‘Elder Abuse Widespread’ When Elders Speak Out they are Sometimes Disregarded

Ireland,EU and Key West ,Florida.USA Recent figures on elder abuse in Ireland released by the HSE represent only a fraction of the cases in Ireland, according to a spokesperson for Age Action.
As the majority of the 26 elder abuse officers have been in their posts for less than 12 months, Mr Eamon Timmins, Age Action’s Head of Advocacy and Communications said the scale of the problem is likely to be much greater.

“Age Action had previously used the results of international studies, which showed that between three per cent and five per cent of the older population have been victims of elder abuse,” Mr Timmins told IMN.

“Applying this to Ireland, would mean that between 14,000 and 23,000 older people would have experienced elder abuse. The figures released show only a fraction of the problem. Because of the nature of the abuse, much of it goes unreported. Many people who are abused are afraid to speak out.”

However, Mr Timmins welcomed the release of figures for shining a light on what is an unreported problem. “They help break the taboo,” he said. “The figures show that this is a problem in Ireland. Hopefully, it will encourage more people to report cases of abuse. It’s hard to believe this is the first time we have statistics on elder abuse in this country.”

In particular, one figure that Mr Timmins noted was that while 92 per cent of alleged abusers in 2007 were family members, just 16 per cent of the cases were referred to the officers by other family members.

Paul Mulholland

Sometimes when they do speak out they are discredited, because of their advance age or other conditions and unless they have obvious physical signs of abuse are often not taken seriously especially if there are family members involved , which by now we know the majority of elder abuse happens at the hands of family members.

This police report dated 8-25-2005 states "
THIS INVESTIGATOR DID NOT OBSERVE ANY SIGNS OF PHYSICAL ABUSE OF MRS. CLARA FERNANDEZ AT THE TIME OF THIS INTERVIEW. " and no further action was taken to protect Mrs Fernandez

Here the police officer states "I TOLD VICTIM TO SIGN ON THE PROPER BOX AND DATE IT. THE VICTIM HAD A HARD TIME SIGNING ON THE LINE AND HER HAND SHOOK CONTINOULYS. IT WOULD BE HARD FOR THE VICTIM TO TYPE SAID PAGE LETTER SINCE SHE IS AN ELDERLY PERSON AND HAD A HARD TIME SIGNING THE STATEMENT."

The Victim statement which had been typed by her friends for greater clarity was dismissed........

Although we will painfully regret the incapacitation of our parent and the death of the other due to the stress of the situation the rest of our lives, we hope that their sacrifice has not been in vain and that the lessons learned will help authorities intervene in time and save other elder couples survive the sibling battles for control and power that too often seems to follow their advance into old age. Battles that seem so know no boundaries and that often spread out of control hurting and many innocent people and leaving a wake of death and destrucion that is un acceptable .

Update on The Elder Justice Act

SUPPORT THE ELDER JUSTICE ACT

We are pleased to report several important new co-sponsors to both S. 1070 and H.R. 1783:

Senator Jay Rockefeller ( D-West Virginia) a senior member of the Finance Committee joined as a co sponsor of S. 1070 earlier this week.

Meanwhile, H.R. 1783 garnered 6 new co-sponsors, 5 of whom are Members of Committees where the House bill was referred. They include:
Ed Markey (D-MA) - Energy and Commerce
Ed Towns (D-NY) - Energy and Commerce
Mike Ross (D-AK) - Energy and Commerce
Shelly Berkley (D-NV) - Ways and Means
Stephen Cohen (D-TN) - Judiciary
Loretta Sanchez (D-CA)

NEW ELDER JUSTICE LEGISLATION

Rep. Joe Sestak (D-PA) has introduced H.R. 5352, the Elder Abuse Victims Act, to “protect America’s seniors from elder abuse by addressing and correcting the failures in state elder abuse policies, establishing specialized prosecution and research departments and training prosecutors and law enforcement on the best practices for handling these unique cases.” The Coalition was consulted in advance of the introduction of the bill and offered a statement in support of the bill. The Press Release from Rep. Sestak’s office is below:

Congressman Sestak Introduces Bill to Protect Seniors from Elder Abuse

WASHINGTON—Last evening, Congressman Joe Sestak (D-PA) introduced the Elder Abuse Victims Act (H.R. 5352), a piece of legislation to protect America’s seniors from elder abuse by addressing and correcting the failures in state elder abuse policies, establishing specialized prosecution and research departments, and training prosecutors and law enforcement on the best practices for handling these unique cases.

“Everyday, too many of our nation’s seniors become victim to physical, emotional or sexual abuse,” said Congressman Sestak. “This legislation recognizes the limitations to our country’s approach to elder abuse prosecution and rehabilitation, and puts in place a system to assess and adequately respond to these deficiencies.”

Each weekend, Congressman Sestak visits senior groups and centers across the District. Over the past year, the Congressman has spoken to over 65 senior groups and centers on a variety of issues, including elder neglect and abuse at nursing homes. Last week, Congressman Sestak spoke at the Upper Darby Senior Center and Brighten at Broomall about the need to provide awareness and to address elder abuse through strengthening protections and providing greater training for law enforcement officers and prosecutors. Brighten of Broomall is among 52 nursing homes in the U.S. on Centers for Medicare and Medicaid Services list for “Special Focus Facilities Not Showing Significant Improvement.”

The number of elder abuse cases is on the rise across the country, according to estimates by the National Research Council Panel to Review Risk and Prevalence of Elder Abuse, between one and two million Americans age 65 or older have been victims of elder abuse. These are uncertain estimates because definitions of elder abuse vary widely from state-to-state, and there are many imperfections in our national effort to adequately prevent, prosecute, and rehabilitate victims of this type of abuse.

Congressman Sestak introduced the Elder Abuse Victims Act to ensure that elder abuse and neglect cases will be effectively handled and that criminals who commit such acts will be fully prosecuted under the law.

“We are pleased to work with Congressman Sestak on the Elder Abuse Victims Act. He is championing legislation to help protect our nation’s seniors from elder abuse, neglect, and exploitation. The legislation will not only study the state laws and practices to protect seniors, but would provide funding so that organizations, law enforcement officials, and prosecutors will become trained in identifying and addressing elder abuse and neglect.” said Bob Blancato, National Coordinator of the Elder Justice Coalition.

The Elder Abuse Victims Act will:

• Require the Attorney General to conduct a study evaluating state laws and practices designed to protect seniors from elder abuse, neglect, and exploitation.
• Within two years following enactment, require that the study be submitted to the Committee on Aging and the Speaker/Minority Leader of the House, in which they will: 1) describe and analyze state laws and practices designed to protect seniors from elder abuse, neglect, and exploitation. It will consider a state’s reporting laws to be sure that in cases of abuse, they will be reported and the reporter will not suffer retribution; 2) Provide recommendations on the need for more effective laws; and 3) recommend additions or revisions to the official definition of terms used to protect seniors from elder abuse and enforce laws to punish violators.
• Task the Attorney General with the responsibility of establishing a plan for elder justice programs and activities throughout the country.

Elder Abuse Victims’ Advocacy Grant

• Propose funding entities which specialize in the needs of victims of elder abuse. Health care, social and protective service providers, among others, would be eligible for the Elder Abuse Victims’ Advocacy Grant.

Elder Justice Prosecutorial Department Funding

• Fund the creation of the Center for the Prosecution of Elder Abuse, Neglect, and Exploitation by the American Prosecutor Research Institute of the National District Attorneys Association.
• Fund the creation of either elder justice prosecution positions or the creation of a position to coordinate elder justice-related cases. It will include training, technical assistance, and policy development for state prosecutors.
• Fund additional staff that will focus on elder abuse cases, an elder abuse “resource group” through the Executive Office of the United States Attorneys, nurse-investigators and other experts to assist in prosecution.

Support Law Enforcement in Elder Abuse Matters
• Fund training of law enforcement officials on the important factors involved in elder abuse cases.

“I believe that this legislation will strengthen the way by which we prosecute perpetrators of elder abuse and protect its vulnerable victims,” stated Congressman Sestak. “It will require a comprehensive review and study of states’ elder justice systems, including definitions of abuse- followed by a report to Congress- and it will do more to improve the prosecution and enforcement of elder justice cases.”

Since being elected to office, Congressman Sestak has worked hard to establish oversight for elder abuse, neglect and exploitation. He has been a leading advocate and co-sponsor of H.R. 1783, legislation that would allocate funds for state and local adult protective services that investigate reports of elder abuse and work with congressional committees to establish a national nurse aide registry. It would create grants to establish stationary and mobile forensic centers, develop forensic expertise and provide services for elder neglect and exploitation. Additionally, this legislation would provide incentives for individuals to receive training in providing better direct care in a long-term care (LTC) facility.

-----------------------------------------

E.A. has linked the Congressmen's name to their web site/contact page Please take a minute to write our congressmen and let them know you that support their work on the elder Justice Act, a lot of people have been working on this a long time and now is our chance to be heard and to make a big difference.... Visit the ElderJustice Coalition website and support them by joining and making your contribution to making America a safer place to grow older.

Rep. Marc Corriveau Michigan Steps Up to the Plate

Michigan,USA Imagine working your whole life to build a comfortable retirement for yourself, only to have everything snatched away by the very person who is supposed to be looking out for your best interests.

This is the reality that thousands of Michigan seniors face every year after they've been financially exploited by their caregivers. Elder abuse is a serious problem plaguing our seniors. It ranges from abandonment and neglect to emotional and physical abuse to financial exploitation.

On Monday, I unveiled the Elder Financial Protection Act, which will strengthen protections for Michigan seniors and help stop elder abuse.
One part of the plan requires employees of banks, credit unions, savings and loans, and savings banks to report suspected elder abuse. Financial institutions are an excellent line of defense for our seniors. The relationships that tellers develop with their regular customers position them to notice irregular financial activity. If an elderly customer suddenly changes his or her spending and saving habits, it could be a sign that someone is trying to steal their savings.

Another part of my plan will require financial institutions to provide joint accountholders with a written summary of their rights. Seniors often are encouraged to add another person to their bank accounts, but don't always understand that doing so gives that person the right to withdraw all of their money.

There are horror stories about joint accountholders draining all the funds from a senior's account and then disappearing, leaving the senior with nothing to live on. We must ensure that seniors fully understand what it means to add a person to their account, and that they know the risks. This plan will make sure that they do.

Another part of the plan will prohibit those convicted of elder abuse from inheriting from a victim's estate.

Right now in Michigan, a person can torture, abuse, neglect or steal from a senior and still inherit from that person's estate as long as the abuse isn't proven to be directly responsible for the senior's death.

Although an abuser's actions may not outright kill the victim, abuse takes a toll and can hasten a senior's death.

It's unacceptable that anyone who abuses an elderly person can turn around and profit off that person's estate. This plan will ensure that no one who abuses a senior can inherit from their estate. The plan also creates an Elder Death Review Team at the county level, which will investigate suspicious deaths to make sure that no one gets away with murder.

Our seniors have worked hard all of their lives. They've been productive members of the workforce, they've contributed to our economy, and they've raised their families. They've earned the right to enjoy their golden years in peace and security. The Elder Financial Protection Act will help ensure that they get to do just that.

State Rep. Marc Corriveau (D-Northville) represents Michigan's 20th House District, which includes Northville Township, Plymouth, Plymouth Township, Wayne and parts of Northville and Canton Township. Contact Representative Corriveau at (877) 208-4737 or MarcCorriveau@house.mi.gov.

Abridged =>>

As usual E.A. will ask our readers to Contact Rep Corriveau and show your support for his efforts.

Woman dies after police say she was starved by son, nephew

By Jamie Rogers E-mail submitted by E Malone

A woman authorities found starving in a Darlington home last month died Wednesday afternoon.Mary Lee Sims Terry, 62, died in a Florence hospital, Darlington County Coroner Todd Hardee said.The cause of her death remains under investigation by the Darlington County Coroner’s Office. Her body was sent to Newberry for an autopsy and the results are expected to be released today, Hardee said.When EMS officials discovered Terry in her home Jan. 29, it appeared she hadn’t eaten in 30 days, Darlington Police Capt. Danny Watson said.Terry’s son, Timothy Sims, 47, and his cousin, Les Williams, 53, both of 402 Second St. in Darlington, each are charged with two counts of abuse of a vulnerable adult, Watson said.After Terry’s death, one of the counts was upgraded to a higher statute of abuse of a vulnerable adult, which is punishable by as much as 30 years in prison, instead of just 15, Watson said.

The cousins also are charged in connection with the neglect of Terry’s 84-year-old mother, who is expected to survive, Watson said.Williams is Terry’s nephew and her mother’s great-nephew, Watson said.The two men remained in custody at the Darlington County Detention Center at press time Thursday.

Virginia Williamson, general counsel for the S.C. Department of Social Services, said her agency handles complaints of abuse or neglect of a vulnerable adult in communities throughout the state.A vulnerable adult is defined as anyone with a mental or physical condition that renders him or her helpless and dependent on someone else for care, Williamson said.

Age doesn’t automatically make a person a vulnerable adult, Williamson said. It’s only a factor if the person can’t take care of themselves because of his or her age, she said.Last fiscal year, DSS reported serving 4,983 clients who were determined to have been abused or neglected.

There were 3,179 vulnerable adult cases reported to the agency last year, Williamson said.Anyone can report a case of abuse or neglect, Williamson said.“If someone suspects an adult is being abused or neglected, they can call the local DSS office or call local law enforcement,” she said.A DSS official will gather information from the source about the suspected victim, then visit the home to check on the adult.

“A DSS worker can’t (remove a vulnerable adult from the home) unless they get a court order. But law enforcement can take them into emergency protective custody,” Williamson said.Based on his or her needs, the victim usually is taken to a relative’s home, a hospital or a nursing home by law enforcement personnel, she said.

Lawmakers Senator Storms and Rep.Rick Kriseman Propose $1 surcharge on Strip Clubs to Aid Elderly

Alex Leary St. Petersburg Times

TALLAHASSEE - Two Tampa Bay area lawmakers want to put a $1 tax on strip-club admissions so they can give low-income nursing-home residents more spending money.

Rep. Rick Kriseman, D-St. Petersburg, said he got the idea after an elderly constituent complained that a $35 monthly stipend for Medicaid recipients was not enough to cover personal needs, such as haircuts, clothing and movie tickets.

"I'm sorry if I've taken a dollar that you would have otherwise stuck in someone's garter," said Kriseman, who is sponsoring the legislation with Sen. Ronda Storms, R-Brandon.

A legal squabble might not even matter. Republicans, who control both chambers of the Legislature, have a strong aversion to new taxes, so the bill's chances of passing are slim.

The Department of Revenue confirmed strip clubs already are subject to sales tax. The Times then contacted Kriseman's office and, after some scrambling, the idea for a $1 surcharge was developed Wednesday.

more =>>

--------------------------------------------------

We have aversion to new taxes also but we have a bigger aversion to watching the elderly not receive the support they deserve, Senator Storms is continually sticking her neck out to push elder issues, please show her that you stand tall behind all her efforts and E mail her : storms.ronda.web@flsenate.gov

Support our lawmakers that want to help our elders please write all the republicans lawmakers in Senator Storms District and urge them to pass this surcharge. (Remenber the elder you help today might help you tommorrow)

Find elected officials, including the president, members of Congress, governors, state legislators, local officials, and more. here=>>

Glenn Gerding in North Carolina Want to Establish 'Elder Court'

Chapel Hill, N.C. USA

Two local lawyers have filed to run for a seat being vacated by District Court Judge Patricia Devine in District 15B which comprises Orange and Chatham counties.

Glenn Gerding, a criminal defense lawyer from Chapel Hill, wants to create an Elder Protection Court, following the lead of Chief District Court Judge Joe Buckner who has created a series of specialty courts for cases involving issues such as domestic violence, family breakdown, mental illness and substance abuse.

Gerding was a Naval JAG lawyer from 1996 to 2002, an assistant public defender in Orange County from 2003 to 2005 and has been in private practice since 2005.

Page Vernon, a Chatham County attorney focusing on family issues for the past 27 years, wants to establish a new Family Court "to more comprehensively address all issues facing families in crisis."

Vernon has worked as an assistant district attorney in Orange and Chatham counties, and as trial lawyer in Pittsboro on cases of juvenile delinquency, child abuse, domestic violence, divorce, child support and child custody. She has taught at UNC and Duke law schools and worked as a guardian ad litem, advocating for abused and neglected children.

Senator Kohl : New Type of Financial Fraud Has Sprung Forth From Country’s Mortgage Crisis

WASHINGTON – Today U.S. Senate Special Committee on Aging Chairman Herb Kohl (D-WI) held a hearing on the rise of financial scams across the country, the result of a sharp increase in foreclosures. Across the nation, foreclosures have increased by 95 percent in the past year. Foreclosure rescue scams target low-income and senior homeowners already facing a financial difficulty. Often these financial predators will claim that they can help “save” the home of a senior experiencing foreclosure, when in fact they plan to walk away with both the title and equity of the home. The hearing will review how rescue scams work, who they impact, and what the government can do to eliminate the scams.

“The mortgage foreclosure crisis is real. Most communities across the country are experiencing both the primary and secondary effects,” said Chairman Kohl. “We need to determine how federal and state governments can best protect seniors and other targeted populations from these ruthless financial predators.”

Chairman Kohl announced that he would soon introduce legislation to help homeowners across the country avoid these foreclosure rescue scams, especially in states where no law exists to prohibit or regulate these practices. Kohl also acknowledged the plan recently announced jointly by the mortgage industry and administration to help seriously delinquent borrowers stay in their homes. “While this is a step in the right direction,” Kohl said, “there are concerns that this help will not reach as many troubled homeowners as possible.”

A webcast of the hearing will be available on the Committee webpage: http://www.aging.senate.gov/

Ashley GlacelPress SecretarySpecial Committee on AgingSenator Herb Kohl, ChairPh: (202) 224-5364 Cell: (202) 340-3299 http://www.aging.senate.gov/

10 Tips for Safeguarding Aging Parents:

1-Have Realistic Expectations: America’s health care system is extremely overburdened; we must be proactive in all aspects of healthcare. Assist your parent by keeping a close tab on prescription & over-the-counter medications.

2-Recognize & Adjust for Diminishing Vision, Hearing or Thinking: Any lessening in faculties or infirmities like diabetes or circulatory disorders may impair mood or mental cognition.

3-Hire Health Aides with Caution: Check your state’s requirements regarding criminal background checks, finger printing, random drug-testing, licensing and whether the company providing aides has litigation against it; call the Better Business Bureau. Hiring privately requires additional legwork.

4-Understand Exploitation Is A Crime: If your parent signs any document they can neither explain nor comprehend the consequences of, they may have been exploited. Report it immediately to law enforcement.

5-Keeping A Watchful Eye: Forensic testing of hair, aide cams, drop-in company, monitoring credit cards and reports, reviewing bank statements by looking for handwriting changes on checks (someone else fills in payee and/or amount) and examining check number sequences are ways some issues can be detected early.

6-Sudden Relationships May be Dangerous: Be weary of anyone who steps over healthy interpersonal boundaries or takes an intense interest in the health, wellness or finances of your parent.

7-Face Multigenerational Family Dynamic Issues: Substance abuse (alcohol or drugs) and dysfunctional families are huge risk factors for the elderly.

8-Be Realistic about Your Parent’s Personality: Seniors with complicated or difficult dispositions are unlikely to develop coping skills as they age and grow infirm.

9-“Do Not Call” List: Unscrupulous telemarketers solicit at-home seniors. Place your parents’ phone numbers on your state’s “do not call list.”

10-Avoid Caregiver Burnout: Most elder abuse takes place in families. It’s crucial that caregivers take frequent respites to avoid stress and fatigue.

Irene A. Masiello is the author of “Paradise Costs-A Victim’s Daughter Fights Back Against Elder Abuse.” Her proactive book contains an actual forensic report to drive home a chilling reality. It offers helpful lists of common elder abuses, exploitative tactics and common characteristics of victims and abusers. Prewritten letters to federal legislators supporting the Elder Justice Act, now before both Houses of Congress, are contained in her book and are available as free downloads at her site, www.ParadiseCosts.com.

Seniors in S.C. Fear Losing Lifeline if Program is Cut

Columbia,South Carolina,USA By Gina Vasselli submitted by E.Malone

COLUMBIA — Meals on Wheels will lose its state funding if Gov. Mark Sanford’s budget is passed as it’s written.Meals on Wheels, which provides food to seniors who cannot provide it for themselves, got $2.9 million from the state last year.Senior citizen groups throughout the state are rallying to prevent the program from losing its state funding.

AARP Legislative Director Teresa Arnold said AARP is organizing to send letters to every member of the General Assembly urging them not to cut the money.“The majority of this money is simply going for food.

I mean, these are folks that would have gone hungry had they not had this funding,” she said.

The AARP has also set up a toll-free number to let people call their representatives to talk to them about the potential cuts to this program, Arnold said.About 5,000 seniors are served through Meals on Wheels.

Frank Adams, a spokesman for the Office on Aging, said many rely on this program completely.Adams said one elderly woman who broke both of her wrists at the same time answered a survey for Meals on Wheels and said the meal they provided is “often the only meal we receive. Please see that the ones that bring the meals are also our lifeline. They’re the only ones we sometimes see.”

Tom Lloyd, the former Speaker of the Silver Haired Legislature, a senior citizens’ advocacy group, said the governor is making a mistake by proposing cutting this money.“Food is a life consistency and if they take that away, there’s going to be a problem,” Lloyd said.

-------------------------------------

You may contact Governor Mark Sanford by sending him a letter to the following address:

Mailing Address:Governor Mark SanfordOffice of the Governor P.O. Box 12267 Columbia, SC 29211 Fax: 803-734-5167

You may also contact the Governor's Office at 803-734-2100. Scheduling requests should be made in writing to the above address or fax number.

You can send the Governor an e-mail by clicking this link.

Elder Abuse Training For Law Enforcement Should Be Required in Florida Also !

Elder abuse training required some States
-Why Not in Florida ? Which has an elevated elderly population.

Every city police officer and deputy sheriff at a supervisory level and below who is assigned to field or investigative duties is required to complete an elder abuse training course certified by the Commission on Peace Officer Standards and Training. This mandate came about following the passage of Assembly Bill 870, sponsored by the Attorney General, in 1997 (Chapter 444).

It's Time to Place Legal Curbs on 'Rescue' Practice

THE BANK WAS threatening to foreclose on Lonnie Davis' El Cerrito home.
One day, the 76-year-old retired school custodian got a postcard in the mail from someone offering 11th-hour help. But what seemed like a life preserver would drag Davis and his wife, Dorothy, to rock bottom faster than a pair of cement boots.

Lonnie Davis not only lost the home where he had lived more than half of his life, the person he trusted to help him wound up being the new owner.

The Davises were victims of a legal but deceptive mortgage lending practice euphemistically referred to as a "foreclosure rescue."

The "rescuer" takes advantage of a person's desperation and financial naiveté to convince him to sign over his deed. He offers to pay the distressed homeowner's delinquent payments, which allow him to stay in his house, then gives him a new loan.

A lot of people don't realize that they will no longer own the property.

Once the title has been transferred, the rescuer takes money out of the house by refinancing. Real estate fraud investigators call that "equity stripping."

If the homeowner defaults, the rescuer gets the property.

Lonnie Davis' story is classic. He was an especially easy mark because he had dementia.

Davis paid $17,500 for his house in 1963. He had refinanced so many times that his monthly note was $2,100. He and his wife's monthly income was about $2,400.

Over the years, a succession of sleazy lenders had signed Davis up for loans with thousands of dollars in junk fees tacked on. Some had high interest rates and huge balloon payments.

Davis had effectively used his house as an ATM because, like a lot of elderly Californians, he was house rich and cash poor. He had a fixed income that didn't cover his living expenses. But Davis couldn't afford his house payments. He had to keep refinancing just to stay afloat.

Eventually the pyramid crashed. Why? Because so much of the equity had been drained through predatory loans and he didn't have enough income to qualify for another refinance.
That's when he got the postcard from a company called Bridgeport Capital Management in Irvine. It sounded simple. Bridgeport would loan him the money to pay off his previous mortgage. His house payments would go down. The Davises could stay in their home.
All he had to do was temporarily - or so he thought - sign over the deed to Elham Assadi, Bridgeport's president.

Things moved at lightning speed. Bridgeport faxed Davis an equity sales contract.
Then, the company flew a notary to Oakland. The Davises met her at Oakland International Airport.

Dorothy Davis graciously had lunch waiting for the notary at home. She needn't have bothered. The woman hustled the Davises to the chaotic sitting area near the airline ticket counter. She gave Lonnie Davis a thick stack of documents to sign.

Dorothy Davis admits that she didn't understand the legalese. Her husband later told an attorney that he thought the purpose of the documents was to allow Bridgeport to "help" him.


Bridgeport had told him he would have a year option to repurchase his home.

Lonnie Davis didn't know that with a few strokes of a pen he had unwittingly gone from an owner to a renter.

Assadi refinanced the property a few days later and took $80,000 out.
The Davises' new monthly payments were only $80 less than before. It wasn't long before they fell behind.

They borrowed money from family, but they couldn't catch up. Bridgeport pressured them to move. On Jan. 5, 2006, a Contra Costa County Sheriff's deputy showed up at the Davises' home with an eviction order.

Lonnie Davis locked himself in the back of the house. His frantic wife called Pleasanton attorney Alan Ramos. Ramos contacted Bridgeport, which agreed to temporarily postpone the eviction.

Thirteen days later, Davis died, a heartsick, broken man. His wife had to move out in October.

"The memories are too painful," she says through tears. She recently went to live with her son in Sacramento.

Believe it or not, Dorothy Davis is luckier than most.

Ramos took on her case pro-bono. In April, she got a $37,500 out-of-court settlement. Most victims of foreclosure rescues get nothing.

Foreclosure rescuers insist that people like the Davises were going to lose their homes anyway. It's true that many people can't afford the homes they're in, and that they'll have to move. But shouldn't they get whatever equity is left over, not some unscrupulous opportunist?

The Legislature can and must take a major step now to curb foreclosure rescue abuses.
AB 1356 would have done just that, but the law fell victim to petty politics.

For starters, it would have required foreclosure rescuers to clearly let people know in bold letters that they would no longer be the homeowner.

It would have also required that equity sales contracts be recorded with the county. That would have prevented foreclosure rescuers from selling the property to a third party who knew nothing about the individual's option to repurchase the property.

Finally, the law would have mandated that anyone signing an equity sales contract must first undergo pre-loan counseling.

Homeowners going through foreclosure are in a panic. They don't know where to turn. They're not thinking clearly. They often don't realize that there may still be time to salvage some of the equity.

They have a tendency to hunker down and hide, ignoring notices from their lender. Yet what they should do is contact the mortgage company to try to work something out.

Foreclosure rescuers pressure homeowners not to talk to anyone but them. Their game is to run out the clock until it's too late for homeowners to get real help.

It's time to derail the foreclosure rescue gravy train.

The Legislature must revive and pass AB 1356.

Meanwhile, we urge every California county to follow Contra Costa's example and institute a homeowner foreclosure notification program. The county sends a warning letter about foreclosure rescue scams to every homeowner who receives a notice of default.

It includes the telephone numbers of certified Housing and Urban Development counselors who offer unbiased advice. Good information is the best protection.

It's not just a piece of property that is lost when an elderly person loses his home. Seniors lose their sense of safety; their self-respect. Sometimes, even, the will to live. Lonnie Davis deserved better.

Mortgage Rescue Scam Brings Death and Destruction to Hawaii

Revised 2/12/08 from 12/6/08

Elder and Elder Financial abusers know no boundaries they have no respect, they have no conscience .......

Kailua,HI,USA By Sam Monet

The elder Kamokus were the victims of an Internet scam that offered to refinance their loan. As a result they paid their money to the scammers and did not get the refinancing. Department of Hawaiian Homelands moved to foreclose. During the process, Mrs. Kamoku's brother "helped" out because the Kamokus could not afford an attorney, and they were denied representation by the Native Hawaiian Legal Corp.

They are simple Hawaiians who did not understand the process and did not want to worry their son at college for fear that he would leave school to come home to help. James did not find out until late December 2007, that the eviction was set for Feb. 1, 2008. The process was so stressful that James’ grandmother died rather than move out. Her funeral was on Feb. 1, her birthday, the date of eviction.

Please read this incredible story of abuse and support the Kamokus, please unite against abuse however,wherever and whenever it occurs.... =>>

Please send an email to the Department of Hawaiian Homelands and their attorneys with your support of the Kamokus and include these addresses:
mailto:kay.ahina@hawaii.gov Laurel Douglass; mailto:douglassl001@hawaii.rr.com ; Mahealani Wendt ; mailto:mawendt@nhlchi.org ; mailto:jnkamoku@wisc.edu ; mailto:sharp_curt@yahoo.co.uk ; mailto:oswalds@oha.org ;
Reach Sam Monet at mailto:monets001@hawaii.rr.com