Sad, true story of a man losing his life savings

[Fosco33]

I could write a 500 page novel but no one would read it. Hollywood couldn't make this up!

Here's the story:

A man, I'll call him Greg, worked 80+ hrs/week for 30+ years as a welder in a tool and die shop in New Berlin, WI. He put his 4 children through parochial school and managed to buy a little home and fixed up old beater cars so they could drive.

In the summer of '98 Greg developed a long-lasting cough - he went to a dozen doctors and kept getting prescribed drugs for a whooping cough. After 2 months, dejected and tired, Greg went to the Mayo Clinic and found out he had cancer of the larynx.

Being a welder surrounded by dangerous fumes, his employer of 30 years fired him on a Friday afternoon with no warning - facing radiation without insurance his wife took a second job as a waitress and his kids paid their own way for everything. 6 years later he's completely fine except his voice is a bit scruffy - good thing for an Italian with a short fuse and a loud voice.

Pretty dejected by society and 'the man', Greg became recluse and lived off his savings. About 2 years ago, he made a decision to buy some land on Bear Lake, WI and build his retirement cottage. He helped neighbors build driveways and dug/poured the basement. Here's where the story gets ill....

Greg found a modular home company who would assemble and deliver a nice, little place on the land. Greg took his life savings and paid 100% cash for this home and mortgaged the rest of the land. He did his due diligence and check BBB and all seemed clear. Waiting for a plumbing contractor to file some paperwork, he finally had approval to have his home delivered.

Then, in Sept '05, Hurricane Katrina devastated the South. Having been a few weeks past delivery, Greg called the modular home company and the guy said that due to Katrina there were no trucks coming up to Northern WI. Being a somewhat gullible man, he bought it. About a month later, Greg called the man's business partner and she said it sounded fishy. Greg called the manufacturer and found out the man had sold his home to someone else. Immediately, Greg realized he had been had.

Looking to his nephew, a contract lawyer in GB, Greg realized he had to hire professional lawyers and file suit. Greg's lawyers found out the shifty character was 'borrowing from Peter to pay Paul' and had ripped off 3 other people for a total of $250,000. This asshole was arrested and is awaiting trial for multiple felonies - unfortunately this guy has $0 to his name and his business partner wasn't a legal partner.

Greg is now facing having to A) sell the land and eat the $50,000 home or B) continue to pay $650/mo in mortgage and fight a guy who has nothing to take. Even if this guy had any money, the lawyers would take about half of any recovered funds and still charge about another $10K in fees.

Greg is my Dad.

I'm reaching out to the Internet for any help - any at all. I'm a firm believer in the hearts of good people and know that karma goes around. I've thought of asking for pro bono work from lawyer friends or Contact 6 or something.

How can I help my Dad?

[MJZiggy]

Go to his county's Bar Association. They should have some sort of "find a lawyer" or "ask a lawyer" service. Explain the situation carefully and tell them that you were hoping to find someone who does pro bono work for older people who have been scammed. I don't think Contact 6 would be of much help as they usually work against companies that are hoping to stay in business and comply hoping to make themselves look better to future customers. It doesn't sound like this guy is trying to have any future customers. That is what I'd do anyway. Go to the local Bar Association.

[pacfan]

This is a shot in the dark, but check with the mortgage company. Maybe the mortgage had some type of insurance (homeowners, maybe). Check with bretsky, he is a mortgage guy and he might know better.

[SkinBasket]

Has he tried working the manufacturer? I'm not really sure from how you described it how the transaction was made, but if the douchebag that sold him the house was in any way an agent or representative of the manufacturer, they should be on the hook, not your dad.

For better help I would contact the folks at the WI Dept of Consumer Protection. I've worked with them before and they are friendly, helpful, and rather effective in dealing with this kind of shit, and your tax dollars already paid for the help they can offer. Very highly recommended and they should know what your dad's rights are in regards to the transaction. Here's the link:

http://www.datcp.state.wi.us/core/co...protection.jsp

[SkinBasket]

My wife (she's actually an attorney) says contact Legal Action of Wisconsin:

http://badgerlaw.net/Home/PublicWeb/LAW

They'll set you up with the appropriate resource. Good luck and kick em in the balls in the name of justice.

[Fosco33]

Thanks for the input everyone. Much appreciated!

[Tony Oday]

ouch. From the mortgage you have nothing that saves you. In all honesty if the guy doesnt have anything Im sorry but I thin kyou are kinda screwed. Sorry

[Fosco33]

ouch. From the mortgage you have nothing that saves you. In all honesty if the guy doesnt have anything Im sorry but I thin kyou are kinda screwed. Sorry

Maybe - maybe not. We're trying his quasi business partner's insurance. Either way there's a law on the books protecting victims of fraud - the Mandatory Victims' Restitution Act - the way I read into it basically this guy would be required to pay back every cent or sit in jail the rest of his life - literally until death.

Here's part of that law:

`(j) Compliance with the schedule of payment and other terms of
a restitution order shall be a condition of any probation, parole, or
other form of release of an offender. If a defendant fails to comply
with a restitution order, the court may revoke probation or a term
of supervised release, modify the term or conditions of probation or
a term of supervised release, hold the defendant in contempt of
court, enter a restraining order or injunction, order the sale of
property of the defendant, accept a performance bond, or take any
other action necessary to obtain compliance with the restitution
order. In determining what action to take, the court shall consider
the defendant's employment status, earning ability, financial
resources, the willfulness in failing to comply with the restitution
order, and any other circumstances that may have a bearing on the
defendant's ability to comply with the restitution order.

If this doesn't occur, the guy will likely get out in 2-3 years (or earlier). Where's the punishment? Who hear would sit in jail for 2 years after either spending or hiding 250 Gs? Fuck justice.

[CaptainKickass]

Submit this story in a press release to every news media outlet in WI. Open a savings account at a bank - preferably one that is quite popular - and include the information that you are accepting donations in the press release.

Get it on the TV and watch the magical generousity of the general population.

[Scott Campbell]

Why does he have a mortgage payment? You shouldn't begin mortgage payments until after the closing where you take posession.

Is he just out the down payment?

[Fosco33]

Why does he have a mortgage payment? You shouldn't begin mortgage payments until after the closing where you take posession.

Is he just out the down payment?

He paid cash for the modular home (100%) and financed the remaining portion of just the land cost through a different company. He bought the land like two years ago @ a fixed rate (3%ish) and it just jumped to like 7%. After a year of planning (driveways, landscaping, septic tanks, concrete basement/foundation) and getting permits, etc. he bought the modular home (a year ago).

[Scott Campbell]

Then he needs to keep paying the mortgage on the lot so that he doesn't default and lose it. The lot and the house are completely seperate issues at this point. IMO.

In retrospect, that money should have been put in escrow, or he should have made a far smaller down payment. Once you give someone that kind of money you lose almost all your leverage and there is no equilibrium to the business relationship.

Nonetheless, he is a victim of fraud. And that scumbag deserves to go to jail. I wish you luck.

[Fosco33]

In retrospect, that money should have been put in escrow, or he should have made a far smaller down payment. Once you give someone that kind of money you lose almost all your leverage and there is no equilibrium to the business relationship.

You're 100% correct. The guy knocked off 20% on the home if he paid in full upfront. A hard lesson b/w a good deal and getting shafted.

Thanks again, everyone. I'm feeling more motivated to help my Dad. I may even buy the lot and continue make the payments (no way he can afford that with the interest rate increases). Hopefully, something happens with the home and they can live/retire there and I'll visit for the holidays. At some point, it'll be a nice ROI for me - both financially and emotionally.

If anything gets resolved, I'll let you know.

Peace-

[Sparkey]

In retrospect, that money should have been put in escrow, or he should have made a far smaller down payment. Once you give someone that kind of money you lose almost all your leverage and there is no equilibrium to the business relationship.

You're 100% correct. The guy knocked off 20% on the home if he paid in full upfront. A hard lesson b/w a good deal and getting shafted.

Thanks again, everyone. I'm feeling more motivated to help my Dad. I may even buy the lot and continue make the payments (no way he can afford that with the interest rate increases). Hopefully, something happens with the home and they can live/retire there and I'll visit for the holidays. At some point, it'll be a nice ROI for me - both financially and emotionally.

If anything gets resolved, I'll let you know.

Peace-

If it sounds too good to be true, ............

My best too your dad.

[Fosco33]

Well, a slight update on my Dad's situation.

The lawyer fees are now about 24K - of which he's paid like 8. My parent's home verses the debt are about 20K away from the b word.

The fucker that ripped him off is still not in jail and lives with a girlfriend and hides his income - in some small town in Northern WI. There's no money to take and a PI wouldn't be able to find out shit. Even if he goes to jail, no money will ever come back to my dad or the 3 other victims.

The manufacturer was able to prove that the woman (with insurance) knew the guy represented himself as an agent of her modular home business and my Dad obtained a legal statement as such. That basically means that he could go after her and the insurance company. Apparently, the woman's insurance company doesn't protect against this type of transaction. So, the lawyer recommended going after the woman. This woman is a good standing citizen (God feering, well respected) and well connected woman in a small town. The DA and Judge are basically friends and probably will rule a summary judgement that the case can't go to trial. So, in essence, my Dad is fucked.

I talked to him tonight and I hadn't heard a more dejected, hopeless conversation in a long time. He got a 9/hr job as a stocker at a local Cabela's and is nearly bankrupt. On top of that, my bro-in-law (who was going to take an additional mortgage on a cottage to allow my Dad to get/build a small home on the land) has also been screwed.

No joke - they built a decent cottage on Freiss Lake. Somehow (through no fault of theirs), it was overlooked that the building must be 2 ft above flood plain (Washington county rules - state of WI is only 1 ft). The DNR and county reps won't allow a variance despite the fact that every other home on the lake is at the flood plain (my sisters being 1 foot above). And this flood line hasn't been breached for 500 years. There's no engineering way to physically lift the house b/c it's set in 8 ft of concrete. They may allow rubber to be physically placed from 8 ft down to 2 ft above the house line but the sure cost is about 1/3 of the price of the house. Everyone (builders, engineers, home owners, neighbors, etc.) have said having this cottage at this level doesn't affect anyone (rescue primarily) and my sister's place has only improved the neighborhood and property value. For seemingly no reason, they won't budge despite a high priced lawyer and lots of begging/pleading. They may have to gut the building (parts, etc) and literally start over (at a huge cost - maybe reimbursable by the builder's insurance).

Either way, the loan my bro-in-law would've been able to give my Dad is years away - if ever gonna happen.

How the hell can this kind of stuff happen in WI? It seems everyone is connected and the universe is somehow against my Dad. I know I'll be there financially and emotionally - but no matter how you spin it - it just ain't right.

Just had to vent. Again, if anyone has ideas or knows someone who might, reply or PM me.

Thanks Rats.

Fos

[Charles Woodson]

CaptainKickass had a good idea. I mean start an account and have people donate to it. All you have to do is get the media to show it and people will start coming. Man though i can imagine that. Sorry all this had to happen to your brother and DAd.

[MateoInMex]

Captain Kick Ass is right!!

I don't know much about Finance and Real Estate, I haven't gotten to that part of college yet.

But if it hits TV and the media gets a hold of it, locally...it will grow legs and spread around.

This happened to Screetch from Saved By The Bell and the house he owns in Southern Wisconsin. He took his case to media outlets and sold T-shirts for $15 that said "I helped save Screeetch's house!"

The T-shirts had 3 e's in Screetch because the studio owns the Screetch name trademark bullshit.

I would go to the media.

Best of luck..and hopefully that scumbag will get cornholed in prison so hard, after the pull out his a-hole will slam shut like a car door!

[falco]

holy shit... i gave this guy a jump one day when his car was dead out at the lake......he told me the whole story. truly sad, there are some shifty people in this world.

Fosco, did he ever get a house put on the property? From my understanding, it would be difficult to find a buyer with the basement already there, since it was built specifically to fit this house.

unfortunately, this sort of thing happens way too often, and its unlikely to garner any media attention. you've got be very careful dealing with contractors; 99% are good, but the other 1% make up for it.

[MadtownPacker]

Cant you at least hire some goons to put a beatdown on him?

Im not joking about this. This guy has alot of nerve to still live around there. Sounds like the kind of fool that needs to get smoked.

[Fosco33]

Cant you at least hire some goons to put a beatdown on him?

Im not joking about this. This guy has alot of nerve to still live around there. Sounds like the kind of fool that needs to get smoked.

Dude, I'm not saying that probably hasn't crossed my dad's mind - but it wouldn't be hard to figure out who did it. In this shit, I bet my dad would end up in prison while the dickhead was able to sue him after paying nothing of the life savings he already ripped off.

Here's my guess - the judge screws the case and it doesn't go anywhere. The dickhead gets a little jail time but gets out in a year. I'll probably have to buy another modular home. He'd sell our house and get barely out of debt - probably split w/ my mom and live out his pissed off years on a property that cost way too much and reminds him daily of how fucked up shit got.

My sister/bro-in-law will probably have to do some crazy workaround on their lake house at a high cost and maybe seek reimbursement from the builder's insurance. Either way, they're loaded, young and won't be long-term affected.

At some point, you've got to hope their is a hell for people like the dickheads of the world. I don't wish bad ill on him and hope my dad gets some of his money back so when I put a cottage up there for him he can just live off that cash. Whether that's through the dickhead's business partner or mandatory victim's restitution act on a regular basis.

Just pisses me off on an otherwise stellar weekend for me as I just got another promotion.