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Victory over Villains

By
Real Estate Agent with Falcon Property Company

The Way Things Were

In the late 90s, loans were easy to get, easy to lose, and disreputable Realtors and investors came out of the woodwork like cockroaches to buy them from unsuspecting homeowners. 

If your mortgage was over ninety days past due, it became a matter of public record. The more equity you had, the more susceptible you were to the insidious racketeers who were adept at making a quick buck and callously leaving destruction in their wake.

I had known John casually for years. An at-risk adult who lived on his own in a house his grandmother deeded to him when she passed. He was a simple man who walked or rode his bike to the same job every day for decades. He was also an alcoholic.

His disgusting son moved in with him and took advantage for months. When he left, he stole John's identity and all of his life savings. 

His banker had known John's family for decades and gave John a small $15,000 loan secured against his home that was worth about $225,000 at the time. Having never had a mortgage previously, John was oblivious about paying it back. He ignored the notices that piled up. 

Then he ignored the phone calls and the knocks on the door and the letters. The scavengers smelled blood in the water when they saw on the Election and Demand list that there was a lot of equity in John's humble abode in a desirable part of town.

The Set Up

One shark was smarter than the others. He sat on John's porch and waited for him to come home. Mr. Charlatan pulled on a cloak of graciousness and offered to help John out of his troubles. "Your house needs some work, John, but I'll tell you what. I'll come back tomorrow with $100,000 cash and buy your house. And I see you're walking everywhere, I'll even throw in a car."

Thinking his troubles were behind him, John expectantly opened the door to Mr. Charlatan the following morning. Of course Mr. C wanted to see the house first. "Oh, John, you didn't tell me the house was in such bad shape. It needs a new roof, plumbing, electrical, drywall, carpeting. To say nothing of getting the thousands of beer bottles out of here. I'll still buy the house from you - for $1,000 and the bike I brought that's outside."

Thrown for a loop, John didn't know what to do. Mr. Charlatan opened the front door and there stood Mrs. Charlatan who just happened to be a Notary Public. She had a completed Quit Claim Deed that only needed his signature. They told him, however, that if he didn't sign it right now, the bank representatives were going to be there at noon. They would put him out on the street and he would have nothing. (John actually still had months before that would have happened.)

Being the magnanimous souls they were, they gave John thirty days rent free to find another place to live. Scared, he signed the document and it was "officially" notarized. 

A few weeks later, a fix-and-flip client called to let me know about a property he was getting from a private investor. The more he told me, the more suspicious it sounded. Finding out it was John's house, and with my client's full permission, I called everyone in the phonebook with John's last name until I found a brother. No one in the large family had any idea John was in trouble.

The Victory

Furious when I heard the story, and knowing all the players involved, I had had enough. I put on my Crusader helmet and went after Mr. Charlatan and his partners in crime. 

I pulled in favors from two friends who were lawyers. Both agreed to represent John pro bono. In a stroke of brilliance, one had John declared incompetent and his brother appointed legal guardian.

In an almost unheard of stroke of good luck, the other had the Quit Claim Deed overturned. John's family had to pay Mr. Charlatan the monies he had given John and the cost of bringing the mortgage current. Mr. C got a slap on the wrist, but was not prosecuted because the Court deemed there was no coercion and John had signed the QCD voluntarily!!!

I sat silently, angrily hearing the verdict. But John had his house back and that was a victory, indeed. It was my first foray into real estate Crusadership and it was glorious. There were several other victories, but that part of my career was short-lived. This story is the reason I got out of the Crusader-business. 

Michael Layton
RE/MAX Desert Properties - Palm Springs, CA
Experience and Trust

Good for you! I helped a family back in 2008 that had been drug through hell and back trying to do a loan modification (there had been a short period of unemployment but they were already back on track and catching things up). The Bank wound up evicting them but we got them with the right people and eventually, it was reversed and they moved back in. I was so happy for them. One of my best days ever.

Mar 11, 2023 09:45 AM
Mimi Foster

Wow! What a story! Like the guy who foreclosed on Wells Fargo and won! That makes our jobs so very rewarding! GOOD ON YOU!!

Mar 11, 2023 09:54 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

I can't wait to hear more. I was happy to hear John got his house back. Whew!

Mar 11, 2023 09:54 AM
Mimi Foster

Thanks, Kat Palmiotti. I was going to do the positive ones for this month's AR Challenge. But I may go ahead and write that one now. It's quite the story.

Mar 11, 2023 10:03 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

What other profession other than real estate could we make such a huge and impactful difference in people's lives?  Isn't it wonderful?  

Thank you for your second entry to the March Challenge.

Mar 11, 2023 10:04 AM
Mimi Foster

Seriously, Kathleen Daniels, Probate & Trust Specialist. So rewarding.

Mar 11, 2023 05:39 PM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

I love a story with a happy ending. Thanks for sharing!

Mar 11, 2023 10:31 AM
Mimi Foster

Thanks for stopping by, Marte Cliff! Hope you're well.

Mar 11, 2023 05:39 PM
Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

Mimi Foster- you must have angel wings the way you swoop down to find solutions and there is nothing easy about what you do. John was lucky to get his house back! Hurray for Victory! Mimi saved the day!

We tell others buying or owning a home is the biggest investment of their lives but... there are a lot of buts that come up that many people like John was not prepared for. Lucky for him, you were able to intervene. I'm looking forward to reading the rest of the story.

Thank you for your second entry. 

Mar 11, 2023 10:34 AM
Patricia Feager, MBA, CRS, GRI,MRP

Mimi Foster - you have a good attitude and when it comes to clients, your heart is in the right place. 

This March Challenge has been very eye-opening and I am beginning to appreciate the intelligence and capabilities of so many more AR Members. I have to say, AR Members are the reason why ActiveRain is so successful. 

Mar 11, 2023 05:50 PM
Mimi Foster

There are so many here, Patricia Feager, MBA, CRS, GRI,MRP, who do so much more than just help people buy and sell houses. We are so involved with their lives, and the intimacies of their situations. Like Michael Layton's story (the first comment on this post). It's their very lives that are affected. Thanks for running the contest and helping us show it's not just about putting a sign in the yard.

ALSO! There are so many good stories I've never told before. It's a good excuse for blogging again 😄

Mar 11, 2023 05:58 PM
Mimi Foster

And we go about our lives as intelligent, capable adults. But there are so many who aren't, Patricia Feager, MBA, CRS, GRI,MRP, and they just don't understand the 'rules.' I have often thought how fortuitous it was that it was my client who was buying it, and that he was gracious enough to back out when he knew what was happening.

Mar 11, 2023 05:42 PM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hello Mimi - not every crusader wears a cape.

Mar 11, 2023 10:53 AM
Mimi Foster

Good to see you, Michael Jacobs. Thanks for your comment.

Mar 11, 2023 05:44 PM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Hi Mimi:

That is quite a story but so glad to hear how you got involved and helped bring about a much happier ending for John and family.

Jeff

Mar 11, 2023 11:52 AM
Mimi Foster

Seems all the stars aligned for this to work out, Jeff Dowler, CRS 

Mar 11, 2023 05:44 PM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good afternoon Mimi,

Wow..waht a story! I can't wait to hear more and what happened. I was thrilled to hear John got his house back. But sadded the villians got by with a slap on the wrist!

Mar 11, 2023 12:37 PM
Mimi Foster

This was probably 25 years ago, Dorie Dillard Austin TX. I just checked our MLS. The ringleader still has his license!

Mar 11, 2023 05:45 PM
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

I love these kind of stories Mimi!  You my dear are a rock star!  Making things right for John was so awesome.  Sure it took a team but you're the one that smelled a rat and got the trap set. So glad he got his home back.  As for the rats - they'll mess up again and maybe next time it will be more that just a slap on their tail - bam.

Mar 11, 2023 03:47 PM
Mimi Foster

As I just mentioned to Dorie, Anna Banana Kruchten Phoenix Broker, I just checked and the ringleader still has his license. But I'll get the follow-up written in the next day or two, and you'll see why I'm no longer involved.

Mar 11, 2023 05:48 PM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Mimi- it makes my blood boil when I read of scavengers and vultures who would take advantage of people much less someone who is incapable of fighting his own battles. Thank you for donning your Crusader Cape!!!!!  Keep it handy!

Mar 11, 2023 06:09 PM
Mimi Foster

If you asked me what are the things I hate most, Kathy Streib, near the top of the list would have to be bullies and people who prey on the less fortunate. These guys have been in town for decades. Most have lost their licenses, but they're still doing the same things under the license of the ringleader. So many stories to tell about them, so many of the situations did not have as good an ending. 

Mar 11, 2023 06:33 PM
Kathy Streib

Mimi=well...I'm ready to read more stories, especially when you crusade for those who cannot help themselves. 

Mar 11, 2023 06:37 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Mimi what a story, and as the saying goes you could not make this up, it is so unreal, but not surprising all in the day of a Realtor, Congratulations on getting the house back too bad the bastards did not spend time in the state or federal institutions, Endre

Mar 11, 2023 08:33 PM
Mimi Foster

Hardly even a slap on the wrists, Endre Barath, Jr. And they are still doing it. 

Mar 14, 2023 11:23 AM
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

Again, remember my comment on the last post about how Mr. Charlatan, and his ilk ("wife" included) should be convicted to help lay roads in Arizona from March until September?  That comment applies here.  Just cut and paste. 

 

And as to the phone book - I know you're young.  Do you still sit on the phone book?  Sure, go ahead and pretend I didn't get the decade context of the post.  The question stands.

Mar 12, 2023 03:49 AM
Kat Palmiotti

Nice to see you here Jay Markanich !

Mar 12, 2023 05:18 AM
Mimi Foster

Good catch, Jay Markanich. I wondered if anyone would notice 😀 It would be different now trying to do that same kind of search. I had something brilliant I was going to say to you, but I can't remember it now. Age is catching up with me QUICKLY. 

Oh! This was one thing I was going to tell you. I was sitting in a waiting room at a doctor's office the other day and a man at the counter said his birthday was April 13, 1953 (boy did he look OLD!). I said, "Oh! Mine's the 14th!" The lady next to me said, "Oh! Mine's the 12th!" All 1953. The 13th gave me a snarly look and went and sat down. I wanted to tell him that people born on the 13th were usually much nicer than he, but decided to let it drop. 😄

Mar 12, 2023 04:22 PM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Oh wow, Mimi! You were truly a crusader with angel wings to right this wrong. I can't think of too many people who would have come to the rescue as you did.

Mar 12, 2023 06:31 AM
Mimi Foster

I knew this was happening with other people, Nina Hollander, Broker, and I was always too late, but I couldn't just walk away. This was one of the good results. Many others were not so fortunate.

Mar 14, 2023 11:20 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Mimi, was close to tears reading this story. It's amazing how those closet to you can cause the most harm and then there are the vultures...

Glad you were there to fight John's fight and win!

Mar 12, 2023 06:07 PM
Mimi Foster

Yeah, besides the bad guys, Wanda Kubat-Nerdin - Wanda Can!, all of this started because of his disgusting son. Thanks for recognizing that.

Mar 14, 2023 11:22 AM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

Oh, what a story and so fortunate that John had his good angel there to keep him in his home and get current with the bank

Mar 14, 2023 10:43 AM
Mimi Foster

Thank you, Ed Silva. They were truly diabolical. 

Mar 14, 2023 11:26 AM
Ray Henson
eXp Realty of California, Inc. (lic. #01878277) - Elk Grove, CA
Realtor

Well done, Mimi Foster.  It is good to hear that you won one for the good guys.  I do wonder what Mr. Charlatan would have had to do for the judge to consider what happened coercion.  I look forward to reading your next story.  

Mar 16, 2023 07:48 AM
Mimi Foster

Ray Henson - Here was the reason I got "out of the business." 

The Rest of the Story

Mar 16, 2023 09:07 AM