View Full Version : ACORN Stealing Homes
Community organizing, ACORN style:
ACORN Trains Citizens To Protest Home Foreclosures
Reporting
Derek Valcourt
BALTIMORE (WJZ) ―
A community organization breaks into a foreclosed home in what they are calling an act of civil disobedience.
The group wants to train homeowners facing eviction on peaceful ways they can remain in their homes.
Derek Valcourt reports their actions are not without controversy.
Near Patterson Park, the padlock on the door and the sign in the window tell part of Donna Hanks foreclosure story.
"The mortgage went up $300 in one month," said Hanks, former homeowner.
She says the bank refused to modify her loan and foreclosed, kicking her out of the house in September.
The community group ACORN calls Hanks a victim of predatory lending.
"This is our house now," said Louis Beverly, ACORN.
And on Thursday afternoon, they literally broke the foreclosure padlock right off the front door and then broke into the house, letting Hanks back in for the first time in months.
"We are actually trespassing, and so this is a way of civil disobedience to try to stay in the house," said Beverly. "Legally it's wrong, but homesteading is the only means that she has left to stay in her house. And we feel as though this is the right thing to do at this particular time to save this family."
Inside, there's spray paint on the walls and evidence that someone has possibly been remodeling.
The group says it was staging similar demonstrations in six other cities nationwide while urging a moratorium on foreclosures. They want that until President Obama's stimulus plan begins on March 4. The plan is designed to help threatened homeowners.
"As you all can see, Donna is reclaiming her home, and she's putting a lock on her door at this time," said Beverly.
But that padlock won't stay there for long.
The current property managers told Eyewitness News they were unaware of ACORN's actions Thursday and were contacting the police and their lawyers.
http://wjz.com/local/acorn.foreclosure.2.939119.html
I listened to a news report yesterday that one effect of the foreclosure issue here in California has been that the value of the over-inflated housing market has, in general, dropped 46% and the numbers of first time home buyers is up 85% as those who saved and can afford to now buy a reasonably priced foreclosed home at an affordable mortgage rate are getting the loans and doing so. ;)
And so it goes...
Richard's $.02 :munchin
"Police in Baltimore today made what is believed to be the first arrest in a civil disobedience program aimed at supporting homeowners who refuse to vacate their foreclosed homes.
An activist with ACORN — the Association of Community Organization for Reform Now — faces criminal charges after breaking into a home in southeast Baltimore on Thursday to protest the foreclosure crisis sweeping the country.
"This is our house now," ACORN member Louis Beverly reportedly said after cutting a lock with bolt cutters at the home.
Beverly will be charged with fourth-degree burglary, according to Anthony Guglielmi, a spokesman for the Baltimore Police. Attempts to reach his attorney, Justin Brown, were not immediately successful..."
http://www.foxnews.com/story/0,2933,498669,00.html
Amazing how fragile the rule of law is. They see, they want - and they take. I see no qualitative difference between such acts and any other burglary. Apparently, the police don't either.
The problem is, such acts seem likely to result in damage to the property along with a general degradation of the neighborhood. I wonder where the gas, electricity, and water for the house will come from. Will such services be stolen as well? Will the house be occupied without effective indoor plumbing? Without refrigeration? Will the squatters descend on the neighbors in a frenzy of borrowing - or of theft?
How far will ACORN go? I cannot help but wonder.
Surf n Turf
02-23-2009, 21:36
Amazing how fragile the rule of law is. They see, they want - and they take. I see no qualitative difference between such acts and any other burglary. Apparently, the police don't either.
The problem is, such acts seem likely to result in damage to the property along with a general degradation of the neighborhood. I wonder where the gas, electricity, and water for the house will come from. Will such services be stolen as well? Will the house be occupied without effective indoor plumbing? Without refrigeration? Will the squatters descend on the neighbors in a frenzy of borrowing - or of theft?
How far will ACORN go? I cannot help but wonder.
nmap,
I wonder if the State Government can go after ACORN as a group, either in state court / federal court, under one of the following:
Agency Theory
Beaulah Mae Donald v. United Klans of America Inc. et al: 1987
The suit was based on "agency theory," which holds that corporations are responsible for the deeds of employees acting according to the corporation's principles. Donald's attorneys attempted to prove that her son's death was not only the result of a conspiracy between the Mobile Klansmen, but also of their acting upon the UKA's violent policies through a semi-military chain of command.
http://law.jrank.org/pages/3409/Beaulah-Mae-Donald-v-United-Klans-America-Inc-et-al-1987.html
RICO Act
In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations (RICO) Act, Title 18, United States Code, Sections 1961-1968. In the 1980's, civil lawyers noticed section 1964(c) of the RICO Act, which allows civil claims to be brought by any person injured in their business or property by reason of a RICO violation. Any person who succeeded in establishing a civil RICO claim would automatically receive judgment in the amount of three times their actual damages and would be awarded their costs and attorneys' fees. The financial windfall available under RICO inspired the creativity of lawyers across the nation, and by the late 1980's, RICO was a (if not the most) commonly asserted claim in federal court. Everyone was trying to depict civil claims, such as common law fraud, product defect, and breach of contract as criminal wrongdoing, which would in turn enable the filing of a civil RICO action. .
Today, RICO is almost never applied to the Mafia. Instead, it is applied to individuals, businesses, political protest groups, and terrorist organizations. In short, a RICO claim can arise in almost any context.
http://www.ricoact.com/
I know the Feds won't initiate any action, as I am sure Eric Holder is a card carring member of ACORN. :mad:
SnT
Defender968
02-23-2009, 21:54
Amazing how fragile the rule of law is. They see, they want - and they take. I see no qualitative difference between such acts and any other burglary. Apparently, the police don't either.
The problem is, such acts seem likely to result in damage to the property along with a general degradation of the neighborhood. I wonder where the gas, electricity, and water for the house will come from. Will such services be stolen as well? Will the house be occupied without effective indoor plumbing? Without refrigeration? Will the squatters descend on the neighbors in a frenzy of borrowing - or of theft?
How far will ACORN go? I cannot help but wonder.
Unfortunately that's exactly what will happen, I've seen folks steal power before, just takes one guy who knows what he's doing to bypass the meter. Hopefully the DA/solicitor in their jurisdiction will go the distance on the Burglary Charge and ask for the max, unfortunately in Maryland Burglary 4th is a misdemeanor that only carries a max sentence of 3 years, let’s hope they at least get a good judge who throws the book at her.
Personally I would have tried to push the envelope with a Burglary 3rd charge, after all they committed burglary with intent to commit trespass and/or theft, and the statute only says they have to commit burglary with intent to commit another crime, it's a little weak and the wrong jury would throw it out, but with the right jury you have the chance of sending her up for 10 years, and she'd be a convicted felon, she'd probably only do 3-5 years but I bet that would put an end to her "civil disobedience" which this is not IMHO, it also might set an example to stop any more nonsense by these Acorn criminals.
Lucky I'm not the DA/Solicitor, do the crime, you better be prepared to do the time. :mad:
Defender968
02-23-2009, 22:15
nmap,
I wonder if the State Government can go after ACORN as a group, either in state court / federal court, under one of the following:
Agency Theory
Beaulah Mae Donald v. United Klans of America Inc. et al: 1987
The suit was based on "agency theory," which holds that corporations are responsible for the deeds of employees acting according to the corporation's principles. Donald's attorneys attempted to prove that her son's death was not only the result of a conspiracy between the Mobile Klansmen, but also of their acting upon the UKA's violent policies through a semi-military chain of command.
http://law.jrank.org/pages/3409/Beaulah-Mae-Donald-v-United-Klans-America-Inc-et-al-1987.html
RICO Act
In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations (RICO) Act, Title 18, United States Code, Sections 1961-1968. In the 1980's, civil lawyers noticed section 1964(c) of the RICO Act, which allows civil claims to be brought by any person injured in their business or property by reason of a RICO violation. Any person who succeeded in establishing a civil RICO claim would automatically receive judgment in the amount of three times their actual damages and would be awarded their costs and attorneys' fees. The financial windfall available under RICO inspired the creativity of lawyers across the nation, and by the late 1980's, RICO was a (if not the most) commonly asserted claim in federal court. Everyone was trying to depict civil claims, such as common law fraud, product defect, and breach of contract as criminal wrongdoing, which would in turn enable the filing of a civil RICO action. .
Today, RICO is almost never applied to the Mafia. Instead, it is applied to individuals, businesses, political protest groups, and terrorist organizations. In short, a RICO claim can arise in almost any context.
http://www.ricoact.com/
I know the Feds won't initiate any action, as I am sure Eric Holder is a card carring member of ACORN. :mad:
SnT
Again I’m not a lawyer but I took a look at both RICO and the agency theory and I don't either they would apply.
For RICO to apply it appears to me they(Acorn) would have to derive some sort of financial gain out of the crime (normally through racketeering), in this case the benefit from the crime is to the x-homeowner, but no money is being exchanged except maybe from the x-homeowner to Acorn by the way of membership fees or donations, and that probably wouldn't be much if any as if they had any cash maybe they would have paid the mortgage :rolleyes: and one couldn’t 't prove the cash was for helping them break into the houses.
I think agency theory would be a stretch but I can see where you're going, I'd love to hear what our resident counsels think of it.