Man charged with breaking into foreclosed home he bought
Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes
Man charged with breaking into foreclosed home he bought
Most Popular Reply
Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
12y"When officers arrived, an irritated X ordered them to leave his property and refused to hand over his identification or his copy of the deed to prove his ownership of the house."
That says it all.
40 Replies
- Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes12y
(Disclaimer: I am not an attorney.)
This guy video taped his episodes. https://www.youtube.com/watch?v=74-qWZbwwN4 and the other links that give a better context than a single article. Click on the "more" under the text description to get his view of his world. He posted:
"...I was being charged with the following... Misdemeanor -RESISTING PUBLIC OFFICER, Misdemeanor -INJURY TO PERSONAL PROPERTY, Felony-POSSESSION OF BURGLARY TOOLS, Felony-BREAKING AND OR ENTERING"
So going back to his alleged "Everything that occurred with this house was lawful" statement, my view is that the answer is in NC General Statute (NCGS) § 45-21.29. entitled 'Orders for possession' (http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_45/GS_45-21.29.html) This Article in NCGS deals with "Sales under Power of Sale" that are held to execute a forced ownership transfer via trustee deed or commissioner's deed. (Side bar: small detail... If you look up the deed, the type of deed is a "Trustee's Deed" rather than a "Commissioner's Deed". Most HOA foreclosures I've seen result in a Commissioner's Deed.) In Orders for Possession, the law states:
"An order for possession issued pursuant to G.S. 45-21.29(k) shall be directed to the sheriff and shall authorize the sheriff to remove all occupants and their personal property from the premises and to put the purchaser in possession, and shall be executed in accordance with the procedure for executing a writ or order for possession in a summary ejectment proceeding under G.S. 42-36.2."
This guy did not follow due process and did not employ a sheriff to implement the order for possession. His argument was that the property was abandoned... maybe in his mind, but not in a legal context. Article 2A, Ejectment of Residential Tenants, states:
"... personal property shall be deemed abandoned if the landlord finds evidence that clearly shows the premises has been voluntarily vacated after the paid rental period has expired and the landlord has no notice of a disability that caused the vacancy. A presumption of abandonment shall arise 10 or more days after the landlord has posted conspicuously a notice of suspected abandonment both inside and outside the premises and has received no response from the tenant."
In the instant case, this guy failed to post notice and failed to wait the legal minimum amount of time. I'm not a lawyer, but he executed a self-help eviction without statutory notice.
In addition to the 4 criminal charges, I believe his alleged statement "Everything that occurred with this house was lawful" is incorrect.
Upshot: Maybe it goes without saying, but don't be like that guy.
- Real Estate Investor · Troutdale, OR · Member since 2013 · 92 posts · 22 votes12y
Originally posted by @Dawn Anastasi:
Would this have even happened if the person drilling out the locks had been a white man or an attractive white female?
Seriously? Your just gonna bring up some ******** racism argument? As mentioned above, this has happened to plenty of white guys. The fact of the matter is it was suspicious behavior and the guy was being an *******. Although the majority of the charges will inevitably be dropped, if the guy gets charged for resisting police officers he had it coming. If the guy had given them his ID or deed in the first place he would never have been arrested, so he has no reason to complain.
- Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes11y
I thought I'd give BP Nation an update on this story. What a trip. To recap, This property was indeed bought for $3800 and, as identified earlier, the foreclosure was a result of an HOA lien. Roughly 90% of the comments on the news article (based on the ones I read on their site) are from people who don't understand the foreclosure process and don't 'get it' regarding what this guy is doing. Here are the facts and my commentary:
Fact 1.) The charges filed (see my June 14 post) against the guy were dropped or successfully defended. The man's name does not match any NC Deprtment of Public Safety records. The NCDPS site is updated pretty quickly... I know because one of our tenants has a charge recently. Updates occur within a day or so after court.
Fact 2.) The ownership has changed. The new ownership consists of 49 individuals and 1 trust. The guy in question signed for his company to execute this deed transfer. I generally don't post specific details, but this is one of the most unusual filings I've ever seen. http://services.wakegov.com/booksweb/PDFView.aspx?DocID=109294923&RecordDate=09/15/2014 The deed includes 49 Foreign Nationals (note: bold emphasis is NOT MINE, it is emphasis in the deed transfer document!) including Mirantsoa Razafindrandriatsimaniry and Vololoniaina Razafindrandriatsimaniry. I have no clue who these people are (or the other 47), and maybe these Lybian nationals are great people. Should we 'trust and verify' and check an OFAC list before they fly in to see 'their' property?
Commentary: The guy in charge has enabled 49 foreign nationals as owners of US property. Yes, they are owners for the moment (see below regarding POS) but what really motivates this guy? Are these 49 Ebola victims looking for a ticket to Wake Forest because they are legitimate owners of a US property? My research shows that this kind of deed transfer (to 49 discrete people/entities) is unprecedented in Wake County NC. I only looked at 5 of the names and none have any history in Wake county county registry. They are foreign nationals, per the deed, so that is expected.
Fact 3.) This guy deeded mineral/gas rights to a trust via book/page 15781/506. It's a worthless deed after the trustee sale.
Commentary: The guy in charge appears to be motivated to create as much 'noise' as possible regarding his temporary ownership of this property. This document was prepared by grantee (is this a legitimate trust? I'd guess 'No'), and as a single member LLC that did not file 2014 Finings with the Secretary of State, I'd like to see if the state attorney general would try to pierce the corporate veil and cite this clown for practicing law without a license.
Fact 4.) There is a mortgage on the property that is not satified. The lender has instituted a suit (per power of sale, via foreclosure) summarized in file 14SP2827.
Fact 5.) The sale is scheduled for 12/5/2014 at 11AM by RTT as trustee (http://www.rtt-law.com/reports/Sales_Report.pdf).
Fact 6.) Fact: the N&O didn't follow up on the story. Who are these 49 people? Why them? What is this guy doing? What is his motivation? Maybe the N&O doesn't care after the initial story is written.
Commentary: Granting 49 foreign nationals US property (although a temporary window, but what is the motivation?) is unusual and should raise red flags IMO. I guess it ranks up there with the guy who filed deeds showing he owned property when in fact there was no legal basis for the filing. IMO this case looks similar. He is not doing this out of capitalistic interests. If he were, he would have acted differently WRT 14SP2300. He could have made money there by buying at the steps rather than letting the property go to US Bank. There was no way I'd bid knowing this guy was in anyway involved. So is this an action considered an Unfair Trade Practice? Hell if I know...
Never a dull moment.
- Investor · Southeast, MI · Member since 2012 · 2k+ posts · 1k+ votes11y
Originally posted by @Chris Martin:
Mirantsoa Razafindrandriatsimaniry and Vololoniaina Razafindrandriatsimaniry.
Imagine those people in kindergarten trying to write their names.........
- Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes11y
In my opinion that deed is being used to stall or delay the foreclosure sale. In judicial states all the parties would have to be served, which would be impossible with 50 1% interests to supposed foreign nationals. Pretty sure none of the parties on the deed are a real person. There are ways around the process serving requirement, as the lender could petition the courts to use some kind of alternative or substitute service like publication.
The other play is bankruptcy. Even a 1% in BK stalls the sale until it get gets dismissed or the stay is released. Trouble with that strategy is you have to pay to file and you need entities or persons that can file (ID and SS#s, etc.)
The guy who bought that house at the HOA foreclosure appears to have a lengthly petty criminal record. Doesn't seem that far out to me that he'd use various foreclosure stall tactics.
That being said, none of it seems very remarkable to me and isn't anything I haven't seen before in my area before. Except the 50 1% interests. That was new.
- Beverly Hills, CA · Member since 2014 · 4 posts · 0 votes11y
Originally posted by @Account Closed:
I agree with Joel that his refusal to show ID and the deed says it all.
Interesting that the police felt qualified to determine occupancy rights from the register of deeds. Maybe in addition to being qualified as police they were also qualified to practice law.
The court transcript states that the police determined deed ownership by the wake county tax website and infact that is the wrong website to verify ownership of a property in wake county. A friend of mine is a wake county attorney he stated a citizen owes no duty to a police officer to disclose there identify in nc unless they are operating a vehicle. This guy may have known that and therefore refused to surrender his identification.
- Beverly Hills, CA · Member since 2014 · 4 posts · 0 votes11y
Originally posted by @Chris Martin:
I thought I'd give BP Nation an update on this story. What a trip. To recap, This property was indeed bought for $3800 and, as identified earlier, the foreclosure was a result of an HOA lien. Roughly 90% of the comments on the news article (based on the ones I read on their site) are from people who don't understand the foreclosure process and don't 'get it' regarding what this guy is doing. Here are the facts and my commentary:
Fact 1.) The charges filed (see my June 14 post) against the guy were dropped or successfully defended. The man's name does not match any NC Deprtment of Public Safety records. The NCDPS site is updated pretty quickly... I know because one of our tenants has a charge recently. Updates occur within a day or so after court.
Fact 1. Breaking and entering, possession of burglary tools, damage to real propertyñwere all dropped. Resist delay and obstruct he took that charge to trial without an attorney and was found not guilty. Also the information in regards to the NCDOC is in correct. The link to his record history is as follows:
http://webapps6.doc.state.nc.us/opi/offendersearch...Fact 2.) The ownership has changed. The new ownership consists of 49 individuals and 1 trust. The guy in question signed for his company to execute this deed transfer. I generally don't post specific details, but this is one of the most unusual filings I've ever seen. http://services.wakegov.com/booksweb/PDFView.aspx?DocID=109294923&RecordDate=09/15/2014 The deed includes 49 Foreign Nationals (note: bold emphasis is NOT MINE, it is emphasis in the deed transfer document!) including Mirantsoa Razafindrandriatsimaniry and Vololoniaina Razafindrandriatsimaniry. I have no clue who these people are (or the other 47), and maybe these Lybian nationals are great people. Should we 'trust and verify' and check an OFAC list before they fly in to see 'their' property?
Why are you trying to insinuate these owners are of harm to the usa or on the ofac list?
Commentary: The guy in charge has enabled 49 foreign nationals as owners of US property. Yes, they are owners for the moment (see below regarding POS) but what really motivates this guy? Are these 49 Ebola victims looking for a ticket to Wake Forest because they are legitimate owners of a US property? My research shows that this kind of deed transfer (to 49 discrete people/entities) is unprecedented in Wake County NC.
What research did you conduct. I would like to also look at your findings and facts.
I only looked at 5 of the names and none have any history in Wake county county registry. They are foreign nationals, per the deed, so that is expected.
Fact 3.) This guy deeded mineral/gas rights to a trust via book/page 15781/506. It's a worthless deed after the trustee sale.
Commentary: The guy in charge appears to be motivated to create as much 'noise' as possible regarding his temporary ownership of this property. This document was prepared by grantee (is this a legitimate trust? I'd guess 'No'), and as a single member LLC that did not file 2014 Finings with the Secretary of State, I'd like to see if the state attorney general would try to pierce the corporate veil and cite this clown for practicing law without a license.
You do understand that nc does not require you to disclose the ower or owners of the company? And you may want to look up the definition of registered agent because that does not mean that it its a single only llc.
Fact 4.) There is a mortgage on the property that is not satified. The lender has instituted a suit (per power of sale, via foreclosure) summarized in file 14SP2827.
just becausecause a foreclosure is initiated or the power of sell is exercised does not mean it is lawful or a order for foreclosure will be signed by the judge
Fact 5.) The sale is scheduled for 12/5/2014 at 11AM by RTT as trustee (http://www.rtt-law.com/reports/Sales_Report.pdf).
it is 12.30.14 has the house went to sale yet?
Chris if this guy commited a crime by not identifying him self when asked, why was he not found guilty? I pulled the file at the court house he was found not guilty and he did not have a lawyer? Also I did a little bit of digging and I could not find any state law stateing that you have to identify your self when asked by a officer if your not driving. He does have a long criminal history but dont you think the district attorney would have gotten an conviction if he did anything wrong? After all the district attorneys job is to get convictions. I also read your statement about him practicing law can you help me understand how he did that I am new to bp and like to know facts not hearsay
- Investor · Plano, TX · Member since 2014 · 145 posts · 102 votes11y
Dilemma... Does a police officer (or anyone) have the ability to come onto your privately owned property and demand proof that you own it? The obvious answer is 'no' they cannot. It's funny though, because the exact same story and replace 'homeowner' with 'copper thief' and the police's actions were suddenly lawful. For better or for worse, police walk a fine line every day on the job.
That being said I would NEVER be disrespectful to a police officer. I may assert my 4th amendment rights to them an calmly explain they should not search me or arrest me..but I would also show my ID and explain the situation.
@Dawn Anastasi I think this line of thought is very simplistic and it doesn't benefit anyone. Yes it happens to white men and it happens to attractive women. Entering vacant or abandoned property carries many risks, one is to have the police called on you. It has happened to many people I know and a very similar incident happened to me in fact.
I was lawfully entering a vacant property owned by the town. I had asked them if I could view it prior to their auction and was granted permission. Nosy neighbor called the police. They were there very quickly and asked us what we were doing.
I (white male) responded with the truth and explained the situation. My wife (well dressed and attractive Asian female) was with me but coincidentally did not have an ID with her that day. I offered to provide the phone number of the people in the town that manage the properties but they decline to take the number or verify it. They asked for my ID and we offered my wife's full name and SSN since she didn't have the ID. They checked my license number to see if I had any outstanding warrants (I didn't) and they gave it back to me and said 'have a nice day'. I responded with praise explaining that I am happy to own property in a neighborhood with the response times so quick (I own a neighboring property).
The key is not your color or gender, but how you act. This guy acted like a dope thus was treated like one.
- Beverly Hills, CA · Member since 2014 · 4 posts · 0 votes11y
The key is not your color or gender, but how you act. This guy acted like a dope thus was treated like one.
When did exercising your rights become acting like a dope? Im not takeing sides here but its kinda hard to understand why does someone have a obligation to perform a task when there is no requirement. This person asserted his rights and the out come was a not guilty verdict. Its a shame that more people dont know there rights, and that is evidenced by the many responses to this post. Technical the only person you have to answer to is the creator. No one has stated anything about the sworn affidavits of the police department that were pure lies that lead to him being arrested. Is it ok for the police to manufacture evidence and get away with it? Also why would you need to walk around with a deed on your person when its public records? In this case the deed was recorded and index 2 hours before the arrest was made and the police failed to use the proper verification platform to obtain that information.
- Beverly Hills, CA · Member since 2014 · 4 posts · 0 votes11y
Originally posted by @Chris Martin:
Originally posted by @Account Closed:
I agree with Joel that his refusal to show ID and the deed says it all.
Interesting that the police felt qualified to determine occupancy rights from the register of deeds. Maybe in addition to being qualified as police they were also qualified to practice law.
!!
They are qualified to enforce law. Public record is the standard when determining real property ownership. From a legal perspective, the police did exactly what is required. (Hint: his ownership rights were not recorded.)
The deed per public records was recorded 2 hours before his arrest. I spoke with Laura R at the wake county registry and was told all documents recorded are live on the site within 15 minutes. Your statement is incorrect. Im not trying to make you look bad to all of the investors that seem to look up to you but your MISS LEADING them with hear say!
On another note I have just purchased 6 properties I plan to demo within walking distance to the crime infested units that you own by pulln park I can have Marty hampton send you an offer to purchase on monday morning I can close by the 20th of jan! And put 50% of purchase price escrow?
- Austin, TX · Member since 2014 · 139 posts · 89 votes11y
Anybody else suspect that Xavier Earquhart himself or someone who knows him is participating in this thread using an account created just for this thread?
- Commercial Real Estate Broker · Minot - Tacoma, ND - WA · Member since 2014 · 60 posts · 21 votes11y
@Chris Martin I have an interest in the Boston Red Sox I'll sell you after you get your money from @Andy Yhendewll .
I'll see myself out. Thank you.
- Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes11y
Glad to see the charges against you didn't stick. That is the outcome I would expect... but to some degree, that's not the point. Not getting yourself in that kind of a position in the first place is the point.
- Queen Creek, AZ · Member since 2014 · 2k+ posts · 1k+ votes11y
Sometimes just respecting the police goes a long way. I had a situation where a friend an I were trying to pick the lock on a vacant condo we bought at FC.
My friend is a former police officer so two middle aged, fat white guys spent 35 mints picking a lock in B- neighborhood in broad daylight and nobody noticed or called the cops. Not sure it would have gone the same way if we were people of color but if the police did come you can be sure that we would have been respectful.
- Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes9y
An ... the guy "faces 14 counts of bank fraud, five counts of engaging in monetary transactions involving criminally derived property and one count of aggravated identity theft."
I don't know the details of the case as @Andy Yhendewll does. I did look at the SP filing at the courthouse back years ago when this transpired. I stand by my posts in this thread. We'll see what transpires....
Join the conversationCreate a free account to reply, vote on answers and follow this thread.