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Legal Commentary

: Prawfs

Self Help Against Foreclosure

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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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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