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Real Estate & Property Law

The Home Equity Theft Reporter 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: 29.7/day

Last Entry: November 27, 2014 at 04:00:00

Recent Entries: 9476

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Court OKs Gov't Use Of Eminent Domain To Snatch Elderly Man's Atlantic City Home Of 45 Years, Even Without Any Specified Purpose For The Property; Victim, Counsel Say Appeal Will Follow

Posted on November 27, 2014
In Atlantic City, New Jersey, The New York Times reports: Charlie Birnbaum will have to go to a higher court to defend his parents? home in Atlantic City, which he wanted to keep as something of a shrine. Superior Court Judge Julio L. Mendez ruled on Monday that New Jersey?s Casino Reinvestment Development Authority, charged with developing the gambling and tourism industries in Atlantic City,


Expiring Statute Of Limitations Leaves New Jersey Homeowner With Free & Clear Home While Foreclosing Lender Left Holding The Bag

Posted on November 26, 2014
In Newark, New Jersey, NJ.com reports: In what may be a first in New Jersey, a Morris County man who defaulted on his $520,000 mortgage in 2007 has instead won the right to retain ownership of his house, according to court records. Earlier this month, Gordon A...


WV Supremes OK Foreclosed Homeowner's Use Of 'Fair Market Value Defense' When Determining Deficiency Judgment; Court Overrules Its Prior Precedent That Mandated Automatic Use Of Auction Sale Price In Calculation; Ruling Will Lead To Less Lender Windfalls, Lower Property Owner Post-Foreclosure Liability

Posted on November 25, 2014
From an Opinion Summary from Justia US Law: Defendants defaulted on their obligation to Plaintiff, who had loaned them $200,000 secured by a first deed of trust on real property they owned. Plaintiff subsequently purchased the subject property at a trustee?s sale and then filed the instant lawsuit seeking a deficiency judgment for the unpaid balance of Defendants? promissory note...


NYS High Court To Rogue Bankruptcy Trustees, Greedy Creditors: Hands Off 80-Year Old Widow's Rent Regulated Home Of 50 Years; Declares Those Leases To Be "Public Assistance Benefit" Exempt From Creditors' Claims Under State Law

Posted on November 24, 2014
In New York City, The New York Times reports: In a decision with implications for millions of tenants, New York State?s highest court ruled Thursday that a lease for a rent-regulated apartment is a public benefit and cannot be seized as an asset in a personal bankruptcy...


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Harlem Brownstone Targeted In Stolen Identity/Deed Theft Scam; True Owners Get Roped Into Lawsuit By Would-Be Buyer Who Made $90K Downpayment In Deal To Buy Property From Two House-Heisting Scammers

Posted on November 23, 2014
In New York City, the New York Post reports: Con artists have tried to sell a $2.2 million Harlem brownstone they don?t own four times since September, the building?s fed-up owners told The Post. And now the owners are fighting a lawsuit from a would-be buyer who made a $90,000 down payment to a lawyer representing the scammers ? who used forged drivers? licenses to impersonate the couple...


Daughter Thwarted In Attempt To Boot Elderly Father Out Of His Home; Judge: Fight "Over What Amounts To Expectation Inheritence Rights"; Dad: "?I Am 71 & In Poor Health. I Am Not Going To Make It Much Longer. Couldn?t She Just Wait Until I Die??

Posted on November 22, 2014
In Miami, Florida, The Miami Herald reports: Former Miami Beach mayor-turned-convicted felon Alex Daoud does not have to move out of his home, a Miami-Dade judge ruled Monday. In 2012, Daoud?s daughter Kelly Hyman filed a complaint against him that said she owned the corporation that bought the $1 million, two-bedroom, three-bathroom house in the 1700 block of Michigan Avenue...


Another Sloppy Lender Takes Hit With Voided Lien In Homeowner's Bankruptcy Case As Mortgage Containing Incorrect Legal Description Falls Outside Property's Chain Of Title, Thus Failing To Provide Constructive Notice To BFPs; Bank Left Holding The Bag Without Loan Collateral, But At Least Wins Fight To File Belated Unsecured Proof Of Claim

Posted on November 21, 2014
From Bankruptcy-RealEstate-Insights: A Chapter 13 trustee and the debtor sought to use the strong arm powers of a hypothetical bona fide purchaser of real estate to avoid a mortgage based on the fact that an incorrect legal description was attached to the mortgage and it was indexed in the land records using the incorrect description...


Salvation Army To Fork Over $72K To Settle Alleged Fair Housing Violations That It Illegally Booted Four Homeless Women From Its Transitional Housing Center After They Became Pregnant

Posted on November 20, 2014
In Washington, D.C., the Department of Housing & Urban Development recently announced: The U.S. Department of Housing and Urban Development (HUD) announced [] that the Salvation Army will pay $48,000 to four women as part of a Conciliation Agreement resolving allegations that the international charitable organization wrongfully evicted them from its Turning Point transitional housing center in


N. Illinois Landlord Agrees To Cough Up $255K In Settlement w/ Fair Housing Feds For Allegedly Refusing Reasonable Accommodation For Mobility-Impaired Tenant Living On 3rd Floor Of Non-Elevator Bldg., Then Threatening Eviction When Adult Daughter/Caregiver Moved In

Posted on November 19, 2014
The Department of Housing and Urban Development ("HUD") recently announced (via the Fair Housing Defense blog): The U.S. Department of Housing and Urban Development (HUD) announced [] that it has entered into a Voluntary Compliance Agreement (VCA) with University Village, the owner and operator of a 500-unit HUD-subsidized apartment complex in DeKalb, Illinois...


NYC Homebuyer Who Failed To Ascertain Status, Rights Of All Persons In Possession Of Premises Discovers 'Phantom' Tenant Holding Unrecorded 60-Year, $10/Month Lease On 2-Bedroom, West Village Duplex; Resorts To Lawsuit To Boot Renter, Claiming He Either Forged Elderly Ex-Owner's Signature Or Took Advantage Of His Dementia, Alcoholism When Obtaining Lease

Posted on November 11, 2014
In New York City, the New York Post reports: It?s the best lease in the city. In 2009, Jud Parker got a West Village landlord to give him a ­duplex apartment on tony Minetta Street for $10 a month ? for 50 years! Now new landlord Pari Dulac is challenging the sweetheart deal and claiming the old owner, who died in 2010, had dementia when it was allegedly signed...


Apartment-Seeking Single Mom, Fair Housing Advocates Tag A Dozen NYC Landlords With Lawsuit For Alleged Discrimination Due To Her Proposed Use Of Section 8 Housing Voucher To Pay Portion Of Rent

Posted on November 05, 2014
In New York City, the Fair Housing Justice Center (1) recently issued the following announcement of a lawsuit it filed alleging fair housing violations against a dozen area landlords over alleged violations of the New York City Human Rights Law: On October 31, 2014, Ms...


Sale Leaseback Peddler Gets Ten Years In Equity Stripping, Foreclosure Rescue Ripoff While Co-Defendant/Brother Lands 35 Years Prison Stay As Mastermind Of Scam That Netted $15M+ From Unwitting Homeowners

Posted on November 04, 2014
From the Office of the U.S. Attorney (Sacramento, California): Jeremy Michael ?Mike? Head, 34, of Huntington Beach, was sentenced [] to 10 years in prison for a nationwide foreclosure rescue scam, United States Attorney Benjamin Wagner announced. A federal jury found him guilty in May 2013, after a nearly four-week trial before United States District Judge Kimberly J...


Expired Statute Of Limitations Allows Indicted Bigshot Brooklyn Politician/Attorney To Dodge Bullet On Charges Of Illegally Snatching $440K In Surplus Sale Proceeds Held In Trust Account While Acting As Court-Appointed Foreclosure Sale Referee; Loot Left Unclaimed By Unwitting Foreclosed Homeowners; Prosecuting Fed: 'Appeal Likely'

Posted on November 03, 2014
In Brooklyn, New York, The New York Times reports: The government?s case against State Senator John L. Sampson lost some of its heft on Friday when a federal judge dismissed two central embezzlement charges. Mr. Sampson will now probably face only eight counts, including making false statements, concealing records, obstructing justice and witness tampering, when he goes to trial early next year


Screwed Over Florida Homeowners Score Trial Court Reversals In Three Cases As Appeals Court Rejects Use Of 'Robo-Witnesses' Giving Inadmissible Heresay To Support Bankster Foreclosures; Cases Now Subject To Dismissal, May Create Statute Of Limitations Problem For Banksters Thinking Of Re-Filing Cases

Posted on October 29, 2014
The South Florida Daily Business Review (via The Real Deal/South Florida) reports: In three cases over two days, the First District Court of Appeal threw out evidence submitted in foreclosure actions and ruled the lenders' witnesses were unqualified...


NYC Landlord Tagged With Lawsuit Alleging Discrimination Against Prospective Tenant With Section 8 Housing Voucher

Posted on October 25, 2014
In New York City, the Fair Housing Justice Center recently issued the following announcement of a lawsuit it filed alleging fair housing violations against a Brooklyn landlord: On October 21, 2014, the Fair Housing Justice Center (FHJC)(1) and Barbara S...


Feds Invoke 'Forfeiture' Move In Effort To Boot Innocent Wife, Kids From $1.9M Boca Mansion Co-Owned With Convicted Insider-Trading, Hedge Fund Hubby While Latter Preps For Nine Year Stay In Can

Posted on October 20, 2014
In New York City, the New York Post reports: The wife of former SAC Capital moneyman Mathew Martoma doesn?t think she should have to give up her luxurious lifestyle just because her husband orchestrated the most lucrative insider trading scheme in history...


Crackpot Gets Seven Years For Targeting Chicago U.S. Attorney, Other Feds With Billion$ In Bogus Retaliatory Liens Filed Against Their Property; Judge Declares All Illegally Filed Paperwork Null & Void

Posted on October 19, 2014
From the Office of the U.S. Attorney (Fairview Heights, Illinois): After nearly two years, the federal prosecution of Cherron Marie Phillips, a/k/a ?River Tali,? ended yesterday with Phillips being sentenced to a seven year prison term, the United States Attorney for the Southern District of Illinois, Stephen R...


No 'Sovereign' Immunity For 'Paper Terrorist', Gets Five Years For Taking Revenge Against Over Two Dozen South Jersey Judicial, Police, Municipal Officials By Filing Bogus Retaliatory Liens Against Their Property

Posted on October 19, 2014
In Camden, New Jersey, the South Jersey Times reports: A Wisconsin man who is part of the "Sovereign Citizen" movement and pleaded guilty to threatening nearly 30 judicial, police and municipal officials around South Jersey will lose that sovereignty when he enters prison, authorities announced Wednesday...


Philly DA Pinches Lawyer, Two Funeral Directors, Three Others In Alleged Scheme To Hijack Title To Dead Woman's Home, Car

Posted on October 18, 2014
In Philadelphia, Pennsylvania, The Philadelphia Inquirer reports: The anonymous caller who dialed the Philadelphia District Attorney's Office last year had a disturbing tale to tell: A woman was dead, and someone was trying to steal her home and Buick LeSabre...


Ex-Con Pinched For Allegedly Using Phony Deed To Hijack Title, Possession Of Elderly Woman's Vacant NYC Home

Posted on October 17, 2014
In Laurelton, Queens, the New York Post reports: He may soon be living for free ­behind bars. The ex-con who allegedly filed a fake deed to steal an elderly woman?s Queens home was arrested Tuesday in Housing Court, where he was brazenly fighting eviction...


Ohio Supremes Use Procedural Grounds To OK Improperly Commenced Foreclosure By Standing-Lacking Lender "Even If A Plaintiff?s Assertion Of Standing Was Patently False"; Homeowners' Failure To Challenge Lower Court Ruling On Bankster's Standing On Direct Appeal Fatal To Their Effort To Undo Foreclosure Judgment; State High Court Dissenters: Majority "Goes To Great Lengths To Preserve A Void Judgment ... Creates Uncertainty In Foreclosure Cases That Will Operate In Favor Of Careless Banks While Eroding The Rule Of Law In Ohio"

Posted on October 12, 2014
From a recent Opinion Summary from Justia US Law: Bank of America, N.A. filed a complaint in foreclosure against George and Bridget Kuchta, claiming to be the holder of a promissory note and assignee of the mortgage. The trial court granted summary judgment to the bank and entered a decree of foreclosure in its favor...


Federal Appeals Court Kiboshes 'Rogue' Chapter 7 Trustee's Attempt To Use Bank's Failure To Record 1st Mortgage As Basis For Short-Circuiting Bay State's Homestead Exemption & Sell Home Out From Under Non-Defaulting Homeowner In Bankruptcy

Posted on October 06, 2014
From a recent post from Bankruptcy-RealEstate-Insights.com: A chapter 7 trustee sought to avoid an unrecorded first mortgage and to preserve the lien for the benefit of the bankruptcy estate. In response, the debtor sought confirmation that if the trustee was successful, he would not be able to sell the mortgaged property without first foreclosing in accordance with state law...


Philly Feds Bag Six in Probe Alleging Group Peddled Bogus Sale Leaseback Arrangements To Homeowners Facing Foreclosure In Scam To Strip Their Home Equity Out From Under Them

Posted on October 03, 2014
From the Office of the U.S. Attorney (Philadelphia, Pennsylvania): An indictment was filed yesterday charging six people, including a couple and their daughter, in a wide-reaching mortgage fraud conspiracy in which the defendants allegedly stripped the equity from the homes of desperate homeowners facing foreclosure, announced United States Attorney Zane David Memeger...


No Brotherly Love In Philly (Birthplace Of U.S. Constitution) As City's 'Seize & Seal' Method Of Snatching Homes Out From Under Homeowners Over Minor, Unprosecuted Drug Allegations (w/out Criminal Charges or Convictions) Continues To Draw Light, At Heart Of Recent Federal Lawsuit

Posted on September 15, 2014
In Philadelphia, Pennsylvania, The Pennsylvania Record reports: A group of homeowners have asked a federal judge to grant a preliminary injunction against the City of Philadelphia?s practice of seizing homes accused of involvement with drug sales,(1) according to a motion filed at the U...


NJ Supremes Adopt Eight-Factor Standard For Equitable Mortgage Determination In Sale Leaseback Transactions; May Serve As Comprehensive, Practical Guide In Attempts To Undo Equity Stripping Foreclosure Rescue Scams

Posted on September 13, 2014
Reprinted from a recent Justia.com Opinion Summary: The issue this appeal presented for the New Jersey Supreme Court's review centered on an agreement for the sale of a residential property and a subsequent lease and repurchase agreement, specifically whether the transactions collectively gave rise to an equitable mortgage, violated consumer protection statutes, or contravened its decision in "


Another Out-Of-Control Condo Association Feels The Bite After Jerking Around Disabled Veteran & His Emotional Support Dog In Violation Of Federal, Florida Fair Housing Acts; Appeals Court OKs $5K In Compensatory Damages, Sticks HOA w/ $127K+ Tab For Homeowner's Legal Fees

Posted on August 30, 2014
Courthouse News Service reports: A condo association must pay $5,000 in damages, plus $127,000 in attorneys' fees, for insisting that a veteran with PTSD get rid of his emotional support dog,(1) the 11th Circuit ruled. Ajit Bhogaita is a U.S. Air Force veteran who suffers from post-traumatic stress disorder after he was sexually assaulted during his military service...


Maine Supremes: Despite Lender's Sufficient Proof Of Its Status As Holder Of Note, Its Failure To Prove Ownership Of Mortgage Proves Fatal To Its Standing To Proceed With Foreclosure Action; Indicates That Mortgage May Not Always Follow The Note

Posted on July 04, 2014
A recent ruling by the Maine Supreme Court involving a foreclosure action serves as a reminder that, at least under the state law of Maine, the principle that the "mortgage follows the note" apparently does not necessarily apply where the foreclosing party merely proves its status as holder of the promissory note...


Lowlife Lawyer/Church Pastor Gets Six Years For Swindling Multi-Million Dollar Harlem Apartment Building Out From Under Elderly Widow; NYC Feds Frog-March Felon Away To Prison While Weeping Wife, Kids Watch; Deportation To Nigeria May Be Next For Foreign National

Posted on June 12, 2014
In New York City, SaharaReporters reports: A former Brooklyn-based civil attorney, and Pastor of the Deeper Life Bible Church, Ifeanyichukwu Eric Abakporo, was [] in federal court in New York sentenced to six years in a United States prison in a case of defrauding banks, mortgage lenders, property owners, and property buyers...


'Disability Dog' Takes $300K Bite Out Of Rogue Condo Association For Jerking Around His Wheelchair-Bound, Reasonable Accomodation-Seeking Owner In Violation Of Fair Housing Act

Posted on June 10, 2014
In Davie, Florida, The Miami Herald reports: Calling the behavior of a Davie condominium association ?absurd? and ?unreasonable,? a federal judge has ordered a Davie condominium to allow a disabled resident to keep her service dog. The two-year dispute will carry a hefty price tag for the Sabal Palm Condominiums: $300,000...


Loan Modification Deals That Leave Homeowners Bound & Gagged Grow More Widespread, Preventing Borrowers From Bad-Mouthing Banksters Or Suing Them In Court For Future Misconduct

Posted on May 22, 2014
Reuters reports: Joseph and Neidin Henard thought they had finally fixed the mortgage that was crushing them. In January, the couple reached a settlement with every company that had a stake in the mortgage on their house in Santa Cruz, California, a deal that would have slashed their monthly payment by almost 40 percent to $3,337...


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