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Entries in Eviction (3)

Wednesday
May152013

Granddaughter Helps Man, 91, Raise Money to Prevent Eviction

Courtesy: Jaclyn Fraley(ZALESKI, Ohio) -- A 91-year-old man wants to stop his daughter from evicting him from the home he built 56 years ago in Zaleski, Ohio, a small community south of Columbus.

In 2004, John Potter and his wife, who has since died, gave the general power of attorney to his daughter for future matters if they declined in health, including to take care of her autistic adult brother, now 63.

But unbeknownst to Potter, his daughter Janice Cottrill eventually used that power to convey the deed to the one-story home to herself. In 2010, Potter said he learned of the deed transfer and switched power of attorney to his granddaughter, Jaclyn Fraley, now 35.

Potter, a World War II veteran and retired train dispatcher for the Baltimore & Ohio Railroad, sued to get the home back, arguing that his daughter had transferred the deed to herself illegally because those with the power of attorney are not permitted to transfer assets to themselves from the estate they oversee.

Potter won in Vinton County Court, but an appeals court ruled last year that the statute of limitations of four years had passed on the accusation of fraud and thus the deed could not be handed back to Potter.

Early this year, his daughter and her husband sent Potter an eviction notice, saying they had terminated his "existing lease." An eviction hearing will take place on June 12, during which the judge will have no choice but to evict Potter, Fraley told ABC News.

When asked how he feels about being evicted by his daughter and son-in-law, Potter was at a loss for words.

"I just cannot believe my daughter would ever do anything like that to me," he said.

Janice Cottrill declined to comment.

"The case is currently pending in the Vinton County Court and we will let the court decide the issues," said Lorene Johnston, an attorney for Cottrill.

Fraley, a nurse who moved to Columbus, Ohio, from San Diego to be closer to her grandfather, said she has not been on pleasant terms with her mother and stepfather for the last two years or so, when she learned that they had tried to place her grandfather in a nursing home, she said.

Hoping to keep her grandfather in the home he built, Fraley started a campaign on GoFundMe.com, a crowd-fundraising site.

About the fundraiser, Potter said he is "a little bit embarrassed that I have to ask my fellow man for help" but he is grateful for others' generosity and thinks it is "wonderful."

While the home is not for sale, Fraley said other family members have told her and her attorney that her mother would allow him to stay in the home if enough money could be raised to buy it.

Fraley said she is planning to get an appraisal on the home, but so far, she has raised $42,134 from 1,781 people in the last month.

Potter, who mostly relies on his pension for income, is not paying rent to his daughter, said Timothy Gleeson, his attorney. Gleeson said Potter hasn't been in a position to make an offer on the home yet because they do not yet have the money.

When asked if the funds could go toward rent on his home, Fraley said that is not a long-term solution that ensures her grandfather will stay in the home permanently.

"What would stop them from turning around and evicting him again?" she said of her mother and stepfather.

Another reason Potter and his attorney believe Cottrill would sell the home is she began selling parcels – about 14 acres in total -- from a hunting property Potter had owned a few miles away from his home last year.

In trying to keep her grandfather in her home, Fraley said she is not motivated by anger toward her mother, but tries to focus on her love for her grandfather.

"People have commented that my mother is 'evil', but I always say she's a human too," she said.

Fraley said she hopes people will donate to her grandfather's GoFundMe site so that he can stay in the home for the rest of his life.

Potter turns 92 on May 23, and Fraley said she hopes she can give his home to him for his birthday.

"That's his home. Do I think she deserves the money?" she said of her mother. "No, but my grandfather deserves to stay in his home as long as he possibly can. If he wants to leave, it should be his decision."

Copyright 2013 ABC News Radio

Saturday
Jan262013

Bank of America Takes Florida Squatter to Court Over $2.5 Million Mansion

Jin Lee/Bloomberg via Getty Images(BOCA RATON, Fla.) -- Bank of America is taking a Florida man to court after he attempted to use an antiquated state law to legally take possession of a $2.5 million mansion that is currently owned by the bank.

Andre "Loki" Barbosa has lived in a five-bedroom Boca Raton, Fla., waterside property since July, and police have reportedly been unable to remove him.

The Brazilian national, 23, who reportedly refers to himself as "Loki Boy," cites Florida's "adverse possession" law, in which a party may acquire title from another by openly occupying their land and paying real property tax for at least seven years.

The house is listed as being owned by Bank of America as of July 2012, and that an adverse possession was filed in July. After Bank of America foreclosed on the property last year, the Palm Beach County Property Appraiser's Office was notified that Barbosa would be moving in, according to the South Florida Sun-Sentinel.

The Sun-Sentinel reported that he posted a notice in the front window of the house naming him as a "living beneficiary to the Divine Estate being superior of commerce and usury." On Facebook, a man named Andre Barbosa calls the property "Templo de Kamisamar."

After Barbosa gained national attention for his brazen attempt, Bank of America filed an injunction on Jan. 23 to evict Barbosa and eight unidentified occupants.

In the civil complaint, Bank of America said Barbosa and other tenants "unlawfully entered the property" and "refused to permit the Plaintiff agents entry, use, and possession of its property." In addition to eviction, Bank of America is asking for $15,000 in damages to be paid to cover attorney's expenses.

Police were called Dec. 26 to the home but did not remove Barbosa, according to the Sentinel. Barbosa reportedly presented authorities with the adverse possession paperwork at the time.

Mark Potok, a senior fellow at the Southern Povery Law Center, says police officers may be disinclined to take action even if they are presented with paperwork that is invalid.

"A police officer walks up to someone who is claiming a house now belongs to him, without any basis at all, is handed a big sheaf of documents, which are incomprehensible," Potok said. "I think very often the officers ultimately feel that they're forced to go back to headquarters and try to figure out what's going on before they can actually toss someone in the slammer."

A neighbor of the Boca property, who asked not be named, told ABCNews.com that he entered the empty home just before Christmas to find four people inside, one of whom said the group is establishing an embassy for their mission, and that families would be moving in and out of the property. Barbosa was also among them.

The neighbor said he believes that Barbosa is a "patsy."

"This young guy is caught up in this thing," the neighbor said. "I think it's going on on a bigger scale."

Barbosa could not be reached for comment.

The neighbor said that although the lights have been turned on at the house, the water has not, adding that this makes it clear it is not a permanent residence. The neighbor also said the form posted in the window is "total gibberish," which indicated that the house is an embassy, and that those who enter must present two forms of identification, and respect the rights of its indigenous people.

"I think it's a group of people that see an opportunity to get some money from the bank," the neighbor said. "If they're going to hold the house ransom, then the bank is going to have to go through an eviction process.

"They're taking advantage of banks, where the right hand doesn't know where the left hand is," the neighbor said. "They can't clap."

Copyright 2013 ABC News Radio

Wednesday
Dec012010

Freddie Mac Will Not Evict Families During Holidays

Photo Courtesy -- ABC News(MCLEAN, Va.) – Lending giant Freddie Mac has announced that it will not evict families from foreclosed homes over the holidays.

The Federal Home Loan Mortgage Corporation said Wednesday it will not carry out evictions on foreclosed single family and two to four unit properties that are occupied.

"If the property is occupied, our foreclosure attorneys will suspend the eviction to provide a greater measure of certainty to families during the holidays," said Anthony Renzi, executive vice president of Single Family Portfolio Management at Freddie Mac.
 
The order will go into effect on December 20, 2010, and end January 3, 2011.

Copyright 2010 ABC News Radio







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