Thursday, June 30, 2016

Ejectment: How Squatters Hurt Everyone Else

Most of us our well aware of the very real damage that predatory lenders can do to everyone. Or unlicensed mortgage brokers who conned banks into extending credit to home buyers, knowing that the loan will never be paid. All of this contributed to the collapse of the real estate bubble, which hurled us all into the Great Recession. But there are people who take advantage of the system, too. They use every trick in the book to get something for nothing.

I'm not referring to the mythical welfare queen made famous by Ronald Reagan, but real people who come in all shapes and colors.  They end up costing all of us money, and in some cases, they cost people their lives.

Consider this. A couple purchased a home in Upper Mount Bethel in 2005, which was secured by a mortgage. Everything was hunky dory. But about 2 1/2 years ago, they refinanced the property with a local credit union, paid off their original mortgage and decided to just ignore the new one.

The credit union was forced to file a mortgage foreclosure action, to which this couple responded with bullshit claims that it had paid, that their money had been stolen. After two years of refusing to pay their mortgage, the credit unionbought the property at Sheriff Sale.with the couple still living there.

Desiring to get out of this mess as quickly as possible the credit union sold it to my friend, Ron Angle  He approached these squatters, and they gave him song and dance every time he stopped by. The fellow was waiting for a big union pension that never seemed to come. In the meantime, the couple was unwilling to even pay rent on a decent and secluded home on 2.3 acres.

Angle brought an ejectment action, which is the kind of action filed to remove a squatter. At a non jury trial in June, the couple came. But before the trial could get under way, the husband pulled a Fred Sanford. He grabbed his chest and shouted, "I'm coming, Elizabeth!. It's the big one!" He then hurled himself on the floor

Deputy sheriffs and paramedics raced to this freeloader's assistance, and he was strapped in a gurney and rolled away to a waiting ambulance.

He was released from the hospital that very day, and was home in time for lunch.

Instead of continuing this case to September, President Judge Stephen Baratta listed it again just a few weeks later. This time the couple never bothered to show up, though they had spoken to Angle the day before.

Judge Baratta granted ejectment, but gave the couple ten days to find a new home. Angle visited them several times, and was always told that they'd be out the next day.

Yesterday, Angle came again. But this time, he was accompanied by a locksmith and five deputy sheriffs wearing body armor. They were there to remove this couple, and used me as a human shield.

Obviously, an ejectment can get ugly so you need several deputies who have to be trained and ready for anything, as is certainly the case in Northampton County.

Though the air conditioner was going full blast, no one was at home. When Angle got in, he was greeted by two dogs who the owners left behind along with tons of garbage.

All locks were changed but one, and the deadbeat came back a few hours later and went through that door. Then he called Angle and threatened to kill him.

That's nice. Angle made sure he took his dogs and now all doors are secured.

In the end, these deadbeats ended up staying in a home for 2 1/2 years without paying a dime.

These are the people who make it difficult for everyone to get loans. They drive up our real estate taxes, and the make deputy sheriffs very insecure.  


Anonymous said...

There is nothing worse than public embarrassment. Their names should be mentioned.

Bernie O'Hare said...

I could but won't name them.

Anonymous said...

How the Hell does Angle rate five Sheriffs when other folks won't get any help? This guy knows who's wheels to grease. You painting him as a saint, yet somehow he really knows how to play the system and have the taxpayers foot the bill for his own private police force. Hopefully, he will be billed by the County. Don't hold your breath.

Bernie O'Hare said...

It would be foolhardy for sheriffs to send just one or two deputies to an ejectment, especially in a rural area. Angle pays the same as everyone else does for a writ of possession. It is paid before the sheriff lifts a finger. No special favors for anyone. He is not the one playing games, but the squatters. You missed that bc you are full of hate. I did not make him out to be a saint.

Anonymous said...

Kevin and Susan Degenaro

Ramma Ramma Ding Dong said...

Bernie, aren't you a squatter, typically on the way home, in the woods?

Anonymous said...

Can you find out what Angle did with the dogs?

Anonymous said...

Being lied to is an every day occurrence for a landlord. When money is involved and they don't have it, they lie.

Bernie O'Hare said...

When the squatter called Ron to threaten him and broke into the house, Angle made sure he took back his dogs.Otherwise, he would likely have ended up with two more dogs bc the closest SPCA is in Philly.

Bernie O'Hare said...

I should say that the closest SPCA that had room for dogs is in Phiy. There's one in Easton, but it is full.

Anonymous said...

It is nice when good wholesome folks have the spotlight turned on them. Wifey was leading the anit-Ron poop deal with claims of pollution toxic this and that "I'm protecting the environment" In reality the property was full of dead cars, trash and they were burning said trash within ten feet of their well. The same well that was such a concern. Funny how people who are so worried about what everyone else is doing seem to be the biggest offenders. You reap what you sow.

Anonymous said...

Your love of all things Angle continues to define you.

Jamie Kelton said...

In Atlanta where my sister-in-law lives, "squatters" are put in handcuffs and hauled to jail by the Sheriff's department for breaking-into private property and trespassing.

Apparantley here in PA the law plays games with them.

Anonymous said...

Wow- he got that property for a steal! Will make a nice profit if and when he chooses to sell it.

JoAnnKennedy said...

Ronald Gillis Understand one thing Susan, in theory and in general, I agree with this sentiment, HOWEVER, and it is a big however, most credit unions and smaller banks are also committing fraud and part of the problem as well. No they don't steal as much and WF, BOA, Chase, etc, however, if your in that smaller number that is stolen from, is it any less devastating? Just don't overlook this aspect as well!! We need to fix our government, monetary system, election system, and basically an entire overhaul of everything.
Like · Reply · 1 hr
Susan Richardson
Susan Richardson Yes! I thought going into MERS would make eyes glaze over. However, if 75% of big bank customers moved money out this week, change would be immediate.

FYI Ronald Gillis is FL State REp 137 What I am saying is that these people may be taking advantage of situation, or they may have a legit reason to stay put, if you read the Fannie Mae Manual, or even the Wells Fargo manual, the GSE contracted attorneys do not get the home if it is still occupied. I certainly do hope that the credit union sent an ACT 6 or ACT 91 Statute of Limitatons is 15 years, and even the PA state constitution Insolvent Debtors
Section 16.

The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be prescribed by law.
Ex Post Facto Laws; Impairment of Contracts
Section 17.

No ex post facto law, nor any law impairing the obligation of contracts, or making irrevocable any grant of special privileges or immunities, shall be passed.

I hope for Ron's sake that fraud is not involved Prof. Adam Levitin: Federal regulators don’t want to know, so they won’t have to act. & "Our courts should not be collection agencies for crooks." — John Waihee, Governor of Hawaii, 1986-1994.

Anonymous said...

A lone constable does evictions ejectments all the time, even in rural areas.

JoAnnKennedy said...

5 has expired. In such cases, the defendant’s possession is derivative of the plaintiff’s title, and the defendant is not permitted to challenge it. Emerick v. Tavener, 50 Va. (9 Gratt.) 220, 223 (1852). However, a plaintiff in the second class of cases, who claims a right of possession acquired after the defendant’s original, lawful entry, must show the validity of that right. When the plaintiff’s after-acquired right of possession is based on a claim of title, the plaintiff may be required to establish the validity of that title. Corbett v. Nutt, 59 Va. (18 Gratt.) 624, 648 (1868).
Actions for unlawful detainer in the foreclosure context generally fall into this category.

Where the right of possession depends solely upon a claim of title, the question of whether that title is valid is a threshold question in an unlawful detainer action. While a court’s resolution of that question in an unlawful detainer action may not, by statute, be preclusive in actions for ejectment or to quiet title, the court trying the unlawful detainer action nevertheless must weigh the parties’ competing arguments about validity to determine whether a plaintiff’s prima facie right of possession evidenced by a trustee’s deed has been rebutted by the defendant.
In her opinion concurring in part and dissenting in part, Justice McClanahan overlooks this distinction between (1) the unlawful detainer plaintiff who once held both title and possession and thereafter yielded possession temporarily, on terms, to the unlawful detainer defendant who continues to hold possession in violation of those terms, and (2) the unlawful detainer plaintiff who never held possession and claims a right of possession based solely upon a claim that he acquired title after the defendant lawfully entered. While the first plaintiff may bring an unlawful detainer action to “recover” possession, the second cannot--because he never had it to begin with. The latter plaintiff can only bring such an action to “obtain” possession for the first time. When he does so, the validity of his claimed right of possession cannot be severed from the validity of his claimed title, because his title is the only thing from which any right of possession appears. Thus, it is he, the unlawful detainer plaintiff, who by seeking to oust the defendant of possession (based upon a claim of after-acquired title) seeks to establish complete title (in the terms of Pannill v. Coles, 81 Va. (6 Hans.) 380, 384 (1886)), by “unit[ing] in himself the possession, the right of possession, and also the right of property.” 2 William Blackstone, Commentaries *198. In the specific context of a foreclosure, the foreclosure purchaser plaintiff comes to court claiming a right of possession based on a claim of legal title, itself based on the trustee’s deed by which the trustee has ostensibly conveyed to the foreclosure purchaser the legal title conveyed in the deed of trust to the trustee by the defending homeowner. Meanwhile, the defending homeowner has possession, which the foreclosure purchaser plaintiff seeks to oust. The question of which of the two parties is entitled to possession is inextricably intertwined with the validity of the foreclosure purchaser’s title
Parrish v. FNMA 6/16/2016

Anonymous said...

Now the picture is clear. If in fact the family was protesting one of Angles schemes it is no surprise he now owns their property. His reputation is well known by oldsters up here in the slate belt. He has made a fortune off the misfortunes of others. The fact that the Bank went to him and he had all this help form the county is no surprise. His wheeling and dealings have made him a millionaire. Question is how many victims have been left at the side of the road.

You try to re-write history but older people up here know all about the mouth that roars and the damage he can do.

Bernie O'Hare said...

You must be one of the deadbeats wjo tried to play the system. The fact is these folks pretended they were against sludge when they were doing far worse things on their property. Because they are phonies, they turned around and decided to support it later in the game. The fact is they did not pay a mortgage for two years, and did not pay one dime to Angle after he became the owner of the property, thus living rent free for two yers. The fact is that these are the kind of deadbeats who drive up interest rates and court costs. The fact is that Angle exercised the same remedies available to everyone. The fact is that these people lied from the beginning to the end, but to a person like you, who does not identify himself, or hearself, deadbeats are ok.

Bernie O'Hare said...

"A lone constable does evictions ejectments all the time, even in rural areas."

I would not decide policy in the sheriff's office based on what some lone constable does. What you describe is very foolish.

Anonymous said...

The TENANTS ARE SCUM BAGS... SCAMERS AND LIARS.... to stand in front of the community with the "sludge" an pull this sleeze......

JoAnnKennedy said...

the system we have in place is nefarious at best, I have done extensive research along with others like David Dayen, author of Chain of Title, Scott Stafne, Neil Garfield, Matt Weidner who actually stood in the Florida Supreme Court and held up a mortgage note that had been securitized and asked the Honorable Judges if it was a UCC-3 or UCC -9? It's why Mayor Sal Panto can't find the bank in the public records or get a response to the many tax bills that go thru the mail and then are not paid. There are plenty of deadbeats and scum bags out there, on both side of the fence. However, you bring up a point that needs to be addressed, Where is the wet blue ink note? and is it filed as Nancy Becker of Montgomery county pointed out (as MERS, in accordance to the Fannie Mae Service guide MERS is the conduit that gubbermint uses to morph a UCC 3 non negotiable instrument to a UCC-9 RMS for the PSA pool, ) is not lawful in the Commonwealth, when she filed (coincidentally Montgomery got settlement for all filing fees that were never paid a handsome sum of money for a county general fund). And where is the encumbrance ? Here is what Charles Koppa wrote to me —–
We formed when I realized that “The Title Insurance Industry”, “MERS”, and “Foreclosure Attorney-Trustees” had co-conspired with loan servicers at the expense of both home owners and investors “No paper trail, no government compliance, no knowledge of the REMIC investors, no knowledge of the borrower, etc”.

SEVEN Potential crimes by a pattern of dozens of unethical financial services “players”:
1. CONVERSION of Loan Obligations into “unsecured” electronic lien securitizations.
2. FALSE CLAIMS using Bond Certificates as Liens to control “secured” Land Titles at 125% value of the original promissory note and First Trust Deed.
3. FORGERY, FABRICATION, FRAUD and PERJURY in many documents filed in Public Records and Court Histories.
4. MISREPRESENTATION of Wall Street liens (soft assets) as rights to Real Property (hard assets).
5. EMBEZZLEMENT of 20% homeowner real property equity at false public auctions of virtual and phantom liens.
6. RICO violations by virtual SPE/SPV families commandeered by a dozen Wall Street Banksters’.
7. COLLUSION between ALTA, ABA, MERS, UTA and most state Bar/Judicial associations.

someone should forward this with my approval to poor Sal Panto and every other political sub division who needs to find the true answers to why the general fund kitty is so very low

JoAnnKennedy said...

oh Happy 4th of July everyone

Peter J.Cochran said...

Zombie mortgage