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Man Fined By Arlington Over His Foreclosed Home
DFW CBS ^ | 01 Mar 2012 | Arezow Doost

Posted on 03/04/2012 5:37:46 PM PST by Theoria

David Englett walked around his front yard Wednesday afternoon picking up trash. He lives in Crowley, and understands that comes with being a homeowner.

But what he doesn’t understand is being responsible for something that’s no longer his. “I feel like I’m being punished for something I didn’t do,” said Englett. “It’s really frustrating and costing me a lot of time.”

The truck driver used to live in Arlington, but two years ago his house was foreclosed. Englett hasn’t lived there since.

Last July when he tried to renew his license he found out he had outstanding warrants. “I don’t want to go to jail over nothing – never been to jail – don’t want to go to jail.”

The warrants were for operating an alarm without a permit, another for an old fence and one for the grass not being cut. “I didn’t live there, so why would I worry about it the bank foreclosed on it,” explained Englett “Even when I lived there we never activated the alarm.”

According to the City of Arlington, if the title hasn’t changed then you’re still the owner and responsible for everything on the property.

CBS 11 Legal Expert Jerry Loftin says the city just wants someone to pay the fines. “If it’s foreclosed, it’s not his,”

“You have to remember cities are all about grabbing money from you I mean they try anyway they can,” said Loftin.

Clearing up the confusion is costing Englett money. He’s already paid the city $150 dollars to remove a hold on his license, and he says he owes the City of Arlington hundreds more.

Englett has a hearing on the issue on Friday morning. He’s hoping to clear things up. The City of Arlington says they’re looking into his case. “I don’t understand why the City of Arlington wants to keep on with something when I showed proof and the bank owned it and not me,” said Englett.


TOPICS: Crime/Corruption; Culture/Society; Government; US: Texas
KEYWORDS: arlington; economy; foreclosure
Sorry man, Gov't going after ya.
1 posted on 03/04/2012 5:37:53 PM PST by Theoria
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To: Theoria

If the bank owns it now, they are the landlord and any civil property violations run with the property and are owned by the bank. If the man is accused of crimes, that would not go to the bank. It is not clear what is happening. If a car got a parking ticket yesterday and then I bought the car today, I’d expect the previous owner to be liable for that ticket, not me.


2 posted on 03/04/2012 5:42:25 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: HiTech RedNeck

?


3 posted on 03/04/2012 5:44:23 PM PST by allmost
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To: allmost

!


4 posted on 03/04/2012 5:45:41 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: Theoria
“You have to remember cities are all about grabbing money from you I mean they try anyway they can,” said Loftin

Remember when cities used to be that place you lived in?

5 posted on 03/04/2012 5:46:06 PM PST by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: Theoria

Affordable housing is only for loyal Dem voters!

Trash the place in Section 8 and you are rewarded with a new house.


6 posted on 03/04/2012 5:48:36 PM PST by relictele (We are officially OUT of other people's money!)
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To: HiTech RedNeck

This is not new. You have plenty of divorced people out there who are forbidden from homeschooling their children and controling them, and, yet, when the kid at the other end of the country does something wrong, he owes “child support”.

The government considers this guy a serf who lost ownership but not ties to his property. The government wants its money and control now and automatically. It’s retarded but this is what we get under communism and blocking others from doing business.


7 posted on 03/04/2012 5:49:12 PM PST by JudgemAll (Democrats Fed. job-security Whorocracy & hate:hypocrites must be gay like us or be tested/crucified)
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To: HiTech RedNeck

And argue i tell ye.. / Sheite!


8 posted on 03/04/2012 5:54:24 PM PST by allmost
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To: JudgemAll

I doubt if property codes have “evolved” to the point that family law has. It sounds like a screw-up of records that could be cleared in court without a whole lot of ado.


9 posted on 03/04/2012 5:55:17 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: Theoria

I thought he lost title when the lender foreclosed?

The one that has title is responsible.


10 posted on 03/04/2012 6:01:18 PM PST by NoLibZone (Buffet proves calls for more taxes is to buy votes,not reduce deficits.He pays less than Bush rates.)
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To: Theoria
So... If you go broke, you get warrants for your arrest? When did criminal slide over to civil?

/johnny

11 posted on 03/04/2012 6:05:17 PM PST by JRandomFreeper (Gone Galt)
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To: Theoria

I’ve had a municipality draft money out of a corporate account for taxes owed on a vehicle the company hadn’t owned for over a year before. The kicker is, the bank allowed it without informing me, and I had to prove The corporation no longer owned the vehicle.


12 posted on 03/04/2012 6:06:51 PM PST by RegulatorCountry
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To: HiTech RedNeck

There are lots of cases where the banks foreclose and evict the homeowner but never actually take title to the property.
http://blog.cleveland.com/metro/2009/07/bank_walkaways_from_foreclosed.html

If your car got repossessed but the bank doesn’t take your name off the title who’s responsible for the parking ticket when they leave it on the street?


13 posted on 03/04/2012 6:07:15 PM PST by Qout
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To: Qout

I’ve heard of these cases too and that’s a whole nother ball of wax. But this isn’t what happened here. The bank did take title to the land. Now the question is, what does the law say about who is liable for what. It should be black and white.


14 posted on 03/04/2012 6:10:15 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: NoLibZone

The bank probably never foreclosed on it so it technically his. Just wait till he get the tax and HOA Bills the last 2 years.


15 posted on 03/04/2012 6:13:10 PM PST by Orange1998
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To: RegulatorCountry

Wow. That sucks.


16 posted on 03/04/2012 6:13:10 PM PST by Theoria (Rush Limbaugh: Ron Paul sounds like an Islamic terrorist)
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To: RegulatorCountry

I remember years and years ago when I was in court for a traffic ticket. there was a kid ahead of me, aged about 20 or so, and he got a fix it ticket for an expired license tag on a company vehicle a year before.

He told his employers about but they never took care of the problem and even though he left the comapny seven months before his court date, the judge threw him in jail for three days for failing to pay the fine and getting a new tag for the vehicle.


17 posted on 03/04/2012 6:14:49 PM PST by Inyo-Mono (My greatest fear is that when I'm gone my wife will sell my guns for what I told her I paid for them)
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To: HiTech RedNeck
I once sold a car to a guy. The tags stayed with the car. A few months later, I received a traffic citation that the new owner had received. He never transferred the tags to his name. I called explaining I no longer owned the car. I was asked me to send in a copy of the bill of sale, listing the new owner's name and address. I did this and I never heard back from the authorities.

A couple years later, the state changed the law where the current owner now keeps the tags, when selling their car.

18 posted on 03/04/2012 6:17:31 PM PST by rawhide
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To: Orange1998

I agree.

If the bank never foreclosed the lawn bill is but part of what he will owe.

This story may be wrong and he may still own the home.


19 posted on 03/04/2012 6:17:52 PM PST by NoLibZone (Buffet proves calls for more taxes is to buy votes,not reduce deficits.He pays less than Bush rates.)
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To: Theoria

That it did. I moved the office and transferred registration to another county with no grabby asinine municipal jurisdiction because of it. The bank nearly got replaced, too.


20 posted on 03/04/2012 6:22:05 PM PST by RegulatorCountry
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To: Inyo-Mono

That sort of citation should go to the registered owner of the vehicle for this very reason. Then, you have radar cams and red light cams ticketing the owner, when they cannot prove that the owner committed the infraction.

It’s all a money grab.


21 posted on 03/04/2012 6:25:08 PM PST by RegulatorCountry
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To: NoLibZone

This is exactly why lenders REFUSE to file courthouse ownership of property foreclosed. Its a paper foreclosure not a Courthouse Recorded foreclosure. The lender has 3 years to file courthouse ownership papers or the mortgage is legally assumed payoff.


22 posted on 03/04/2012 6:27:50 PM PST by Orange1998
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To: NoLibZone

“The story may be wrong” — quite a likely hypothesis for any news story. And often it happens in details that matter.

I frankly had not heard of a lot of banks foreclosing but then renting back to the former owner rather than kicking them out. Although if the former owner is in a position to be able to rent if not to refinance (maybe he got a contract job rather than a permanent one), maybe it’s better for the bank in this hideously depressed housing market.


23 posted on 03/04/2012 6:28:25 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: NoLibZone

Banks are really bad on following up on the paperwork. This often works to their benefit. If they take title to the property, they become responsible for the taxes and maintenance immediately. If they don’t take title now and decide that they want to in the future, the courts are favorable to letting them clean up the paperwork months or years down the road.

In states with court foreclosures, it can happen that the judge approves the foreclosure. Notice is given to the borrower that he must vacate the premises and a sheriff’s sale is scheduled for Monday morning at noon.

The borrower finds somewhere to stay and moves out over the weekend. Then Monday morning at 10 am the bank takes the property off the list of properties to be sold at noon. No notice is given to the owner. The sheriff’s sale on the property is never rescheduled and the title never changes hands.

Six months later the owner goes by and discovers that the property is still vacant. There’s no heat and no electricity but the bank hasn’t taken title to the property. If they move back they are in violation of the eviction order even though their name may still be on the title. Some of them have decided to camp out in their own homes knowing that any day they may come back and find the locks have been changed and the sheriff’s sale was finally held.


24 posted on 03/04/2012 6:37:47 PM PST by Qout
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To: NoLibZone

“I thought he lost title when the lender foreclosed?”

Only if it was recorded. If it wasn’t which appears to be the case then the city has no idea of the transfer.

JB


25 posted on 03/04/2012 6:53:55 PM PST by thatjoeguy (MAYDAY! MAYDAY! We are so going in ! !)
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To: Theoria
According to the City of Arlington, if the title hasn’t changed then you’re still the owner and responsible for everything on the property.

Title is the universal definition of ownership and thus responsibility. In each state the foreclosure process is different, but broadly classified they are either judicial (requiring a court process to foreclose - e.g., FL or WI) or non-judicial (not requiring a court process to get to foreclosure, e.g., GA.)

When a foreclosure auction is held and the property does not sell, it is deemed "knocked back" to the lender. That lender has a defined period in which to submit, and properly record a foreclosure deed, which, once recorded, is the universally acknowledged point of transfer from the former owner to the bank. In GA, for example the foreclosing party can submit the foreclosure deed up to 30 days after the sale date. This fellow is confusing the sale date and the date of transfer of title. These are different things. how different they can be (how much time can lapse between them) will depend on state law.

26 posted on 03/04/2012 6:57:25 PM PST by Wally_Kalbacken
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To: Theoria

Given the no mans land one can find themselves in, its best to wait for SWAT teams tear canisters to come through the windows before leaving.


27 posted on 03/04/2012 7:18:07 PM PST by NoLibZone (Liberal concern for humanity is fake. I submit Bill Maher as proof.)
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To: Inyo-Mono

That’s absurd- in most jurisdictions that kind of issue is the responsibility of the owner.


28 posted on 03/04/2012 7:39:00 PM PST by Squawk 8888 (Tories in- now the REAL work begins!)
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To: Theoria

He ought to just sue the city in small claims court and make em show up and explain to a judge why they’re hassling him.


29 posted on 03/04/2012 7:56:52 PM PST by mac_truck ( Aide toi et dieu t aidera)
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To: Orange1998

Depends on what state you live in. Never let a bank foreclose, deed the property back to them.


30 posted on 03/04/2012 8:13:09 PM PST by org.whodat
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To: org.whodat

In Texas they have to accept the deed first for conveyance.


31 posted on 03/04/2012 9:38:44 PM PST by Orange1998
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To: Qout

“If your car got repossessed but the bank doesn’t take your name off the title who’s responsible for the parking ticket when they leave it on the street?”

I don’t know how it is where you live, but here in California it’s a requirement that you as the former owner file with the DMV paperwork that stipulates when you surrendered title. That protects you from this kind of government mischief. So even if the bank repossesses your car, you are wise to make sure that the DMV knows that they’ve taken it back.
Seems as though there should be a similar process when you give up your home to the bank. At least you should register a Quitclaim Deed to that effect.


32 posted on 03/04/2012 11:07:30 PM PST by vette6387
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To: Qout

“Banks are really bad on following up on the paperwork. This often works to their benefit. If they take title to the property, they become responsible for the taxes and maintenance immediately. If they don’t take title now and decide that they want to in the future, the courts are favorable to letting them clean up the paperwork months or years down the road.”

Beyond just being lazy, banks are not in a hurry to complete paperwork on foreclosed properties because when they do that, they have to list the asset on their books at it’s current value which is most likely a lot less than the loan they have against it. The more they clean up, the worse their balance sheet looks.
I have a neighbor who is renting across the street from me who had to threaten the bank on his foreclosed home with moving out and leaving it to the vagaries of vandals unless they completed the foreclosure transaction. And that was two years after he made the last loan payment.


33 posted on 03/04/2012 11:13:58 PM PST by vette6387
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