Beating Mr. Diabolical. A Win for the Good Guys.

By
Real Estate Agent with Falcon Property Solutions

Back in the late 90's, it was easier to take advantage of homeowners who were in trouble on their mortgages. The more equity they had, the more they became prey to the crooks and bad guys.

If someone was 90 days past due on their loan, it became a matter of public record. They then had 75 days to bring their loan current before it went to Public Trustee Sale. (I believe those were the correct time frames. The laws changed many years ago to prevent what was happening in the marketplace.)

Sam was an at-risk adult who was also an alcoholic. He lived free and clear in the house his grandmother had left him - until his son stole his identity and all his life savings. Having known the family for decades, the family banker gave Sam a small ($15,000) equity line of credit against the property which had a market value at the time of about $225,000.

signing QCDBeing a simple man, Sam forgot he was supposed to make monthly payments, and never opened any of the notices sent by the bank. When his plight became a matter of public record, the vultures swooped in to try to relieve him of his home. 

He didn't answer his phone, he didn't open the dozens of pieces of mail that came in the first few days. Enter Mr. Diabolical who sat on Sam's front porch until he came home from work. 

"Hey, Sam. I understand you're having some troubles. I'd like to help you out. I'll come back tomorrow with $100,000 in cash to buy your house. And I see you're walking everywhere. I'll even throw in a car."

Thinking his troubles were finally over, Sam opened the door to Mr. D the following morning. Mr. D, of course, wanted to see the place first. "Oh, Sam, you didn't tell me this place was in such bad shape. The roof is bad, the plumbing is leaking, the walls are cracked, the carpet is torn up, and the electrical will have to be replaced. To say nothing of the thousands of empty beer bottles we'll have to get rid of. It's going to take tens of thousands of dollars to fix it. Being the generous soul I am, I'll still give you $1,000 and the bike outside, and I'll pay off your mortgage to the bank." 

Sam hesitated, and Mr. D opened the front door. There stood Ms. Notary Public with a Quit Claim Deed all filled out. All he had to do was sign it to get his money. BUT, they told him, if he didn't sign it right now, the people from the bank were going to be there at noon to kick him out and take his house. Sam, scared and not knowing what to do, signed the document and had it notarized.

ThiefMy client called to tell me about a fantastic deal she was getting on a property from a private investor. Feeling like something dishonest was going on, I investigated further. I found out that Sam had lost his house. I called everyone in the local phone book with Sam's last name until I found a brother who had no idea Sam was going through this.

With my client's permission, I went after Mr. D and his cohorts. I pulled in a favor from two friends who were lawyers who agreed to represent Sam pro bono. One had Sam declared incompetent and his brother appointed his guardian. 

The other, in an amazing victory for the good guys, had the Quit Claim Deed overturned. The penalty for Mr. D? He was paid back all the monies he had given Sam and the cost of the mortgage he'd brought current, and was told never to do it again. He was not prosecuted because Sam had signed the Quit Claim Deed. (unbelievable)

Thus began my brief career in removing the bad guys from the streets. Lesson learned: If there's money available, someone can figure out a way to steal it.

If you don't already, be sure to follow me (click on the green house below) to find out what happened in the next few encounters, and why I got out of the 'crook hunting' business.

Posted by

Selling homes throughout Colorado Springs, Old Colorado City, Manitou Springs, and surrounding areas

 

     

Mimi Foster

(719) 460-7570

CALL OR TEXT

Mimi has received the honor of being voted one of the best Realtors in Colorado Springs five years in a row. With over two decades of experience, she is committed to making the home buying/selling process as painless and enjoyable as possible. Read Full Bio…

CoSpringsRealEstateNews.com

If not completely satisfied, cancel
and get double your money back.

Comments (50)

Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Mimi. There are no shortages of stories like this one, fortunately the person reached out to you.

Apr 12, 2016 07:43 PM
James Dray
Fathom Realty - Bentonville, AR
Exceptional Agents, Outstanding Results

Good morning Mimi.  I several years ago, would have said unbelievable, but not today.

Apr 12, 2016 08:24 PM
Scott Fogleman
New Home Team 804-573-9592 - Richmond, VA
Greater Good Group

Wow, what a story. Glad it had a good ending for Sam and its great you were there to help out..

Apr 12, 2016 09:24 PM
Cindy Edwards
RE/MAX Checkmate - Johnson City, TN
CRS, GRI, PMN - Northeast Tennessee - 423-677-6677

Crazy stuff.  Sometimes I just have to shake my head.  Money can really make people a little insane.

Apr 12, 2016 09:35 PM
Greg Mona
eXp Realty - Scottsdale, AZ
Professional Real Estate Representation for YOU!

Great story Mimi Foster!  You certainly went above and beyond in this instance. It's nice to know there are professionals like you out there fighting the good fight. Blessings to you!

Apr 13, 2016 01:21 AM
Gary Woltal
Keller Williams Realty - Flower Mound, TX
Assoc. Broker Realtor SFR Dallas Ft. Worth

There are unscrupulous people everywhere; let the buyer beware!

Apr 13, 2016 01:32 AM
M.C. Dwyer
Century 21 Showcase REALTORs - Felton, CA
MC Dwyer-Santa Cruz Mountains Property Specialist

Wow - some people are disgustingly greedy.    How could someone like that even sleep at night?    You were really an angel to find Sam some pro-bono attorneys.  

Apr 13, 2016 03:22 AM
Marilyn O'Donoghue
Long & Foster Avalon - Avalon, NJ

What a sad story.  Poor Sam.  I also think this points to the lack of education and knowledge about equity and the mortgage process.  Thank you for putting the system to work for Sam.

Apr 13, 2016 04:29 AM
Theresa Akin
CORPUS CHRISTI REALTY GROUP - Corpus Christi, TX

Great story. Hate when family takes advantage of family. Now if we could get rid of the squatters faster than they move in.

Apr 13, 2016 07:14 AM
Gayle Rich-Boxman Fishhawk Lake Real Estate
John L Scott Market Center - Birkenfeld, OR
"Your Local Expert!" 503-755-2905

Just got done with my 30 hours of CE credits and this was one of those typical scams that they talked about...bait&switch kind of thing, phantom help, bail-out and bankruptcy were the ones that were touched on in several of my courses. Predators, FOR SURE. And what pisses me off (sorry) is that he didn't go to prison for this. 

Apr 13, 2016 12:05 PM
Mimi Foster

Not only did he not go to prison, Gayle, but he spent years continuing in his dishonest ways.

Apr 16, 2016 01:30 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate - St. George, UT
So Utah Residential, Referral & Relocation REALTOR

These are the types I wish to avoid. Talk about kicking someone when they're down Mimi!

Apr 13, 2016 12:52 PM
Tammy Adams ~ Realtor / Podcaster
Maricopa Real Estate Co - Maricopa, AZ
A Maricopa Agent who Works, Lives & Loves Maricopa

wow, that is crazy. Kudos to you for jumping in and helping. Amazing what people will do. 

Apr 13, 2016 01:22 PM
Janis Borgueta
Key Properties of the Hudson Valley - Newburgh, NY
LIC RE Salesperson

Oh the vultures lurk on the sides lines waiting for a chance to swoop in. Glad to hear you kept this guy from getting his dinner, but sad that he didn't go to prison.

Apr 13, 2016 01:24 PM
Terry McCarley
Coastal Real Estate - Cape Coral FL - Cape Coral, FL
REALTOR, SRES, CDPE - Cape Coral, FL

What a heart breaking story but I am thankful you stepped in and the story had a happy ending

Apr 13, 2016 10:40 PM
Gayle Rich-Boxman Fishhawk Lake Real Estate
John L Scott Market Center - Birkenfeld, OR
"Your Local Expert!" 503-755-2905

I linked to this post in mine today! Are we ever OVEREDUCATED?

Apr 14, 2016 05:24 AM
Mimi Foster

Thanks, honey! running out the door for my birthday party. I'll read it when I get home!

Apr 14, 2016 05:27 AM
Sussie Sutton
David Tracy Real Estate - Houston, TX
David Tracy Real Estate for Buyers & Sellers

You are right Mimi  there is ALWAYS someone out there figuring a way to cheat someone or the system. It's disgusting. I sometimes sit back and wonder how do they think these things up? Just get a job! 

Apr 15, 2016 01:10 AM
Mimi Foster

I wouldn't want them working for me, Sussie 

Apr 15, 2016 11:49 AM
Dan Derito
Success! Real Estate - Brockton, MA

Doing the right thing is always a good feeling, and I'm sure you will get double your reward in good time Mimi.  It does make you wonder how many times these things happen and there isn't someone like you to stick up for the victim.

Apr 15, 2016 11:38 AM
Mimi Foster

I know of so many instances. As I followed 'the bad guys,' I heard SO MANY stories of people who hadn't been as fortunate as Sam.

Apr 15, 2016 11:49 AM
Bill Roberts
Brooks and Dunphy Real Estate - Oceanside, CA
"Baby Boomer" Retirement Planner

Hi Mimi Foster wow. You are the greatest. I would have felt bad for Sam, but I doubt that I would have taken the initiative to "correct" the situation. I am proud to know you.

Bill Roberts

Apr 16, 2016 12:15 AM
Mimi Foster

How does one answer that, Bill?  Thank you! But I can't imagine not having done something

Apr 16, 2016 01:31 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

There are certain techniques taught as marketing even to us agents that I have always felt uncomfortable with.  They may not be as over the top as this, but I think they are still taking advantage of people.  

Apr 16, 2016 01:35 PM
Pamela Seley
West Coast Realty Division - Murrieta, CA
Residential Real Estate Agent serving SW RivCo CA

If I hadn't read your story, Mimi, I wouldn't have googled a certain mortgage fraudster in my market area who I can't believe isn't behind bars yet, but out selling propaganda with a new website and donate button. Unbelievable. 

Apr 24, 2016 06:50 PM

What's the reason you're reporting this blog entry?

Are you sure you want to report this blog entry as spam?