Irene Feaster has her home back from the culprits that stole it from her, and a new state law in her name was created to provide stronger civil penalties for preying on the elderly. The culprits, however, have never been prosecuted. They are still in business in the Bay Area.

"Unfortunately, D.A.s are not very good at white-collar criminal prosecution," said real estate attorney Josh Genser. "They're great at prosecuting burglary. They may have one person in the department that understands real estate crime kinds of cases. They don't have the resources to take on all the people who run these scams."

Victory

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Richmond woman gets overdue homecoming

RICHMOND, CA -- When Irene Feaster sees her four-bedroom northern Richmond house again, with a new roof, siding, paint, doors, bathrooms, and carpeting.

It is where the 76-year-old intends to spend the remainder of her life, a plan that is possible thanks to a legal settlement that returned to her the home she's owned for 30 years.

Feaster came perilously close to losing the Garvin Street house after an unusual foreclosure that kicked off a series of real estate transactions.

A court settlement approved by Contra Costa County Superior Court Judge David Flinn allowed Feaster to stay and awarded her sufficient money to overhaul the badly deteriorated house. The amount must remain confidential under the terms of the settlement.

"He's the best," Feaster said of her attorney, Craig Nevin, on Friday, grinning through tears as she prepared to move out so workers can gut and then rebuild her home. "I've been giving out his cards. God sent him to me."

Feaster's troubles began in 1999, when she left a hospital during treatment for congestive heart failure, anemia and early-stage dementia to head off a feared foreclosure on her northern Richmond home.

Jay D. Wynn offered her $10,000 and "a place to live for the rest of her life," according to court documents. A deed was modified after the original sale to appear that Feaster gave Wynn the home as a gift, Nevin said after examining the documents.

Wynn soon sold the house to Paul Ferreira of Santa Clara, who, after allowing the house to change hands two more times, served Feaster with an eviction notice -- charging her, at one point, with breaking and entering. Tens of thousands of dollars in loans were taken out against the house.

The Contra Costa County district attorney refused to take the case, saying that nothing illegal occurred.

Nevin read an account of Feaster's case in the Times on a Sunday in December and accompanied her to court for an eviction hearing the next morning.

Arguing that the original 1999, sale flouted state law, he asked the court to halt the impending eviction and to reverse a series of real estate deals, saying the buyers and lenders committed fraud and breach of contract.

"It's pretty much over," he said Friday. "We've done it. She's there for the rest of her life."

The Contra Costa County Bar Association has honored Nevin as the pro-bono lawyer of the year for his handling of the case.

In a tentative judgment, Judge Flinn ordered Wynn to pay Feaster $115,000 for having taken equity out of the house. Wynn has challenged the ruling.

"In the meantime, he's still in business," Nevin said. "That's why we're pursuing the settlement -- so we can put him out of business."

Friday found Feaster in tears. Packing up for a move -- even a two-week move -- is exhausting at 76.

"I was up until 1:30 this morning packing up boxes," she said. "This is hard."

Feaster is seeking lodging in Concord, where she would be close to a family friend, for the two weeks it will take to renovate her home. In addition, she is lamenting having lost her walking stick, without which standing and moving is slow and painful.

Nevin's suit named Wynn, his daughter Dalya Wynn and subsequent owner Ferreira; and lenders Christopher Galbraith, Rebecca Jackson, Bayview Mortgage, North American Title Company and Bank One for "procuring thousands of dollars in various commissions and fees" during the real estate transactions.

Since Feaster's story was reported in December, her case has spurred discussion of predatory lending and other practices targeting the elderly and infirm.

It prompted legislation by state Sen. Tom Torlakson, D-Antioch, to increase penalties for those who take advantage of people facing foreclosure on their homes.

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