Friday, August 27, 2010

Roanoke Landlord Bill White Faces Civil Charges While Still In Prision

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The Civil case against Bill White is over. The jury awarded $545,000 to the plaintiffs who received a letter from White making statements like "Dear Whiney Section 8 N-----", "dirty parasites", "patience with you and the government that coddles you runs thin" etc. He then went on to describe blacks as animals and Jews as demons.

The letter was sent by White after the five black females filed a discrimination lawsuit against their landlord in Virginia Beach. Their landlord (retired dentist John Crockett Henry) in Virginia Beach was accused of racial slurs and imposed a curfew for black residents only in his 30 unit apartment complex. They won this case as well.

Apparently Henry told one of the black females that the complex was his "ghetto tribe plantation" and that if she would "act like a human being, he wouldn't have to train her". He established a quiet time policy requiring them to stay in their apartments from 10PM to 6AM and engage in quiet activities. He also apparently was harassing them by serving trespassing notes to their guests.

Many other black tenants in his complex reported many good things about Henry saying these charges were false.

Henry lost the civil case and was ordered to pay $361,000 for violations of the Fair Housing Act. His loss was based on refusing to rent apartments to families with three or more children, restrictive rules on Blacks in the complex, verbal harassment of blacks in the complex and enforcing a limit of 2 children per family at the premises.

Roanoke Landlord Ordered To Pay Triple Damages Totalling $13,600

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Landlord Gunther Gass was charged triple damages in court today for trying to use an unconventional method of tenant removal. From what I understand a landlord only pays triple damages if they have over 10 units or are Section 8 landlords. Gunther Gass appears to have 2 houses and this case doesn't appear to be section 8 because the tenant had rent to pay. If anyone knows the law on this please comment.


Landlord ordered to pay tenant

Gunther Gass of Elliston had tried to evict his renter by turning off her water. By Mike Gangloff
 981-3336

A landlord who tried to evict a tenant by turning off her water, reporting her to Child Protective Services and summoning police to roust her from her bed must pay $13,600, a judge said in an order to be entered in Roanoke General District Court today.

Shannon M. Boyd's struggle with her landlord, retold last week in court, began in December when she notified him she had lost her job and would be unable to pay the $575 monthly rent until she got her final paycheck. Boyd shared a Southeast Roanoke duplex with her two children and her boyfriend.

The landlord, Gunther Gass of Elliston, replied that she'd better find the money.

On Dec. 29, Gass had Boyd's water turned off. On Dec. 30, he came to the duplex with a city housing inspector, who condemned the building and said no one could live there unless water was restored within two days. Gass said he had no intention of doing that unless Boyd paid him, she said.

Then, after Gass and the inspector left, a Child Protective Services worker arrived to tell Boyd that Gass had reported she was keeping her children, ages 1 and 4, in an unsafe home.

Boyd moved her children to her parents' home in Bedford County, but returned to the apartment late on New Year's Day. Her arrival was reported to Gass by neighbor Elizabeth Dudley, who described herself in court last week as a neighborhood watch leader.

Gass called police, then came to the duplex and unlocked the door so officers could enter. Boyd testified that she was in bed and was undressed, and officers made her put clothes on as they watched, then charged her with trespassing and told her to leave the apartment. The trespassing charge was thrown out when it came to court.

In last week's hearing, Gass apologized and said he had acted badly. He said he had been swayed by months of calls from Dudley, who said the eight security cameras around her residence recorded activity that included fights and what she thought might be drug dealing.

But when Judge Frederick King asked Dudley if she had definitely seen drugs, she said she had not. And Boyd said that topless video footage of her that Dudley claimed to have taken could only have been shot through Boyd's window.

In the order set to become effective today, King said that Gass, who had more than 15 years experience as a landlord, knew how to lawfully evict someone. Instead, Gass showed a "willful and wanton disregard" for Boyd's rights and violated his own lease with her, King said.

King awarded $2,500 to Boyd for a trespass claim, $2,500 for malicious prosecution, $2,500 in punitive damages and refunded her $575 security deposit.

He said Gass violated Virginia landlord-tenant and consumer protection laws, and awarded Boyd $525 as triple damages for an illegally steep $175 late fee Gass charged when Boyd was a few days late with her November rent. King also ordered Gass to pay $5,000 to the Legal Aid Society of Roanoke Valley, which represented Boyd in her lawsuit against Gass.

"It's really nice to have recognition that all the claims were well-founded," attorney Henry Woodward of the Legal Aid Society said.

Gass will have 10 days to appeal King's order.

Saturday, August 21, 2010

All Of The Auctioneers Mailing Lists Around Here

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If you would like to get on all of the auctioneers mailing lists..... here they are. If you know of any others that auction property in the Greater Roanoke area please comment.

www.tommywagnerauctions.com
www.tranzon.com
www.motleys.com
www.rowellauctions.com
www.woltz.com
www.countsauction.com
www.williamsauction.com
www.hudsonandmarshall.com
www.homelandauctions.us

What You Need To Know About The Mortgage Crisis

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Liberal New York Times Article, Further Evidence

Nearly 50 Percent Leave Mortgage-Aid Program

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Obama and the Democrats who voted for the bailout gives your hard earned tax payer dollars to banks to help people who never should have owned a home. The banks line their pockets with your money taking it in trade for extending someones length of mortgage or discounting it for a while and charging them on the back side of the mortgage. Nearly 50% of the tax payer money welfare program participants can't make those reduced payments either and drop out or get kicked out of the program. Your grandchildren will be paying back this bailout which in all reality ended up in the banks pockets. The banks historically take about 100,000 houses per year. We are on track for 1 million this year. In 2011 it is predicted that there will be about 1.5 million foreclosures or short sales.

WASHINGTON (Aug. 20) -- Nearly half of the 1.3 million homeowners who enrolled in the Obama administration's flagship mortgage-relief program have fallen out.

The program is intended to help those at risk of foreclosure by lowering their monthly mortgage payments. Friday's report from the Treasury Department suggests the $75 billion government effort is failing to slow the tide of foreclosures in the United States, economists say.

More than 2.3 million homes have been repossessed by lenders since the recession began in December 2007, according to foreclosure listing service RealtyTrac Inc. Economists expect the number of foreclosures to grow well into next year.

"The government program as currently structured is petering out. It is taking in fewer homeowners, more are dropping out and fewer people are ending up in permanent modifications," said Mark Zandi, chief economist at Moody's Analytics.

Besides forcing people from their homes, foreclosures and distressed home sales have pushed down on home values and crippled the broader housing industry. They have made it difficult for homebuilders to compete with the depressed prices and discouraged potential sellers from putting their homes on the market.

Approximately 630,000 people who had tried to get their monthly mortgage payments lowered through the government program have been cut loose through July, according to the Treasury report. That's about 48 percent of the those who had enrolled since March 2009. And it is up from more than 40 percent through June.

Another 421,804, or roughly 32 percent of those who started the program, have received permanent loan modifications and are making their payments on time.

RealtyTrac reported that the number of U.S. homes lost to foreclosure surged in July to 92,858 properties, up 9 percent from June. The pace of repossessions has been increasing and the nation is now on track to having more than 1 million homes lost to foreclosure by the end of the year. That would eclipse the more than 900,000 homes repossessed in 2009, the firm says.

Lenders have historically taken over about 100,000 homes a year, according to RealtyTrac.

Zandi said the government effort will likely end up helping only about 500,000 homeowners lower their monthly payments on a permanent basis. That's a small percentage of the number of people who have already lost their homes to foreclosure or distressed sales like short sales - when lenders let homeowners sell for less than they owe on their mortgages.

Zandi predicts another 1.5 million foreclosures or short sales in 2011.

"We still have a lot more foreclosures to come and further home price declines," Zandi said. He said home prices, which have already fallen 30 percent since the peak of the housing boom, would drop by another 5 percent by next spring.

Many borrowers have complained that the government program is a bureaucratic nightmare. They say banks often lose their documents and then claim borrowers did not send back the necessary paperwork.

The banking industry said borrowers weren't sending back their paperwork. They also have accused the Obama administration of initially pressuring them to sign up borrowers without insisting first on proof of their income. When banks later moved to collect the information, many troubled homeowners were disqualified or dropped out.

Obama officials dispute that they pressured banks. They have defended the program, saying lenders are making more significant cuts to borrowers' monthly payments than before the program was launched. And some of the largest mortgage companies in the program have offered alternative programs to those who fell out.

Homeowners who qualify can receive an interest rate as low as 2 percent for five years and a longer repayment period. Those who have successfully navigated the program to reach permanent modifications have seen their monthly payments cut on average by about $500.

Homeowners first receive temporary modifications and those are supposed to become permanent after borrowers make three payments on time and complete all the required paperwork. That includes proof of income and a letter explaining the reason for their troubles. But in practice, the process has taken far longer.

The more than 100 participating mortgage companies get taxpayer incentives to reduce payments. As of mid-June only $490 million had been spent out of a potential $75 billion the government has made available to help stem the wave of foreclosures.

___

AP Real Estate Writer Alan Zibel in Washington and Alex Veiga in Los Angeles contributed to this report.

Friday, August 20, 2010

Roanoke Landlord Strong Arm's Deadbeat Tenant Out Which Causes Unnecessary Drama

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We all know how it feels when a tenant is shacking up in your place for free while you have a mortgage and many other expenses to pay. Much of the problem is related to the politician created Virginia Landlord Tenant Act which allows the tenant to get a free ride for 2-3 months or more. Gunther Gass, a Roanoke landlord tried to get this deadbeat out of his house using a number of unconventional methods. One of which was cutting off the water he was paying for the tenant who refused to pay him. In this particular incidence, I would have to side with the landlord. It should be allowed to end the water bill if your tenant refuses to pay rent. And it's outrageous that landlords in Virginia are forced to provide utilities that they are paying for even if the tenant is a deadbeat.

Lets turn this around. A politician owns a business and gives credit to some people. They don't pay for the items or services they bought. Should the politician be forced to continue to provide the product or service until a judge decides they can stop which could be 2-3 months later or more, increasing the debt substantially? If not, why should a landlord? Is it because the landlord is an evil rich landlord who doesn't have mortgages and mass expenses to pay? And is the politician is a good person who is only looking out for the people so he or she shouldn't have the same thing imposed on them?

Lets get real people. Enough is enough!

Read this Roanoke Times article to see how it turned out.


Court testimony details tenant-landlord tensions
The tenant filed the lawsuit to accuse her former landlord of trespass, malicious prosecution and other violations.

By Mike Gangloff
 981-3336

Retold Thursday in a Roanoke courtroom, the eventful end of Shannon M. Boyd's tenancy in Gunther Gass' rental duplex in Southeast was a tale of landlord-tenant relations gone awfully wrong.

"It's way over the top. It's the sort of thing you just don't hear about even in fiction very much," said Henry Woodward of the Legal Aid Society of the Roanoke Valley, who represented Boyd in a lawsuit she filed to accuse Gass of trespass, malicious prosecution and violations of Virginia housing regulations.

Consider just the events of Dec. 30, none of which Gass disputed.

First, Boyd testified, she discovered via a home test that she was pregnant with her third child.
Later that morning, Gass, who owned Boyd's apartment and who a day earlier had cut off the water because she was two weeks late with her rent, showed up with a city building inspector. The inspector condemned the building, telling Gass he had two days to restore water service or no one could live there.

Then, after Gass and the inspector left, a child protective services worker arrived to look into a complaint -- filed by Gass -- that Boyd was keeping her 1-year-old and 4-year-old in an unsafe home. Eventually satisfied that Boyd was not causing the problem, and that she was taking her children to stay at her parents' home in Bedford County, the social worker advised her to get an attorney, Boyd said.

That eventually led to Thursday's hearing.

Boyd said she, her boyfriend and her children had moved into the duplex in September and paid the first couple of months rent on time. She was a few days late in November, and Gass charged a $175 late fee.

Then about Dec. 10, five days before her rent was due, Boyd lost her job at Hotel Roanoke. She said she tried to do the right thing, calling Gass to say that she would not be able to pay until she received her last paycheck. Her boyfriend, who had worked nights for her father's cleaning business, had already lost his job because of a decline in cleaning contracts, she said.
Gass told her to find the money, and said he'd kicked people out in 48 hours before.
Boyd said she heard nothing more until Dec. 30.

The final blow came on New Year's Day. Boyd had gone to her parents' home and spent New Year's Eve caring for all her family's kids while the adults attended a pray-in-the-new-year church service. Late on Jan. 1, she came back to the duplex to retrieve some of her belongings.
She, her boyfriend and her 4-year-old daughter -- her other child had remained with her parents -- went to sleep soon after their 10 p.m. arrival. About midnight, Boyd said, she was awakened by Roanoke police who Gass had let into the apartment. Officers held their lights on her while she got dressed, Boyd said, then kicked her out after giving her a summons for trespassing -- a charge that was thrown out when it came to court in February.

With Gass not challenging the sequence of events, Thursday's hearing really revolved around how much he would have to pay Boyd, who asked for just under $15,000, plus about $5,000 in attorney fees.

Gass, who lives in Elliston and said he had been a landlord for 15 years or more, apologized, saying he should have followed legal eviction steps if he wanted his tenants out. He said he panicked after getting numerous reports about possible drug use and fights from Elizabeth Dudley, who described herself on the witness stand as the neighborhood watch leader.
Dudley testified that she called Gass the night of Jan. 1 after seeing Boyd return. She said that over the months, her eight security cameras caught a variety of unsavory behavior at her neighbors' home, including footage of a partially unclad Boyd that Boyd said had to have been taken through the window of Boyd's apartment.

Judge Frederick King asked Dudley if she had actually seen Boyd or her boyfriend with drugs and Dudley said she had not.

"Did you consider her to be a busybody?" the judge asked Gass when the landlord returned to the stand. "She threw the bait in the water and you bit on it."

King said he would make no ruling Thursday other than to declare Boyd's lease terminated. But he said he would issue an overall decision soon.

Wednesday, August 18, 2010

Virginia Landlord Trades Sex For Rent and Tenants Get Charged With Extortion

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Sex-for-rent scheme leads to jail

In these tough economic times, Fairfax County police say it's not unheard of for a tenant to offer a landlord sexual favors in exchange for a month's rent. But when the scheme extends to extorting the landlord by threatening to tell his wife, that's when people get arrested.

Fairfax police said that two 20-something women living in an apartment on Beekman Place, just off Route 1 near Fort Belvoir, called their landlord recently and informed him they were unable to pay the rent. "The suspects suggested they would perform sexual acts in place of the rent," according to an affidavit by Fairfax Detective Mike Holland filed in Fairfax Circuit Court Tuesday.

"The victim agreed," Holland added.

So the landlord went over to the apartment, in the Sacramento neighborhood, and was instructed to go into the bedroom and remove his clothing, which he did, Holland wrote.
One woman "then did a slow dance while removing some of her clothing," then jumped on the bed, "straddling the victim."

The other woman came into the room and snatched the man's clothes and cell phone, according to Holland. Talk about killing the mood. The landlord got up, found his clothes and phone and left.

Next, police allege, the women called the landlord and advised him they had photos and video of the bedroom encounter. "Unless he gave them $500 per week and free rent," Holland wrote, "they would give a copy of the DVD to his wife." The women then sent their landlord a naked photo of himself on the bed, according to Holland.

The man went to the police, and last week Holland had him make a call to his tenants, which the detective monitored. In that call, one of the women boasted to the man that "several recording devices were used to capture the event," and they were "stored on several electronic devices within her residence," Holland wrote.

But, the woman made a new offer: If the man gave the women "$11,000 in cash, she would give him the recordings and go away."

No deal, said the man.

On Tuesday morning, police raided the apartment in the 8600 block of Beekman Place and seized CDs, DVDs, a camcorder, a still camera, and some marijuana, court records show. The women were arrested.

Jessica Testin, 23, and Rachel Beloff, 26, were both charged with a felony threat to extort money, which carries a possible prison sentence of up to 10 years. Officer Bud Walker, a Fairfax police spokesman, said the women were California residents, but did not know why they were living in southern Fairfax.

"This is not the only occasion we have seen this," Walker said of the sex-for-rent offer.
However, he added, "I don't know of any other cases where it involved extortion."
Both women were being held in the Fairfax jail Tuesday without bond.

-- Tom Jackman

By Tom Jackman | August 17, 2010; 3:14 PM ET

Read the original article here

Tuesday, August 17, 2010

Landlord Builder Screws Ukrop's, Ukrops Screws Bank

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IMD Investment group built the building for Ukrops and was their landlord. Ukrops rent is $73,333.75 a month. IMD had some unpaid costs on construction and delays in building the site.

Ukrops claims that this is the reason for their failure. They don't attribute their failure to higher prices than the Roanoke Market will bear or poor demographic research on their part. NO, It couldn't be us. It's the landlords fault because we're trying to squeeze out of what we owe. They sold their remaining stores earlier this year to Dutch based Royal Ahold.

Valley Bank, who funded IMD, ended up with the property at the court house steps so they are now the landlord. IMD made an arrangement with Ukrops that they owe Ukrops $5.6 million to the grocer. IMD has shorted the rent over the past couple of years and is now down to $4.9 million. Ukrops says Valley, taking the place of the previous IMD landlord, owes Ukrops $8.7 million which is quite a bit higher than the original agreement that IMD had with Ukrops.

So by this case, it clearly appears that the original landlord, IMD, feels they screwed Ukrops by $5.6 Million so they were giving it back in discounted rent. And now it appears that Ukrops who has sold off all of it's property, is now trying to screw Valley Bank.

It looks like Valley Bank has a nice big mess on their hands. A renter who bailed out on their 20 year lease and is trying to stick it to them even worse and a huge rental property that is going to be difficult to unload. I guess that means no more local loans from Valley for a while. I would have assumed that Ukrops would have filed a lien on the property for what they were owed. It's a perfect example for getting title insurance from a huge title company. This kind of thing could drive a little title company out of business and guess what, then you're stuck with the bill.

By my rental standards based on the monthly rent, the property is worth $3,666,687.50 and that's my final offer!

Read the full story here


Monday, August 16, 2010

Miller-Mote Tech College Rents Space in Tanglewood Mall

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Original Article

ROANOKE — Miller-Mote Technical College has leased 27,866 square feet on the top level of Tanglewood Mall in Roanoke. The college also plans to build out two retail spaces on the mall’s lover level. Construction will begin later this month for labs, classrooms and a student cafĂ©. Studley Inc. and Gentry Commercial Real Estate represented the college. Miller-Mote, based in North Carolina, also has a school in Lynchburg.

Wednesday, August 11, 2010

Roanoke Landlord "Spanky" Macher facing fraud charges

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The colorful Roanoke businessman also faces a count of tax evasion after his Monday arrest.

By Mike Gangloff
 981-3336

Longtime Roanoke businessman Roland H. "Spanky" Macher, who with his family built a restaurant and rental property empire, then watched his part of it slide into bankruptcy, was arrested Monday and brought into federal court on charges of bankruptcy fraud and tax evasion.
Macher was accused of hiding assets in a bankruptcy he filed in 2000. He sought to evade a $277,763 debt to the Internal Revenue Service that stemmed from his days running the Spanky's restaurant chain, according to a federal indictment unsealed Monday.

Tim Heaphy, the U.S. attorney for the Western District of Virginia, has scheduled a news conference today to discuss the indictment.

Macher will not enter a plea to four bankruptcy fraud charges and one count of tax evasion until he is formally arraigned on Friday.

As Macher sought bankruptcy protection, he improperly transferred ownership of three properties in Roanoke and three in Hilton Head, S.C., to other people, then had the properties sold or re-mortgaged, according to the indictment. Macher later testified under oath at a bankruptcy hearing that he had not disposed of any assets, the indictment said.

The indictment wasn't a surprise, said Macher's attorney, Paul Dull of Roanoke. Macher was told by authorities about five years ago that he was under federal investigation, Dull said. The lawyer said he would file a motion to dismiss the charges because most of the alleged crimes occurred a decade ago.

Assistant U.S. Attorney Pat Hogeboom said the six-year statute of limitations on the charges was not an issue because Macher sold one of the Hilton Head properties in 2007. Hogeboom said prosecutors decided to move forward with charges because Macher's bankruptcy was about to be discharged and it would be more complicated to pursue the case after that.

Having operated at least 16 restaurants, including the Star City Diner in downtown Roanoke that closed in the late 1990s, Macher also made headlines as a landlord caught up in squabbles with city inspectors and tenants over the poor condition of his buildings.

At one point, someone put a banner in front of one of his buildings saying he was degrading the neighborhood. In June, Macher put signs on city-owned property that he thought were not being mowed as often as required.

His towing of cars parked in a lot he owned near the Taubman Museum of Art sparked a lawsuit, a ruling that he was overcharging, and a state finding that he had not acquired a towing license.
With characteristic flair, Macher announced his April retirement from the towing business -- although a licensed company would still remove cars from his lot, he said -- by throwing a midday party and giving away hot dogs to passers-by. After he'd given away an estimated 200 hot dogs, the health department shut him down.

U.S. Magistrate Judge Michael Urbanski released Macher on an unsecured $25,000 bond, saying Macher could not begin any significant financial transactions without his probation officer's approval.

Urbanski also said Macher had to "friend" his probation officer on any social networking sites where he had a presence, something the judge made a standard condition after instances where a defendant threatened police or witnesses online.

Macher said his daughter had set up a Facebook account for him, but he did not know how to use it.

Dull assured the court he would connect the probation office with Macher's Facebook page.

Thursday, August 5, 2010

Landlord Fights Back Against Deadbeat Tenant

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Charlotte NC Landlords house goes into foreclosure, deadbeat tenant finds out and doesn't pay rent ensuring that the house will be foreclosed on, landlord fights back and sprays Dead Beat Tenant on the garage door and calls them "Ghetto People", dumb news anchor asks the cops if the landlord is going to be charged for spray painting her own house.

See the Video Here

Tuesday, August 3, 2010

Grand Jury Indicts Roanoke Tenants for Beating Their Landlord To Death

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Justin Lyn Musser, age 23 and Meghan Melissa Musser age 20 beat their elderly landlord, Harold Markham, age 80 to death because he refused to let them borrow his car.

Markham was still giving $4.00 haircuts out of his living room in his SE Roanoke home and rented a room to the Musser's. He also worked the evening shift at an adult video store on Williamson road to earn some extra income.

The neighbors saw the couple exit the house after beating Markham to death laughing and smiling and Meghan was gleefully saying "we killed the old man". Just prior to the beating they heard Markham yelling "Stop, Stop! Or I'll call the police!".

When the neighbors shortly afterward entered the house, Markham "had tears in his eyes" and was unresponsive.

The Mussers were later picked up in South Carolina.

Today they were indicted by the Grand Jury in Roanoke.

So what do you think landlords? Concealed weapon on you at all times a good idea or bad?
 

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