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Foreclosure
Fraud
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GILROY— It's a questionable real estate deal that's left an 81-year-old South Bay woman homeless.
She was evicted from the house she's lived in for three decades, and she may not be alone. Now a San Jose legal rights group is going after a Fresno realtor saying he pulled a fast one.
Rena Barton lost her Gilroy home. Another woman, an older woman, also lost a home in Milpitas. Attorneys say there are three other very questionable property transactions in Santa Clara County.
The people involved in these transactions could face criminal charges so we're not going to reveal those names until we can investigate further, spokesperson from the DA's office said.
Barton is 81 years old and has lived in her Gilroy home for 30 years. Today, Barton is locked out of her home.
Rena Barton, evicted: "It's an old ranch home and I always just loved it because it was an old ranch home."
But today Barton is locked out of her old ranch home. Sheriff deputies carried out the order this afternoon.
Rena Barton: "I said well why and they said, well, you have been evicted. That's why."
That eviction doesn't sit well with the Fair Housing Law Project in San Jose. The law project has filed a complaint against a Fresno real estate investor.
The complaint outlines a scheme to help Barton avoid default on her mortgage while really taking Barton's home title and making her a renter with an even bigger debt.
Annette Kirkham, Fair Housing Law Project: "She had owned her home and didn't realize she was now a tenant in her own home. In the three-day notice to pay rent, her rent was for $29,000."
Rena Barton got out of her home today with only a suitcase of belongings. Attorneys say Barton is not the only Bay Area victim and say they know of at least four other similar cases.
Attorneys say all of the homeowners are elderly or disabled and under duress when they're presented with a financial option that amounts to fraud.
Nancy Harris, fair housing attorney: "They're presented with transaction documents that they're then asked to sign in a very quick situation, where they're not able to take the time to review the documents."
Rena Barton says she doesn't know anything about the documents she signed. She does know that for now she has lost her home.
Rena Barton: "I guess I'm more mad than anything, I mean because there was no reason for this."
There are situations where people default on their mortgages and foreclosure is a legal and reasonable option, but in this case and various other cases around the county, the attorneys say there were violations of the Home Equity Sales Contract Act.
The $29,000 Barton owed was for months of rent because her rent turns out to be $1,400 more than the mortgage which initially got her in financial trouble.
ABC7's
Karina Rusk reports
July 20 (ABC7)
WJFA Note: If you are a real estate crime victim you stand a better chance of getting help if you're a senior citizen. Please don't waste precious time chasing after justice from prosecutors. Stay focused on stopping the criminal.
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