Rss Feed
Tweeter button
Facebook button
Technorati button
Reddit button
Myspace button
Linkedin button
Webonews button
Delicious button
Digg button
Flickr button
Stumbleupon button
Newsvine button

Johnny Depp’s Sister and Friends Dragged Into Dispute With Ex-Manager

Johnny Depp’s sister, his assistant, and several friends are being dragged into the actor’s bitter legal feud with his former management company.

Depp sued the Management Group (TMG) in January, alleging that the firm mismanaged his finances and made nearly $10 million in unauthorized loans. In an amended cross-complaint filed on Tuesday, TMG alleges that the loans were approved and that they went to Depp’s close associates.

TMG adds each of the members of Depp’s circle as cross-defendants, essentially arguing that if he wants repayment he should seek it from them.

Related

A Kentucky Horse Farm Owned by Johnny Depp Heads to Auction

“Depp’s closest friends, family, and colleagues who have been added as new Cross-Defendants in this action have only Depp to blame for their involvement in this charade,” the cross-complaint states.

According to the filing, Depp loaned his sister, Christi Dembrowski, $7.1 million over the course of 17 years. The suit states that Depp and Dembrowski agreed that she would be compensated through informal loans, that he has not asked her to return any of the money, and that she remains president of his production company, which recently entered a first-look deal with IM Global.

“It is absurd that Depp would trust his sister to oversee this important joint venture if he sincerely believed that she had actually accepted and signed for over $7 million in unauthorized payments,” the cross-complaint states.

The filing lays out several additional loans, all of which it states were initiated and approved by Depp: $199,000 to his nephew, Bill Rassel, to help buy a house in Kentucky; $737,000 to his assistant, Nathan Holmes, to buy and renovate a house in the United Kingdom; $412,000 to actor Jimmy Russo, to help him avoid foreclosure; $262,000 to tattoo artist Jonathan Shaw, to defend him from criminal weapons charges; and $237,000 to actor Sal Genco, to help him through a costly divorce.

The cross-complaint also names Depp’s closest childhood friend, Bruce Witkin, as a defendant. It alleges that Depp invested more than $4 million in a music label run by Witkin, which did not generate revenues, until TMG finally persuaded him to stop. Depp now alleges that he never authorized the investment, according to the filing.

TMG is seeking repayment of a $4.2 million loan to Depp, in addition to several hundred thousand dollars in unpaid fees. TMG commenced non-judicial foreclosure proceedings against one of Depp’s properties in 2016, which the company alleges caused Depp to concoct false allegations.

“Depp does not want to repay his debts to TMG. Depp’s objective in filing this action are transparent and designed to falsely stave off the foreclosure of Depp’s real properties in Los Angeles,” the cross-complaint states. “Depp should be ashamed of the ridiculous, false and baseless positions he is taking in this action.”

Article source: http://variety.com/2017/biz/news/johnny-depp-sister-friends-tmg-lawsuit-1202563761/

Detroit tax foreclosures fall 88% since 2015

Detroit — Wayne County and Detroit officials on Tuesday announced tax foreclosures in the city have fallen 88 percent in the last two years.

Officials said there were 768 tax foreclosures of owner-occupied homes in Detroit, down from 6,408 in 2015. They said it’s the lowest level for Detroit tax foreclosures since the housing market collapsed in October 2008.

“In 2014, Detroit was looking at a tsunami of tax foreclosures,” Detroit Mayor Mike Duggan said. “This is just a remarkable accomplishment.”

Duggan made the remarks at a news conference held at the Butzel Family Recreation Center on the city’s east side. He was joined by Wayne County Executive Warren Evans and Wayne County Treasurer Eric Sabree.

The officials attributed the trend to their efforts to reduce home foreclosures, the work of more than 15 neighborhood groups as well as the approval of an interest-reduction program in Wayne County by Gov. Rick Snyder and the state legislature.

Duggan said more than 50,000 families in Detroit who faced foreclosure were able to avoid it thanks to the interest-reduction program, which began in 2015. Under the program, homeowners are eligible to enter payment plans at an interest rate of 6 percent instead of the usual 18 percent.

Overall, tax foreclosures in Detroit, including vacant abandoned properties, have fallen 70 percent from 24,793 in 2015 to 6,315 this year, officials said.

“Foreclosure is not something that anybody wants to see happen,” Evans said. “No one will be happier than me to see foreclosures eliminated completely.”

Sabree said Wayne County has also seen a reduction in tax foreclosures.

“This is phenomenal work,” he said. “Of the 43 municipalities in Wayne County, 12 of them had zero foreclosures this year and 15 others had 10 or less.”

Although numbers are down, housing advocates are pushing the treasurer to stop the sale of occupied homes.

Detroit homeowners, joined by the American Civil Liberties Union of Michigan and the NAACP Legal and Education Fund, filed a lawsuit more than a year ago against the city and county treasurer. 

They argue the county’s auction violates the federal Fair Housing Act by disproportionately foreclosing on black homeowners, a process fueled by inflated city tax assessments and an inaccessible tax exemption for the poor.

Bernadette Atuahene, a law professor at the Illinois Institute of Technology’s Chicago-Kent College of Law, who has studied Detroit’s assessments, examined 2015 city assessments and found 95 percent of lower-valued homes are over-assessed by the city. Lower-valued homes were worth under $10,400 in her work.

More than 31,000 properties in Detroit are now on county payments plans for back taxes. 

Housing advocates have predicted that many owners will default in coming months without more help. The News found in 2016 that owners of about 6,000 occupied properties in Detroit owed tax debt that was a quarter or more of what the houses are worth.

Detroit resident Denise Tanks, 30, said she knows first-hand how harrowing losing your home to foreclosure can be. The mother of two said the owner of the house she rents on the city’s west side stopped paying the taxes. She said she got help from one of the neighborhood groups mentioned by the mayor.

“I have a son who has special needs so I couldn’t just uproot my children,” she said. “I didn’t want to have to find another home. I think this is exciting because there are so many people going through the same thing I’ve gone through.”

cramirez@detroitnews.com

Article source: http://www.detroitnews.com/story/news/local/detroit-city/2017/09/19/detroit-tax-foreclosures-down-duggan/680432001/

Adelia Homes Buys Houses in Fort Worth

Regardless of the property’s condition, the experts at Adelia Homes are making all cash offers

“We take pride in quickly purchasing either distressed properties that need to be sold due to financial or circumstantial reasons along with high equity properties that people just want to get rid of.” – Joel Allen

Adelia Homes has proudly announced “we buy houses Fort Worth” and several other surrounding areas in Texas. The real estate services offered by the company have arrived as great news for people with distressed properties or landlords who need to sell their houses quickly. Many people are facing difficult issues such as divorce, being transferred to another state or simply thinking about getting rid of their unwanted properties and Adelia Homes is here to help.

“We take pride in quickly purchasing either distressed properties that need to be sold due to financial or circumstantial reasons along with high equity properties that people just want to get rid of,” said Joel Allen, the owner of Adelia Homes while talking about the services offered by the company. He added: “Tired landlords that are ready to sell their rental property can contact us by simply filling out a form on our website.”  If people are looking to sell a house fast, Adelia Homes can help.

The company also buys houses in estates and can stop foreclosure as well as high equity houses, low equity houses and also houses in need of repairs. In addition, Adelia Homes solves people’s housing problems and helps others achieve home ownership simply by putting people first. As the premiere “We Buy Houses” company in Fort Worth, Adelia Homes makes cash offers which avoids the realtor commissions and long timeline of a traditional sell.  Adelia Homes can close on a house in 7-10 days without the seller having to make any repairs or pay closing cost.

For more information, please visit: www.adeliabuyshouses.com


( Press Release Image: https://photos.webwire.com/prmedia/59163/213343/213343-1.png )

Related Links
We buy houses Fort Worth
www.adeliabuyshouses.com

WebWireID213343

 
we buy houses Fort Worth
we buy houses
sell my house fast
sell my house
stop foreclosure

Contact Information
Joel Allen
Owner
Adelia Homes

(1) (817)-799-8646info@adeliahomes.com

This news content may be integrated into any legitimate news gathering and publishing effort. Linking is permitted.

News Release Distribution and Press Release Distribution Services Provided by WebWire.

Article source: https://www.webwire.com/ViewPressRel.asp?aId=213343

Top 10 installment loans ~ unsecured personal loans ~ unsecured loans

Using a program called lobSTR, researchers extracted individual, genetic fingerprints from an online database and compared them to gene-based genealogy sites, social media and other online tools, to find their match.

Article source: http://www.science-fare.com/?f0y8u=1697465510

Dog saves its family before house burns to the ground

x

Embed

x

Share

CLOSE

The Parsons family house burned to the ground. They would have been inside if not for their pet dog Chewbarka.
Humankind

TALLAHASEE, FL - Their night was far from restful.

James Parsons had gone to sleep early in his family’s Woodville mobile home. His wife, meanwhile, was just heading to bed.

But that Tuesday morning at 1:56 a.m., the family’s 3-year-old chihuahua-dachshund Sir LaRue Winnieschnitzle was restless. The dog nicknamed “Chewbarka” started barking in a panic. “He wouldn’t stop,” he recalled.

His wife Theresa Parsons tip-toed to the back porch to scope out the area, trying to find what was causing their dog’s commotion. It wasn’t a possum like they had thought.

Their house was on fire.

Smoke and raging flames billowed from their back porch area.

“It was a wall of flames — it was going to engulf us,” James Parsons recalled. “We got out just in time.”

Hurriedly, they ran to the front of the house and quickly escaped through the front door.

The 1,200-square-foot Elena Drive mobile home with all of the family’s possessions sustained about $85,000 worth of damages, said firefighter Matt O’Brien.

“When we came, the structure was fully involved and the fire was pretty much all around it,” O’Brien said.

The family wasn’t injured. But they lost almost everything — furniture, documents, phones, keepsakes and things that can’t be replaced, like an heirloom English tea set.

In the charred aftermath, James Parsons foraged for anything that was left, namely his wife’s medication. But instead of the pink prescription bottle, he found her wedding band and engagement ring. They’ve been married for 15 years.

The fire happened on his wife’s birthday.

Her autism bracelet, which she wore in honor of their 14-year-old autistic son Brian, was scorched along with all her other autism support memorabilia.

Firemen were able to recover a few photo albums; most of the photos were seared in the fire, but some were salvaged.

“We just wrapped up our bankruptcy and foreclosure on our other home — and now, this,” Theresa Parsons said with a bitter laugh.

James Parsons says he and his wife are both physically disabled due to health problems. He’s been in and out of hospitals with spinal issues, his wife said, and she is also suffering from spinal and nerve issues.

“We just need a place to live,” the 51-year-old man said.

Until they find that, the family is temporarily staying with their landlord, who lives next door to their once home in the Woodville mobile home community.

“We need to find a permanent place to stay because we can’t move our son around all over because of his autism,” Theresa Parsons said.

With their son’s autism, “consistency is key,” she explained. Any changes in his routine can cause him severe emotional distress.

“Our son just had a meltdown,” she added. “In the autism spectrum world… it’s hard to explain to him, so he doesn’t understand.” Neighbors pitched in and bought their son a Nintendo 3DS, a replacement for the one that was destroyed by the fire.

She’s just trying to persevere to step by step bring their lives back to the normalcy that once was.

“It’s just one day at a time and one step at a time,” she said.

All her belongings were destroyed, but her faith wasn’t. She feels their dog Sir LaRue Winniescnitzle was a divine alarm.

“Everything happens for a reason but we don’t know what the outcomes are going to be … but we stand firm in our faith.”

Capital City Church of God off Blountstown Highway is accepting donations at 10:30 a.m. Sunday.

Donations can be made online at gofundme.com/parsons-family-fire-relief or on Facebook at facebook.com/events/725412430984469.

How about a little more happiness? Join us to get the best of Humankind in your inbox. We always have something good to share.

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Adorable blind Golden Retriever puppy is training for a lifetime of service | 0:39

A breeder with a puppy that was born blind plans to raise it to be a therapy dog.
Humankind

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Mom with 4 kids, 3-legged dog, pig evacuate | 1:36

Lisa Eicher started filming as rescuers helped her two children with Down syndrome, their three-legged dog, and their family pig to safety after Hurricane Harvey
Wochit

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Dog paralyzed from BB gun determined to live active life | 0:44

Ryker was found dragging his hind legs after someone shot him with a BB gun. A community has come together to ensure he has a good life.
Humankind

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Retired military dog reunited with handler | 0:53

Air Force Staff Sergeant Amanda Cubbage was reunited with the German Shepherd she loves. They worked together while stationed in South Korea.
Humankind

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Two dogs give us possibly the best eclipse video we’ve seen | 0:23

Do not look directly at it without protective glasses.
HUMANKIND

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Dog twerks with the best of them | 0:25

We have never seen a dog twerk before.
HUMANKIND

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
This bulldog taught himself how to skateboard | 0:39

George is a 4-year-old bulldog that’s obsessed with skateboarding.
Humankind

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Rocket the two-legged cat couldn’t be more adorable | 0:51

A family rescued Rocket the two-legged cat from a park. Since then, he’s shown everyone there’s no slowing him down.
Humankind

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
This blind therapy dog helps children in the hospital | 0:55

Harley the yellow lab lost her eyes to glaucoma, but uses her disability to help children in the hospital.
Humankind

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
These ladies never thought they’d be knitting sweaters for chickens | 0:57

As part of their retirement home’s knitting club, a group of retirees are knitting sweaters for chickens who would otherwise be too cold in the New England winters.
Humankind

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Dog saves baby deer drowning in harbor | 0:48

This dog was so concerned about the baby deer that he jumped in the water to rescue it, and the deer lived.
Humankind

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Dog nearly dies from extreme flea infestation | 0:49

Rascal was rescued with just a few days to live because of a severe flea infestation.
Humankind

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Toddler and Labrador puppies brighten our day | 0:24

An adorable toddler and her multiple puppies enjoy a snuggle session that will bring a smile to your face.
ALL THE MOMS

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Headband-wearing dog becomes the face to stop dog fighting | 0:53

Abigail is a pit bull mix found severely abused, likely from being used as a bait dog for dog fighting. She now wears headbands to cover up her injury.
Humankind

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Blind dog finds his way with guide dog | 0:48

A rescue group made sure Dachshunds Herbie and Hilda were adopted as a pair since Hilda helps Herbie get around.
VPC

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Veterinarian makes house calls for ailing pets and owners | 0:48

When pets or their owners can’t go to a veterinarian’s office, this doctor comes to them.
HUMANKIND

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Wink the one-eyed dog has a loving new mom | 0:53

After he was abused as a puppy, which caused him to lose an eye, a woman adopted this Jack Russell Terrier mix to give him a better life.
Humankind

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Mom gets sign from young son who died | 0:55

Jack’s mother was visiting his grave when she asked him to “show mommy a sign.”
HUMANKIND

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Stray cat becomes internet star after joining the fire department | 0:53

The cutest (and hairiest) fire fighter we’ve ever seen.
Humankind

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Tiny puppy rescued from wall will melt your heart | 0:50

This poor pup was stuck in a wall for three days before he was rescued by Good Samaritans.
USA TODAY

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
This dog and his bucket list will make you feel better about the world | 1:16

Four months ago, the vet told him he had three months to live.
Humankind

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
What my holiday weekend looks like | 0:22

Me and my bestie this holiday weekend.
HUMANKIND

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Dog dad needs a vacation | 0:21

Spanky the Bulldog was just trying to catch a break when his bulldog puppies all wanted to play at once.
Humankind

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Mommy dog lends her paw to puppy in training | 0:29

This energetic puppy has a hard time listening to the trainer. So her mom lends a paw.
HUMANKIND

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Baby hawk adopted by natural enemy | 0:38

A baby hawk was adopted by a nest of bald eagles at Shoal Harbor Migratory Bird Sanctuary in British Colombia. The species are usually natural enemies, but have become family in this rare case.
Humankind

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
An elderly dog is a fixture at this assisted living facility | 1:07

When her owner died, this eldery dog remained at the assisted living facility, greeting everyone who comes in the door.
Humankind

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Super cute baby sloth coos at the camera | 0:50

Zoo officials plan to determine the gender of the baby sloth and then host a Facebook poll to name the baby.
HUMANKIND

x

Embed

x

Share

CLOSEHUMANKIND ANIMALS
Pet hedgehog is pampered with a bath | 0:26

How do you bathe your pet hedgehog? With a toothbrush, of course.
HUMANKIND

 

Article source: https://www.usatoday.com/story/news/humankind/2017/09/19/dog-saves-its-family-before-house-burns-ground/680148001/

How a will and living trust will affect your survivors’ ability to sell your home when you’re gone


(Richard Vogel/Associated Press)

I would like to express my appreciation to you for your reply and guidance to a previous question some months back about the documents I needed to obtain from my mortgage company upon payoff of my mortgage.

I followed your advice step-by-step, and at this time, a few months after our mortgage payoff, I am still receiving some of the documents I need. They keep coming (very slowly). I would not have known what to ask for without your guidance and help.

I have another question for you that has been in my mind especially now since we have finished paying our mortgage. I read somewhere it is important to have a will and a living trust if you own property. We already have a will, but is it necessary to obtain a living trust as well?

My husband and I are both retired, hold the house as joint tenants with rights of survivorship, and would like to eventually sell the house and move to a smaller one. We do not want having the trust to interfere in any way in our ability to sell our property.

Also, do you suggest we have a power of attorney for each of us, just in case we are incapacitated by an illness, so that the other spouse can sell the house, etc.?

It’s good to know you have a will in place. While owning the property in joint tenancy with rights of survivorship helps either of you in case the other dies — either of you would become the sole owner of the home should the other die — your will kicks in, when it comes to the property, after both of you die.

Having said that, depending on the size of your estate, using the will to go through probate can be expensive. Once the last of the two of you have died, the executor of that will would go to court and get recognized by the court as the representative of the estate. When it comes time to sell the property, the contract and other proof of what the home is worth might have to be given to the court for the court to authorize the sale of the home. If the probate court allows for the executor to act without court authority, the executor can sell without giving documentation to the court about the pending sale. Eventually, the executor of the estate must present an accounting to the court of all distributions made by the executor to close the estate.

That’s the nutshell for going through probate. To avoid probate people usually put their properties in a living trust. You pay upfront to set up the trust and then transfer title of your real estate and other property to the trust. Upon the death of the owner of the trust, a successor owner is appointed in the documents and you don’t have to go through probate to do anything.

For some people having the living trust is quite worthwhile and in the long run a great money saver. For others, the expense you pay today for the trust may not outweigh the costs of probate, if any, down the line.

A power of attorney would be quite a useful tool to take care of financial matters should one or the other of you find yourselves incapacitated. Powers of attorney for financial matters are not expensive to draw up and can save quite a bit of stress and headaches. Yes, we strongly recommend that you have these documents in place.

We appreciate your kind words about our response to you on how to obtain documents from a prior lender on your home. It sometimes takes quite a while to get all the paperwork together. Keep on top of it and make sure you get everything you need. The most important piece is the release of mortgage or release of trust deed, then the canceled note and canceled mortgage. And don’t forget to cancel having your lender as an additional insured on your homeowner’s insurance policy.

Ilyce Glink is the creator of an 18-part webinar and e-book series called “The Intentional Investor: How to Be Wildly Successful in Real Estate” as well as the author of many books on real estate. She also hosts the “Real Estate Minute” on her YouTube channel. Samuel J. Tamkin is a Chicago-based real estate attorney. Contact them at ThinkGlink.com.

Article source: https://www.washingtonpost.com/news/where-we-live/wp/2017/09/18/how-a-will-and-living-trust-will-affect-your-survivors-ability-to-sell-your-home-when-youre-gone/

Best cashback cards > no fax required > apply now!

Send this to a friend

Article source: http://forwardflorida.com/?yttwnux=1658915264

Judge denies Abraham’s sale injunction

At a hearing that raised questions of illegal document tampering and possible forgery, William D. “Billy” Abraham didn’t get the ruling he needed to undo the recent foreclosure sale of the old railroad depot.

On Thursday, El Paso County Court-at-Law No. 6 Judge Sue Kurita denied the controversial El Paso businessman’s request for an injunction to keep the sale of the Downtown building from going forward.

Judge Kurita raised questions about the legality of a temporary restraining order, or TRO, Abraham obtained from another judge in an attempt to stop the Sept. 5 foreclosure sale at the courthouse.

Despite Abraham’s efforts to prevent that auction, the building at 420 N. Campbell sold for $950,000 to Campbell Depot, a company owned by Steve Santamaria and Patricia “Isha” Rogers.

Through Campbell Depot and attorney Victor Firth, they had bought Abraham’s delinquent note on the building from the Zuni Pueblo in New Mexico.

Then they foreclosed on Abraham to acquire the building.

At the Thursday hearing to uphold or dissolve the TRO, Kurita asked all the questions, starting with Abraham’s lawyer, Joseph Vasquez.

She asked him what he knew about the TRO that his paralegal, Judith French, and Abraham prepared and persuaded County Court-at-Law No. 3 Judge Javier Alvarez to sign Sept. 1.

Kurita observed that rather than stopping a foreclosure sale, the TRO erroneously called for a halt to the eviction of Abraham’s corporation, 420 Campbell LLC, which owned the vacant depot.

“Then, there’s another restraining order that was filed on Sept. 5,” Kurita said, noting that it was a TRO against the foreclosure with a Friday, Sept. 1, signature page, which also bore Alvarez’s signature.

“I need an explanation,” she said.

Vasquez replied, “Judge, I was not notified of the filing of these different orders or anything like that.” He added that he understood there was a problem with the initial TRO signed by Alvarez on Sept. 1.

Kurita asked who was responsible.

“Judith French is the assistant that was working with Mr. Abraham on serving the restraining order,” Vasquez said. “She’s my employee.”

French, he said, took a corrected TRO document on Sept. 5, attached it to the Sept. 1 signature page, and re-filed it with the district clerk’s office shortly before the foreclosure sale that day.

“Did she change the page at your direction?” Judge Kurita asked Vasquez.

“No, sir, I was never aware that a replacement order or a different order was filed,” Vasquez replied, nervously calling Kurita “sir.”

Kurita asked, “Did you have Judge Alvarez’s permission? Did he re-sign this order?”

Vasquez replied, “Judge, I never contacted Judge Alvarez about the second order … I understand we can’t have two pleadings with one signature.”

He also acknowledged that such changes require a judge’s approval.

Continuing her interrogation, Kurita honed in on the fact that while the signature pages of the eviction and foreclosure TROs bore the same date and time and looked very similar, they were not quite the same.

That would mean Alvarez filled out two signature pages or that one was forged.

“I hadn’t noticed that, judge,” Vasquez said.

Kurita said, “So, there’s just a lot of discrepancies, Mr. Vasquez. Since this is my court and you’re an officer of the court, I need an explanation.”

Vasquez said the differences between the two TRO cover pages were due to “typographical errors” made by French and Abraham. But they didn’t tell him what they did to remedy the problem, he said.

“Mr. Vasquez, your signatures are all over the documents!” Kurita said, asking where French and Abraham were because they were not in court.

Vasquez said they were available in the courthouse, and Kurita recessed the hearing for 15 minutes.

When the hearing resumed, there were two uniformed sheriff’s deputies seated in the courtroom.

Kurita called French to the stand.

Under close questioning from Kurita, French haltingly explained that on Sept. 1 she went to Alvarez’s office because Kurita’s office door was locked.

French testified that she was handling three cases, got her papers “jumbled up” and filed the wrong TRO cover sheet and Alvarez’s signature page with the district clerk’s office – a mistake that went unnoticed until the morning of the sale.

A skeptical Kurita questioned how French could have an eviction case and a foreclosure case with the same Campbell Street address and file number that were also signed at the same time by the same judge.

“When did you tell Mr. Vasquez about the mistake,” Kurita asked.

Looking confused, French said, “I don’t know … everything got all mixed together.”

She later said Alvarez actually signed two TRO documents, one for the district clerk and one for Vasquez’s files, and suggested that would explain why the signature pages were slightly different.

After more questions, French admitted that she attached a signature page from the case Alvarez signed Sept. 1 to the corrected TRO she and Abraham created on Sept. 5 and re-filed it.

“Thank you for clearing that up for me,” Kurita said.

Then, Abraham agreed to take the witness stand.

“I believe it was a clerical error,” he said.

He said he was sure Alvarez knew he was signing a TRO to stop the foreclosure sale because he was outside Alvarez’s office and heard French and the judge discussing the old depot.

Abraham said he spotted the fact that they had an order halting an eviction instead of a foreclosure on the morning of the sale. So, he said, he and French prepared a corrected TRO, attached it to the four-day-old signature page and he re-filed it with the clerk’s office.

“I’m interested in your conduct and judgment,” Kurita said, questioning the fact that Abraham, who’s not a lawyer, did all that without consulting his lawyer or the judge.

She also noted that he also sought the TRO without the required sworn affidavit explaining the urgency that called for a TRO.

Kurita told Abraham he could step down and then announced her ruling, listing the errors, questionable actions and deficiencies that had come to light.

“I cannot grant a restraining order to grant an extension to a temporary injunction,” she said. “So the restraining order is dissolved.”

After the hearing, Firth, the attorney who conducted the foreclosure sale, said he knew the TRO was invalid the morning of the sale and that’s why he went forward with it. But he didn’t know about all the details Kurita elicited from the documents, Vasquez, Abraham and French.

“I’ve been handling foreclosures for 30 years, and this is at the top of the list,” he said.

There is still a lawsuit against the sale, he noted.

“We’ll wait and see what happens with this one,” he said.


Email El Paso Inc. reporter David Crowder at dcrowder@elpasoinc.com or call (915) 534-4422, ext. 122 and (915) 630-6622.

Article source: http://www.elpasoinc.com/news/local_news/judge-denies-abraham-s-sale-injunction/article_a83f6ee0-9bcb-11e7-96ce-1b4ad4633fc3.html

DJ had a heart of gold

We all struggle wondering why they don’t choose us, but that’s not it. The demons of addiction are so overwhelming and so strong, sometimes our loved ones just stop fighting, I think.

My brother, Dale “D.J.” Stafford, was a kind, loving soul. When he died, he was alone with his dog Toby in a house where he had rented a room. No one reported his death for hours.

D.J.’s death spiral started long before any of us knew. He started drinking, smoking cigarettes, and smoking marijuana as early as 6th or 7th grade, but my parents had no idea.

Two car accidents, one in his teens and one in his 20s, left him injured and in pain. He had dealt with chronic pain most of his life, having been diagnosed with arthritis as a child. After the accidents, he was prescribed pain medicine.

Sometime after that, he began seeing multiple doctors to get prescriptions for opiates. I think my brother always wanted to check out a little bit. It started with the pot. He learned early how to keep himself from dealing with things, and he needed a bigger high as he got older.

When he married his first wife, Emily, I saw some great changes in him. He had a lot of good in him, and she brought it out. The day they wed was the happiest day of his life, but he didn’t want to give up marijuana. She tried to stick by him, and we will always love her and count her as family.

After their marriage ended, he had some bad relationships.

D.J. and my mother were always close. When she got sick with cancer, he continued to use marijuana to avoid emotional pain, and after she died, I don’t think he wanted to live.

He got married again, but it was a bad relationship that also ended badly.

In 2009, he was in a major accident at the light at state Route 404 and River Road. A tractor-trailer hit him from behind. His car was on fire, and a nurse on her way home from the beach with her children crawled through the flames and glass to get him. His condition was grave. We didn’t know if he would live, walk, or remember anything. He turned a corner, but he remained on a ventilator. His lungs were in poor condition from smoking cigarettes and marijuana.

When he was prescribed opiates for pain, I told him I didn’t want him to overdo it. I didn’t want him to be in pain but he had to learn to live with a certain level of discomfort. He went to rehabilitation after the accident for pain management. When someone has been abusing pain medication for physical and emotional pain management, you can’t just let them go back to using opiates. He wasn’t always happy with me about the regimented rehabilitation for his injuries, but that’s what big sisters are for.

His body physically healed but he couldn’t breathe without an oxygen bottle and he still needed therapy. I had to fight to keep him in the rehabilitation center.

When he came home, he tried to have his life together. He had adopted his second wife’s son. She was incarcerated at the time, and he faced legal battles with her family about whether he was fit to raise his son. The settlement from the accident had not come through, and his house — our childhood home — was in foreclosure. If he worked, he couldn’t get disability, and he needed to keep food on the table for his son.

Sometime during that time, he started to slip away from us. He didn’t want just a patch anymore. He wanted pills again. He stopped asking doctors in Maryland and instead found someone in Seaford who would write him prescriptions again.

Finally, there came a point where he had to appear in court for custody and he had failed several drug tests. One of the hardest parts of being a family member of an addict is giving tough love. I wouldn’t testify that he was fit to raise the child if he failed drug tests. I said, “I love you more than you know but you can’t take care of yourself right now. You need to let him go with his grandparents.” I told him he was on drugs; the house was in foreclosure; and he didn’t have a car. He signed over his rights to his son.

When the accident settlement came in, he went from having no friends, no food, no money for bills to having friends back in full force. They partied for a few months, and then the bank foreclosed on the house because he didn’t make the payments.

He was homeless.

This is the first part of a two-part story. Please read tomorrow’s edition of The Star Democrat for the next part.

If you have a personal story and are willing to share (anonymously is fine) please email talbotgoespurple@gmail.com. To find out more about Talbot Goes Purple, go online to www.talbotgoespurple.org.

Article source: http://www.stardem.com/spotlight/article_a473e0b3-c65e-5ac1-9b48-42c50a1d4ea4.html

More seniors take out loans on home – Concord Monitor

As she was getting on in years and her resources dwindled, Virginia Rayford took out a special kind of mortgage in 2008 that she hoped would help her stay in her three-bedroom Washington, D.C., rowhouse for the rest of her life.

Rayford, 92, took advantage of a federally insured loan called a reverse mortgage that allows cash-strapped seniors to borrow against the equity in their houses that has built up over decades.

But the risks of the financial arrangement are stark – and today the widow finds herself facing foreclosure.

Under the terms of the loan, Rayford can defer paying back her mortgage debt that totals about $416,000 until she dies, sells or moves out. She is, however, responsible for keeping up with other charges – the taxes and insurance on the property.

The loan servicer, Nationstar Mortgage, said Rayford owes $6,004 in unpaid taxes and insurance. If she cannot come up with it, she stands to lose her home.

“I’ve cried a million nights wondering about where I am going to be,” Rayford said.

Across the nation, an increasing number of seniors are facing foreclosure after taking out reverse mortgages, either because they fell behind on property charges or failed to meet other requirements of the complex mortgage loans, according to federal data and interviews with consumer and housing specialists.

“Folks who had expected to age in place and live for the rest of their lives in their home are now having to scramble to find a new place to live,” said Odette Williamson, a staff attorney with the Boston-based National Consumer Law Center, which advocates for consumer justice for low- income people. “People just don’t know where to turn. It’s heartbreaking.”

The federal Department of Housing and Urban Development, which insures most reverse mortgages in the country, said it lacks detailed data on how many homeowners have lost their homes or are facing foreclosure in the program, which was launched in 1989 and covers about 636,000 loans. Nationstar declined to comment for this article.

But a HUD report issued last fall found that nearly 90,000 reverse mortgage loans held by seniors were at least 12 months behind in payment of taxes and insurance and were expected to end in “involuntary termination” in fiscal 2017. That’s more than double the number the year before.

Losses in the senior mortgage program have been a drain on the Federal Housing Administration’s mortgage insurance fund that supports all single-family loan programs, including traditional forward mortgages and reverse mortgages.

HUD spokesman Brian Sullivan said the agency has tightened the requirements to reduce defaults for new loans going forward. It’s a necessary measure as its reverse mortgage portfolio – whose value can go down with defaults or home prices and property values if homes fall into disrepair – was valued last fall at negative $7.7 billion.

Still, he said, reverse mortgages are “a critical resource for seniors who wish to access their accumulated home equity and age in place.”

Before 2015, the only thing homeowners ages 62 and older needed to qualify for a reverse mortgage was equity in their home; lenders weren’t required to determine whether they could afford to maintain their homes or cover tax and insurance payments in the future. Some homeowners used the funds to pay off the original mortgages or ran out of money after covering living expenses over many years. Now HUD requires all borrowers to undergo a financial assessment to qualify, to make sure they will be able to pay their taxes and insurance.

But tens of thousands of troubled loans remain. More than 18 percent of reverse mortgage loans taken out from 2009 to June 2016 are expected to go into default because of unpaid taxes and insurance, according to the HUD report. That compares with less than 3 percent of federally insured loans that are considered seriously delinquent in the traditional mortgage market.

Foreclosures on these mortgages have been on the rise after a 2011 mandate from HUD requiring loan servicers to work out a repayment plan with seniors in tax and insurance default – or to foreclose if there is no way to help them.

Rayford, who is fighting to keep her Washington home, obtained a reverse mortgage in 2008 to pay off a $41,000 traditional mortgage and refinanced in 2011 to retire that loan and cover other expenses, receiving a one-time lump sum of about $60,000.

Rayford said she knew she was supposed to pay taxes but fell behind in 2013 following family financial troubles. She sought a repayment plan from her loan servicer, which denied the application, saying she couldn’t afford the monthly payments.

Rayford is awaiting word on her request to stop the pending foreclosure. She hopes to stay in the home she’s lived in since 1979.

“I would love to stay here until I close my eyes,” she said.

Article source: http://www.concordmonitor.com/More-seniors-are-taking-loans-against-their-homes--and-it-s-costing-them-12518350