Saturday, January 25, 2014

ABC Action News I-Team: Experts Say Court-Approved Sale Was Below Market Value

INDIAN ROCKS BEACH, Fla. -  The I-Team has uncovered a real estate transaction, done with the court’s approval, potentially benefiting an officer of the court.

The purchase involved an attorney hired to represent a woman who had been incapacitated and placed in Florida’s guardianship system.

 Experts say the attorney didn't pay a fair price for the property and walked away with a big real estate bargain.

 Jacqueline Harwood, now 77-years-old,  lived in the home from the time it was built in the 1940's until last June.

 “This is a good lot here. It's deep and it has water access to the Inland Waterway,” said Arthur Goetz, describing his neighbor’s home. “It’s a nice piece of property.”

 Filled with a lifetime of belongings, it needs updating, but it meets the number one rule in real estate.... location.

 “It's a quiet little street, tucked away in its own private oasis where you can put your boat dock, mangrove lined canals, and when you look out, you can see the Gulf of Mexico. It's something unique,” said Jeff Beggins, a broker for Century 21 who oversees 300 agents in 11 offices.

 The sale of the home was approved by a Pinellas County Probate judge in December for $165,000.

 “I just think that’s way under market value,” said Goetz.

 Harwood was declared incapacitated by a court in June of 2013 after showing signs of dementia, like repeatedly locking herself out of her home and walking down the street in her bathrobe during the day.

Patricia Johnson was appointed as her professional guardian after she told us she was contacted about the case by the Florida Department of Children and Families.

 The I-Team has referred to some of Johnson’s other cases as part of our series of reports on Florida’s guardianship system.

 Johnson moved Harwood into an assisted living center and hired attorney Gary Fernald to serve as Harwood’s guardianship attorney.

 “Typically the lawyer has a relationship with the guardian, but they're both paid out of the assets of the ward,” said retired Hillsborough County Judge Susan Sexton, who has overseen thousands of guardianship cases.

 Sexton says part of the attorney's role is to make sure every transaction involving the ward's assets is done by the book.

 “Absolutely, that is the attorney's role,” she said.

 The sale of Harwood's home would help pay for her future care, but the house was never put on the market by a realtor.

 Court records show, however, that a company called Rebecca Jane and Associates, LLC., which is not a registered company in Florida, offered to buy the home in November.

 Attorney Gretchen-Elizabeth filed that petition to sell the home on Johnson’s behalf.

 When the I-team questioned the transaction, both Gretchen-Elizabeth and Johnson resigned.

 “Shortly after the hearing was set, Mrs. Johnson made the decision to resign as Mrs. Harwood’s guardian,” said Fernald, in an e-mail sent to the I-Team. “At that point Gretchen-Elizabeth canceled the hearing and withdrew her appearance.  Judge St. Arnold signed the first order approving the sale on November 20, 2013.   Mrs. Johnson filed her petition for discharge on November 27, 2013.”

 It turns out the original buyer was actually Gary Fernald, the attorney who asked for Harwood to be incapacitated.

In December, Judge Jack St. Arnold signed an order allowing Fernald to buy his former client's home for $165,000.

Full Article, Video and Source:
I-Team:  Experts Say Court-Appointed Sale Was Below Market Value


Source:
Real Estate Deal Questioned

See Also:
Jeff Brandes:  Bill Would Help Keep Unscrupulous Guardians in CheckABC Action News I-Team:  Al Katz Center Educates and Fights Against Abusive Professional Guardianships

12 comments:

StandUp said...

I love those guys at ABC!

Betty said...

We knew it was going on and have been saying it for years. Now, there's proof!

Kathleen said...

Great work ABC! Realestate has went up in price alot!!! This price the attorney paid , I will say it was given to him no matter what condition. Anything with water access is worth alot! Thanks ABC for uptelling this story!

Finny said...

I can't express how grateful we are to Adam Walser and the I-Team for such fantastic investigative reporting.

Thank you thank you thank you!

Julianna said...

Wow. Thank you Adam Walser once again. FL will never be the same thanks to your diligent reporting on guardianship abuse.

I just bet you love your job.

Anonymous said...

Huh! Two lawyers and judge need to lose their license to practice law, immediately!

How do we get our guardians ad litem "for" the incapacitated person investigated in Virginia?

jerri said...

dirty tricks with real estate pssst what you read here about florida applies to all 50 states when will the feds go looking now that is the question with action long long long overdue why?

Meghan said...

This is a call for a full investigation and the culprits (each and every one of them) should be held accountable!

I wonder if the judicial committee is even looking at Judge St. Arnold, but they should be!

Anonymous said...

As always, Pinallas County continues to remain a "hot spot" in our nation for news regarding guardianship abuse. The blatent and obvious corruption, ethical violations, lawlessness, deception, kidnapping, lying, violation of due process, stealing, and just plain outright criminal behavior are all too common. The guardians, lawyers, judges, court appointed physicians, adult protective services, and owners of the nursing homes (and their staff) are all the key players in these huge scams to bleed these very unfortunate people of their entire livlihoods. Like hideous, psychopathic, preditory cannibals, once they determine their target, there is no escape for what was once, a human being. These monsters have NO compassion or sense of empathy. They thrive ONLY on PURE GREED!!! It's standard procedure to demonize and isolate the families and loved ones in this process, to guarantee their prey stays trapped in the web the've spun; NO WAY OUT!!! By far, it is much more frightening than the scariest horror movie anyone could ever imagine. I know first hand because I'm a secondary victom, and have been undergoing treatment for PTSD due to the trauma it's causing me.
***To Elaine and Adam Walser: I'm not ready to present my story as of yet, It has so many twists and turns and I've been threatened on top of LIES told to the police about me. I have tried to report some specifics about this case without getting any results. I feel a very strong need to REALLY protect the ward and myself for obvious reasons, but must assert, she was in NO WAY incapacitated when they captured her. (Maybe now though). I must at least tell you this: Judge Jack St. Arnold (this article), ordered the kidnapping. (Due process was not followed), after it was petioned for by professional guardian Teri St. Hilaire (already in the news before), based on LIES and false allegations made by APS case worker Cathy Christmas. The ward is being held prisoner and isolated in a care home in Dunedin, Fl owned by a warden named Audra Ackerman who also LIES along with her staff. These are some of the dots that could begin to get connected if possible, to perhaps kick start an investigation. I'd give my life and a billion dollars ransom to have my precious loved one back...Thank you for any extra headway towards justice for her, myself, and all the other victoms of this horrible atrocity. Every little bit we all can do together is so necessary to put an end to what should never be...

Anonymous said...

Good going I team!

Della said...

Thank you everyone who gets up every day and fights this terrible injustice. It gets easier with reporting of this caliber. Thank you ABC, Adam Walser, I-Team, and NASGA.

I grow more encouraged every day.

Anonymous said...

Julianna, Adam's job has just... BEGUN!!! There are more to be found out in Florida!!
Keep up the great work that you do-- you are definitely getting these "sloths" seen, while city officials & politicians have turned their heads or buried their heads in the sand with the bad complaints they've seen filed with them before and just never CARED to get involved to help victims in their own county!!! Glad you came to help Florida!!! :D