The
agency needs to make sure that "there are not
a lot of scams going on out there and people aren't buying
properties really low and then wanting to come back and
sell them to us," housing agency Deputy Director
Cassandra Jennings said Tuesday.
But
Jennings said it also is incumbent on Franklin Villa homeowners
to pay their association dues, which finance the general
upkeep of the complex.
Foreclosure
and eviction are nothing new in Franklin Villa, the 943-unit
complex that has been most notable during the past 20 years
for its crime, neglect and mismanagement.
What
makes Martin's case different is that he experienced his
financial body slam just when he was about to score a big
profit.
With
money from a court judgment in Alameda County, Martin bought
his two-bedroom, one-bath Franklin Villa unit for $16,500
in March 2001.
The
deal closed seven months before the housing agency announced
its plan to purchase Martin's place and 463 others in the
first phase of its revitalization plan.
The
agency's entry led to a flurry of buying and selling that
contributed to a dramatic price appreciation in Franklin
Villa.
In
August, the agency offered Martin $33,800 for his Franklin
Boulevard condo and another $54,000 in relocation costs.
The $87,800 would have more than quintupled his original
investment.
The
one-time airplane refueler from Oakland, who has been living
on $767 a month in workers' comp payments after an injury,
agreed to the deal.
But
instead he's on the verge of losing his place. He said
that his income has been "short" and that "I
had mismanaged my money."
He
also owes $20,000 to Alameda County for unpaid child support
for two grown offspring.
Martin's
unpaid homeowner association dues reached more than $1,000
in September 2001.
The
Morrison Creek Commons Homeowners Association forwarded
the bill to a service for collection. Martin said a foreclosure
notice from Allied Trustee Service sent him to the association
office with an offer to pay $1,000 of the bill.
But
by then the bill was $1,400, and Irma Albrecht, the association's
manager, told him to take it up with Allied.
"He
had two years to pay up, and then when he loses the place,
he cries," Albrecht said.
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Allied
mailed Martin a repayment plan. But he says he waited so
long to respond to the offer, it was no longer valid.
Martin
managed to fend off a trustee's auction sale of his property
by filing for bankruptcy in June. Then he signed papers
to sell his Franklin Villa unit to the housing agency.
But
with his deal in escrow, the bankruptcy officially ended,
freeing Allied to go ahead with the auction. On Oct. 15,
Allied sold the unit to Odbert for $4,190.
Martin
was a no-show at the auction and says he didn't know it
was even happening. Under state law, the trustee, which
had notified Martin of the June auction, did not have to
inform him about the rescheduled date.
"The
debtor should follow the process," said Allied
President Mike Parsons.
Next
thing Martin knew it was Halloween and he had something
other than a trick-or-treater at the door: Larry Odbert,
the father of new owner Nathan Odbert, came by to check
the place out.
"I
said, 'Who are you?' and he says, 'I'm the new owner
of the property,' " Martin said. "I
told him: 'What are you talking about? I'm the owner.'
He said, 'No, I am,' and he showed me the trustee's deed
and said his son bought it.
"Then
he said, 'I'll have my lawyer call you.' "
Larry
Odbert confirmed the basics of Martin's account, adding
that he was surprised, too, because he went out that day
thinking he was going to "resolve the tenant situation."
Last
Friday, Martin got the call from the Odberts' lawyer, Seastrand,
offering to sell him the place for $30,000, with no money
down. Seastrand calls the price discounted. Martin
says he needs help and plans to hire an attorney.
But
John Davis, an attorney with Legal Services of Northern
California who specializes in advice on foreclosures, said
Martin's outlook isn't very bright.
"I
listen to these stories all day long," Davis
said. "He has very few legal options."
Updated:
July 9, 2003
WJFA
lost contact with Ken Martin. His telephone was disconnected.
Neighbors say he was evicted from his home.
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Strategy
for putting everyone on notice that the ownership of your
home is in question, is a good way to protect your interests
while you deal with the crime. WJFA shows you how.
It
is the scourge of America. Predatory lending practices
that strip equity from your home, meant to squeeze every
last dime out of the homeowner, and get as much as possible
before you financially collapse. 
They
are out there like the Eye of Silron, ever watchful looking
for easy prey. WJFA provides the common scams so you
can protect yourself.
Foreclosures
are at an all time high. This sections has many pages on
options you have to save your home, and how to protect
yourself from scam artists.
If
you have to be your lawyer to stop a fraudulent foreclosure,
WJFA's volunteers have a bevy of tips to help you navigate
the legal system. 
Don't
ever give up is WJFA's battle cry to victims. Take Action
is our help center. Everything from how to file a criminal
complaint, to an on-line group for emotional support. 