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Legal Commentary
: PrawfsSelf Help Against Foreclosure
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
Ohio homeowner Terry Hoskins bulldozed his house rather than let a bank take it in foreclosure. Lest there be any ambiguity about his motives, he explained what he was doing on camera. But Ohio, like many other states, has a statute making it a crime to "destroy . . . any of the person's property" with a "purpose to defraud a creditor." Ohio Rev. Code 2913.45. If the value of the property is more than $100,000, it is a Class 3 felony, which is punishable by up to five years in prison. Is there some reason I do not see that this fellow should not be charged? Surely this is not a solution that should be encouraged in any way.
Full post as published by Prawfs on February 23, 2010 (boomark / email).
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