and conducting real estate business without a license pleaded not guilty last week during her arraignment in Shasta County Superior Court...

Use Of GPS Tracking Devices Announced In Battle Against Air Conditioner Snatchers Targeting Vacant, Foreclosed Homes

Posted on May 29, 2010
In Central Florida, Hernando Today reports:The Hernando County Sheriff's Office has reported an increase in the number of air-conditioning unit thefts in Royal Highlands. There have been three reports during the past three weeks, deputies said. Units of all sizes are being stolen and some parts also have been removed, according to a media release...

Air Conditioner Snatchers Target Vacant Foreclosed Homes For Quick Payday

Posted on May 29, 2010
In Avondale, Arizona, KNXV-TV Channel 15 reports:Thieves are causing thousands of dollars in damage to homes in foreclosure for a quick payday. "It's a Valley-wide problem," said Detective Reuben Gonzales with the Avondale Police Department.It's the theft of air conditioning units, and the latest incident happened in Avondale...

Property Seller Accused Of Allowing Would-Be Buyer To Take Possession Of "Ike-Damaged" Home & Make Repairs, Then Refusing To Transfer Title

Posted on May 28, 2010
In Jefferson County, Texas, The Southeast Texas Record reports:A Port Arthur man claims he cannot rent out property he rightfully owns because its former owner refuses to transfer the deed. Raymond McClain filed a lawsuit [...] against Linda Garrison...

"We Are Not Bound By State Borders!" Proclaims Indiana AG In Launching Attack On Alleged Ohio-Based Loan Modification Racket

Posted on May 28, 2010
In Fort Wayne, Indiana, The Indianapolis Star reports:The Indiana attorney general's office claims a Cincinnati-based loan modification firm signed fraudulent agreements to help nearly 600 Hoosier homeowners avoid foreclosure. Foreclosure Assistance USA told the homeowners they would help prevent foreclosure in claims made on websites and radio and in direct-mail advertisements and phone

Wisconsin AG Files Civil Suit Against California Outfit For Alleged Misrepresentations Made In Offering Loan Modification Services

Posted on May 28, 2010
From the Office of the Wisconsin Attorney General:The Wisconsin Department of Justice filed suit [] against a company doing business as "USA Loan Auditors" for engaging in deceptive practices in the course of selling purported "loan modification" services to Wisconsin homeowners...

Kern County Deputy DA On Loan Modification Rackets: "They Are People Very Worthy Of Criminal Prosecution!"

Posted on May 28, 2010
In Bakersfield, California, KBAK-TV reports:When the economy and real estate market went south, many families went to home loan modification companies to save their homes. But, more than a dozen Kern County families contacted Eyewitness News after one modification company took their money and didn't do anything it promised...

Recently Enacted New Mexico Anti-Loan Modification Scam Law Calls For Prison, $10K Fine For Violators

Posted on May 28, 2010
In Santa Fe, New Mexico, The Associated Press reports:A New Mexico law that went into effect [last week] is aimed at companies that charge homeowners and make fraudulent promises to help them get their loans modified to protect their homes against foreclosure...

Brooklyn Judge Journeys Through "The Twilight Zone" In Recent Ruling Slamming Standing Lacking Lender, Notorious Foreclosure Mill Operator

Posted on May 27, 2010
In Brooklyn, New York, The Wirenius Report Blog reports on Kings County Supreme Court Justice's Arthur M. Schack (a judge which, it points out, has "earned fame just by making banks follow the rules applied to ordinary litigants") and his most recent journey through the "The MERS Mortgage Twilight Zone," and which features notorious Western New York assembly line, foreclosure mill law firm

Pair Charged In Ripoff Of Elderly Woman; Abused POA To Take Title To Home, Drain Bank Account, Say Investigators; Stiffed Nursing Home Triggers Probe

Posted on May 27, 2010
In Washoe County, Nevada, The Reno Gazette Journal reports:Two Reno women in their 60s, including a real estate broker, are facing an August trial for alleged financially exploitation of an elderly woman. Peggy Viola Six, 63, an artist, and Robin Lee Benjamin, 64, a real estate broker who operates Market and Match home buying and selling system, pleaded not guilty Thursday morning to an

Cops: Man's $315K Swindle Of Elderly, Dementia-Stricken Mom Leads To Eviction From Nursing Home & "Basically Put Her In The Poor House"

Posted on May 27, 2010
In Eden Prairie, Minnesota, the Eden Prarie News reports:An Eden Prairie man was recently charged with stealing more than $315,000 from his elderly mother?s retirement accounts over the course of five years. The incident ?is not a unique case,? noted Sgt...

Texas Woman Accuses Sister Of Pocketing Rent From, Conspiring With Nieces To Use Forged Deed In Swiping Title To, Rental Property

Posted on May 27, 2010
In Jefferson County, Texas, The Southeast Texas Record reports:A Jefferson County woman claims her sister stole money and property from her while serving as her property manager. Lieu Pham filed a lawsuit May 10 in Jefferson County District Court against her sister, Dieu Pham; her nieces, Lan Nguyen and Bong Nguyen; and Johnathan V...

Georgia Attorney Gets Five Years In Theft Of $600K+; Client Home Sale Proceeds Included In Pilfered Loot

Posted on May 27, 2010
In Fayetteville, Georgia, The Citizen reports:A Fayetteville attorney who bilked his clients of more than $647,000 was sentenced [] to five years in prison and an additional 25 years probation. Howard Geoffrey ?Geoff? Slade Sr., 62, pled guilty to all 12 counts he was charged with, all but two being theft by taking while acting in a fiduciary capacity...

Judge Awards Free & Clear Title To Homeowner After Lender Carries Out Foreclosure Sale w/out Posting "Lost Note" Indemnity Bond, Violating Court Order

Posted on May 26, 2010
In Miami, Florida, The Daily Business Review reports:All Orlando Eslava wanted from his lender was a loan modification to make his payments affordable. Instead, he got his $207,000 mortgage wiped out ? and a crash course in the confusing way foreclosures are unfolding in a court system chock-a-blocked with cases...

Northern Florida Judge To Consider Sanctions For Alleged F'closure Mill Racket Suspected Of Fabricating &/Or Presenting False Or Misleading Paperwork

Posted on May 26, 2010
In St. John's County, Florida, The Florida Times Union reports:A law firm under state investigation for its handling of foreclosure cases(1) could face court sanctions in St. Johns County for giving a judge false information about who owned a mortgage...

Chronic, Rubber-Stamping Florida Judge Once Again Draws Appellate Court Attention For Denying Plaintiff/Lenders' Motions To Cancel Foreclosure Sales

Posted on May 26, 2010
A recent ruling from a Florida appeals court brings renewed attention to the conduct of now-ex-Volusia County Circuit Court Judge John V. Doyle for issuing rubber-stamped denials of motions to cancel foreclosure sales filed by plaintiff/lenders and allowing foreclosure sales to take place (against the wishes of both the lenders and the homeowners)...

Lack Of Evidence Of Individual's Authority To Execute Assignment Of Mortgage Sinks Foreclosing Assignee In Attempt To Lift Stay In Ch. 13 Proceeding

Posted on May 26, 2010
In a recent ruling by a U.S. Bankruptcy Court in Boston, Massachusetts, a foreclosing lender was denied relief from an automatic stay to foreclose on a mortgage. As the basis for its ruling, the court pointed to the failure of the foreclosing lender, Property Asset Management, Inc...

Idaho Couple Gets Back Home Sold Out From Under Them In Foreclosure While Loan Modification Agreement In Effect; Trustee Agrees To Rescind Sale

Posted on May 26, 2010
In Boise, Idaho, The Idaho Statesman reports:A West Boise family has gotten their home back after it was sold in March in a foreclosure sale, said their attorney, Richard Eppink of Idaho Legal Aid(1) in Boise. Zijad and Hata Rudan had formally entered and were complying with a federal loan modification trial period before the home was sold...

Louisville-Area Tax Lien Investors Accused Of Squeezing Delinquent Owners w/ Bogus Legal Fees When Redeeming Homes; Suit Seeks Class Action Status

Posted on May 26, 2010
In Jefferson County, Kentucky, The Louisville Courier Journal reports:Companies that buy delinquent property tax bills are charging unnecessary, exorbitant and illegal legal fees to owners who want to reclaim their property -- and preying on the elderly and unsophisticated, according to a lawsuit filed in Jefferson Circuit Court...

Recently Issued State Supreme Court "Produce The Note" Rule Holding Down New Foreclosure Filings In Florida?

Posted on May 25, 2010
In South Florida, The Sun Sentinel reports:Foreclosure filings have decreased this year, but it may not be a brightening economy causing the decline. Broward County had 7,134 homes and condos in some stage of foreclosure last month, down 31 percent from April 2009, according to RealtyTrac Inc...

Homeowner Hammers HOA, Attorney In Court For "Unreasonable Collection Practices" In Foreclosing On House Over Tiny Amount In Unpaid Dues

Posted on May 25, 2010
In San Antonio, Texas, WOAI-TV Channel 4 reports:When the HOA foreclosed on [Kent] Hern because he owed a couple hundred dollars, he took them to court. Hern lives on the north side of town in the Hidden Forest subdivision. He fell behind on his HOA payments a few years ago while he was out of the country on business...

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