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Neighbors Buying Property To Prevent The Establishment Of A Group Home The Bazelon Center for Mental Health Law Issue: Housing About News In court Take action Publications More resources Topics : Information sheets Advocacy resources on fair housing Jump to an issue: Advance Psych. Directives Children Civil Rights and the ADA Criminalization Education Elders with Mental Illnesses Housing Insurance Involuntary Commitment Managed Care Medicaid Medicare Rx Drug Benefit Mental Healthcare Privacy Restraint and Seclusion Supports in the Community - SSI - Temp. Assist. for Families Voting Fair Housing Information Sheet # 3 Neighbors Buying Property To Prevent The Establishment Of A Group Home Imagine the following scenario: A house in a residential neighborhood is for sale. A provider of residential services to persons with mental retardation believes that the house would be a great location for a group home for three women and submits a bid to purchase the house. Neighbors of the seller learn of the provider's interest in the home and meet to develop strategies for preventing the women from moving into the neighborhood. Eventually, the neighbors conclude that the only way to prevent the provider from purchasing the home is to submit a higher bid. The neighbors realize that none of them can afford to buy the home alone, so they pool their resources, give the money collected to one of the neighbors, and that person offers the seller $5,000 more for the home than does the provider. The seller sells the home to the neighbor acting on behalf of the group. Do the actions of the seller or of the neighbors who purchased the home violate the Fair Housing Act? The FHA makes it unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicapof (A) that buyer or renter; (B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (C) any person associated with that buyer or renter. 42 U.S.C. 3604(f)(1). The FHA contains an exemption for single-family houses sold or rented by an owner, provided that the owner does not use the services of a real estate agent or broker, own more than three such single-family houses, and, if the owner is not a resident, has not completed more than one sale within a 24-month period. 42 U.S.C. 3603(b). Thus, assuming the listed conditions are met, it is likely that the owner cannot be found liable under the 3604(f)(1) of the FHA. But what of the neighbors, who banded together to buy the home in order to prevent persons with disabilities from living there? Courts that have faced this and similar scenarios have answered the question in different ways. In Michigan Protection and Advocacy Service, Inc. v. Babin , 18 F.3d 337, 344 (6 th Cir. 1994), the Sixth Circuit called action similar to that described above as "normal economic competition." The Babin court analyzed the liability of the neighbors who contributed extra funds to make the purchase possible under 3604(f)(1), specifically the "otherwise make unavailable" provision. The court explained that, in normal economic competition, every purchase of a unique commodity affects availability to others. Thus, the court concluded, finding the neighbors liable would cause the statute's reach to be overbroad, and it affirmed the summary judgment entered by the court below. A claim also was asserted against the seller and the neighbors pursuant to 42 U.S.C. 3617, which makes illegal interfering with the exercise and enjoyment of the right to fair housing. The Sixth Circuit also rejected this argument, finding that the seller was motivated purely by economic considerations and that, while the purchase of the house disrupted the provider's negotiations, it did not prevent the provider from making an even higher bid on the property. Babin, then, stands for the proposition that actions related to the purchase of property — even when taken for the sole reason of preventing the use of that property by persons protected under the FHA — is "normal economic competition" and therefore is not a violation of the FHA. Not every court that has considered the issue since the Babin decision has agreed with that proposition, however. In United States v. Hughes , 849 F. Supp. 685 (D. Neb. 1994), the court denied a motion to dismiss and found the Babin decision "plainly wrong" in suggesting that there is an economic competition exception to the FHA. In Hughes , the court determined that a lender, who agreed to finance the purchase of property knowing that the intention of the buyer was to prevent the establishment of a group home, could be liable under 42 U.S.C. 3617. The court held that a bank violates the FHA by intentionally aiding buyers in keeping a home from other purchasers because those other purchasers are or are associated with persons with mental illness: [T]rue ' economic competition' does not exist when the purpose of the competition is to deny a protected person access to housing, as opposed to securing housing for oneself or for investment purposes. In fact, it is irrational to spend money for the purpose of prohibiting someone else from living next to you, if the reason you do not wish to live next to that person is because he or she has a handicap protected by the Act.-- Hughes at 686 (emphasis in original). A third opinion on this issue adopts the Hughes analysis. In Step-by-Step v. Lazarus , No. CV-97-1006 (M.D. Pa. Oct. 17, 1997), the court, in denying a motion to dismiss, held that the FHA "does apply to a buyer who purchases a property with the intention of preventing the purchase by an entity planning to use the property as a Group Home for members protected by the Act." Id. , slip op. at 1. In reaching this conclusion, the court agreed with the Hughes reasoning and stated that normal economic considerations do not exist where the underlying intent of the purchaser is to discriminate. The court found support for this proposition in 24 C.F.R. 103.20(a), which allows the filing of a complaint against "any person" engaged in a discriminatory housing practice, and in 24 C.F.R. 100.50(b)(3), which makes it unlawful to engage in "any conduct" that denies or makes housing unavailable to persons with disabilities. As these cases demonstrate, determining the motives of a buyer, seller, or neighbors and whether such motives are legally relevant is a complex issue. On the one hand, Congress has clearly mandated an end to discrimination in housing, and a narrow interpretation of the FHA, such as in Babin , allows persons with discriminatory intent to prevent individuals with disabilities from moving into a community. On the other hand, examining the private motives to all the various parties to a real estate transaction may be both unwieldy and burdensome. Clearly, it is helpful to fair housing advocates that the reasoning in Babin — even though articulated by an appellate court — was not convincing to the next two courts to consider very similar situations. While it remains too soon to make any definitive pronouncements on the merits of the issues, it is apparent, given the holdings in Hughes and Step-by-Step , that the actions of neighbors who buy property to prevent the establishment of group homes remain subject to viable challenge under the FHA. This information sheet was produced under a contract with the Advocacy Training/Technical Assistance Center of the National Association of Protection & Advocacy Systems For more information, contact Michael Allen, Bazelon Center for Mental Health Law, 1101 15th Street, N.W., Suite 1212 Washington, D.C. 20005-5002. Phone: 202/467-5730 ext. 117. E-mail: Michaela@bazelon.org . Judge David L. Bazelon Center for Mental Health Law 1101 15th Street, NW, Suite 1212 Washington, DC 20005 Phone: 202-467-5730 Fax: 202-223-0409 Email: webmaster@bazelon.org Judge David L. Bazelon Center for Mental Health Law 1101 15th Street, NW, Suite 1212 Washington, DC 20005 Phone: 202-467-5730 Fax: 202-223-0409 Email: webmaster@bazelon.org

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Century 21 Real Estate: home buying, home selling, financing and property listings. español Put My Century 21 to work for you, simply register your email address and create a password. Once you're registered, you'll be able to • save property descriptions • store your search criteria • file agent information • build a custom library Find out more or register now! Already registered? Sign in . -- Welcome to Century 21 Real Estate Century 21 Real Estate is your online resource for home buying, home selling, financing and property listings. Whether it's a house, condo, or any other type of property, we can assist you with your real estate needs. Search for Properties Looking to buy a new home, condo or any other property? Search thousands of properties in our real estate listings. Search Property Listings » First Time Homebuyers Guide » View Our Buyer Service Pledge » International Century 21 Real Estate LLC is part of the largest real estate referral network in the world - with over 110,000 brokers and sales associates in over 30 countries and territories. Access our world offices today» Sell a Property Let our real estate agents create a customized marketing plan to sell your property. List your Property » View Our Seller Service Pledge » View Mortgage Rates View current mortgage rates, apply for a home equity loan, crunch numbers with home mortgage calculators and more! Apply for a Mortgage Now» Use Our Mortgage Calculators » Find an Office or Agent Find and contact a CENTURY 21 Office or Agent to handle your real estate needs. Find an Office or Agent » Quick Vote! Your vote counts! Let us Know Where do you spend the most time? Bedroom Living Room Kitchen Bathroom Dining Room ©2005 Century 21 Real Estate LLC. An Equal Opportunity Company. Equal Housing Opportunity. Each CENTURY 21 Office Is Independently Owned And Operated. All rights reserved. Information appearing on this site has been produced by or obtained primarily from Century 21 Real Estate LLC and its representatives and from CENTURY 21 franchisees. Century 21 Real Estate LLC is not responsible for the accuracy or completeness of the broker information, sales associate information, listing information or other information provided by our franchisees appearing on or through this site. Such information has been provided by independent third parties who are solely responsible for such content. Certain conditions and restrictions apply to System promotions. Terms and Conditions of Use.

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Pre-foreclosure homes a remarkable Investment opportunity in real estate. SW018 Get Your 7 Day free Trial Here Access bank pre-foreclosures Free for 7 days for Florida and N.Y. counties! Access bank foreclosures and government foreclosed properties. Outside of Florida and New York. Free for 7 days!” Info About Our Online Tax Lien & Deed Course Seminar Info Our clients/users have instantaneous access to information regarding pre-foreclosure properties. They receive information on pre-foreclosed properties (Lis Pendens) that can make them a lot of money in a very short period of time. They capitalize on property that someone else is losing while helping them save their credit rating. They receive information on pre-foreclosure properties before they are sold at an auction to the highest bidder for Cash. They have access to pre-foreclosure property information such as Plaintiff, Defendant, Complaint, Amount financed, and much more . Anyone can capitalize on one of the best investment opportunities in the market, and in the world, Real Estate . Get Your 7 Day free Trial Here What is REIO? Hello, welcome to Real Estate Investing Online. "REIO" is an Internet based service that provides information regarding pre-foreclosure properties. Are you looking for the information to capitalize upon a premium investment opportunity in foreclosure homes? Are you looking to buy a new home, has commission, closing cost, and down payment changed that consideration ? If so, "REIO" can help! 1st Stage Of Foreclosures: we provide lis pendens for Florida and New York. You can contact the the property owners and buy or reinstate the mortgage. 2nd Stage in Foreclosure Sheriff Sales: We provide a sheriff sales list for Florida and New York. The Property owners are more motivated to sell three weeks prior to auction. 3rd Stage in Foreclosure Bank Reo’s or Foreclosed properties: Owned by the banks. The banks usually list the properties with a Realtor. Example of foreclosed properties are HUD homes, which are government owned homes. Pre-foreclosure homes : a remarkable Investment opportunity To illustrate the benefits of using this service, consider the story of that fictitious man named John Doe. John, like many others, had the misfortune of losing his job and having been late on his mortgage. Fortunately, you can benefit from John's misfortune while helping him at the same time. For instance, suppose Mr. Doe owes $50,000 on his mortgage and his home is currently appraised at $100,000. You could buy the home from Mr. Doe for $75,000 , have him pay for some of the down payment and closing costs, and sell the home for $100,000 without having to pay capital gains tax (considering you buy a house for equal or greater value within 2 years) . Another way that the both of you can benefit is by Quit Claiming the property into your name and taking over the payments of the current debt. Clearly you and Mr. Doe are in a better position as a result of this transaction. Mr. Doe is not only relieved of his debt, he is also financially better off. You are not only financially better off: you also help another person like Mr. Doe. Although this transaction has great benefits it also has some costs. Arranging this transaction can take much time and effort. This is where REIO can help you. We provide our members with all the information necessary to put together a transaction like the one illustrated above. If you are someone who is frustrated with their current job or are looking for the opportunity of a lifetime we can also help. all you need to do is contact us at Support@foreclosure-homes.com Therefore, start using REIO and let us help you start investing toward a better future. Home Evaluation Request Mortgage Calulator New Ocean View Pre-Forclosure Available Now! Get Your Free Insurance Quote From Get Your 7 Day free Trial Here click here for database help Become A User!

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MSN Money - The hazards of some home-equity loans MSN Home Hotmail My MSN Sign In Money S earch MSN Money: Help Home News Banking Investing Planning Taxes My Money Portfolio Loans Insurance Banking Home My Accounts Bill Pay Mortgages/Loans Services Credit Reports Financial Tools Track your bills Resources Decision Centers Home Buying Guide Home Financing Your Credit Rating Financial Privacy Better Banking Credit Card Smarts Bankruptcy Guide Commentary Index Related Links Manage Debt More on Budgeting Print-friendly version Send this to a friend See where rates stand Calculate your debt burden here Find a home-equity loan Find books on home buying Find It! Article Index Finance Q&A Tools Index Site Map Don't get fooled by the "special programs" offer mentioned in advertisements. Today's homeowners have forgotten -- or never learned -- the lessons of their grandparents. Recent articles by Terry Savage: • How to limit divorce's financial sting , 1/5/2003 • 5 financial steps to help your aging parents , 1/5/2003 • Prepare for the unthinkable: long-term care , 1/5/2003 More... The Basics The hazards of some home-equity loans advertisement What looks like an easy way out of debt could one day put your family out on the street. Get the facts behind those enticing ads for 125% home-equity loans before you put your home on the line. By Terry Savage What looks like a great deal, but could turn out to be the most devastating financial decision of your life? It's when you consolidate credit-card debt by taking out home-equity loans for more than the value of your house, sometimes for up to 125% of the home's value. Unlike traditional home-equity loans that rely on the equity you've built up in your home, these loans aren't tax deductible and usually carry higher interest rates. Find a loan that's right for you at the Loan Center By television, direct mail and now by e-mail, lenders are pushing you to consolidate your credit-card debt by borrowing on your home. Here's the text of an actual e-mail I received recently: Consolidate Debt, Refinance Your Home or Put Cash In Your Pocket! We Have Special Programs with rates starting as low as 2.5% APR 7.22% Special Programs for Self-Employed Borrowers Previous Bankruptcies or Foreclosures OK!! Debt Consolidation - pay off high-interest debts and get the cash you need Second Mortgages - get 125% of your home's value. The television commercials make it look easy and enticing. A top athlete, like quarterback Dan Marino, offers you the chance to cut your monthly payments, pay off your credit cards and take out extra cash to remodel your kitchen or go on a vacation. But think twice. It's important to understand the risks, as well as the attraction, of those lower monthly payments. For some, this is the way to go For many people, a home-equity loan is indeed the smart way to borrow. The interest rate is typically lower, and the interest is tax deductible. Plus, home-equity loans are amortized over about 15 years vs. about four years for credit cards. That means the monthly payment on a home-equity loan is far lower than a minimum required credit-card payment. For example, if you owe $10,000 on your credit card at 15%, you'll probably have a monthly payment of $278. But the same amount owed at 15% on a home-equity loan that's amortized over 15 years results in a monthly payment of only $140. The more you owe, the more enticing a home-equity loan looks. At $20,000 in debt in the same scenario, the home-equity loan costs $280 a month, while the credit card and/or auto debt requires a $557 monthly payment. The trouble comes when people borrow all their home equity to pay off their debts, but they haven't learned how to manage their money well enough to avoid running up credit-card debts and auto-loan debts again. In fact, the lenders have a name for this process: It's called "reloading." Then, if the economy slows or one of the breadwinners loses a job, the next time you get into credit-card trouble, you could actually lose your house. Statistics from the Mortgage Bankers Association underscore the problem. The percentage of homes foreclosed in 1998 was 1.16%, about double the rate of the terrible recession years of the early 1980s, when 0.59% of homes were in foreclosure. The rising foreclosure rate comes even as bankruptcy rates remain high, with 1.2 million filings in 1999. But as people try to avoid bankruptcy, they're increasingly taking out home-equity loans to pay off their other bills. As a result of those home-equity loans (and new mortgage programs designed to help people buy homes with down payments of less than 5%), Americans have a lower percentage of equity in their homes than at any time in history. Essentially, an unsecured loan The real kicker comes if you borrow past the value of your home. Unlike home-equity loans, these loans usually are not considered tax deductible. The law says that all interest on a first mortgage (of up to $1 million) is deductible. And interest on up to $100,000 of a second mortgage or home-equity loan also is deductible. By law, interest on any part of a loan that exceeds 100% of the value of your home is not deductible. In addition, lenders typically charge higher rates, because you've essentially taken out an unsecured loan. An unsecured loan means there is no collateral in case you default on the loan. A mortgage for up to the value of your home is "secured" by the home itself. Many lenders charge interest rates seven or eight percentage points higher than traditional mortgages. In some cases, that's twice what you'd pay for a regular mortgage or home-equity loan. Don't get fooled by the "special programs" offer mentioned in advertisements like the one I mentioned earlier, either. They're either introductory loans, which require large "balloon payments" several years later, or adjustable rate loans in which the rates -- and the payments -- can increase every year. As long as the loan is repaid, it's very profitable. And the lenders know that paying off mortgage or home-equity loans takes a high priority in a consumer's mind, so the default rate is far lower than on unsecured credit-card lending. SMR Research, a financial industry market-research firm, reports that about 30% of all home-equity loans are sub-prime. That is, these are loans made to borrowers who are considered a poor credit risk -- the very people most likely to be caught in the crunch when the economy turns down. Bankruptcy: the only escape The greatest danger for those who fall for this pitch is the fact that they've put their home on the line. If they fail to make the payments, the lender can force the home to be sold in a foreclosure proceeding. The grantor of the original mortgage must be paid off first; then the home equity lender collects what's left from the sale price. And if there's not enough equity to repay the home equity lender, a default judgment will be entered against the borrower for the difference. The only escape is bankruptcy. The generation that went through the Great Depression of the 1930s learned the hard way not to borrow against the family home. So many people lost their homes that by 1935, banks categorized 20% of all mortgages as "real-estate owned" -- that is, foreclosed. But today's homeowners have forgotten -- or never learned -- the lessons of their grandparents. Rising home prices have tempted homeowners to count home equity as a source of ready cash. But that kind of home equity borrowing should only be done as part of an overall financial plan and a disciplined approach to money management. Otherwise, today's easy way out of debt could one day put your family out on the street. 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