644 Sibley sold for $10

sparks · **Joined:** Tue Nov 14, 2006 4:17 pm **Posts:** 3800

Question- Why did the owner of 644 Sibley sell the property for less than the cost of a couple Happy Meals?
Answer- If you are a slumlord and your property has been cited by the city, "sell" it to another shell company you control and use the "sale" to avoid paying fines and orders to repair.
http://nwigazette.com/wp-content/uploads/2014/01/644deed.pdf
What is interesting is this "sale" doesn't have a date on it and is stamped as received
by the recorder's office on Sept.26, 2013. The "seller" is Real Estate Equity Solutions
and the "buyer" is Equity Trust Solutions, aka Joe Wittig.
The plot thickens even more when you look at this document
http://nwigazette.com/wp-content/uploads/2014/01/644sibleyK.pdf
Even though Equity Trust was not the legal owner of 644 Sibley on May 1, 2013, they wrote a land contract to sell the property to Edwin Feliciano, which was received by the recorder's office on June 24,2013.
This is the typical business model of slumlords all across the country. Set up multiple shell companies and "sell" the properties to another company you own to avoid paying fines and delay any government actions that would stop rent checks from coming up. Once you have milked every last dollar from the property, you find an unsuspecting buyer to dupe on a land contract or find a way to collect on insurance. However, while investors like Joe Wittig rake in the cash, everyone else suffers. Children die in fires and neighbors watch their property values plummet as blight takes hold. Sometimes though, slumlords are held accountable for their actions. Things didn't work out well for this notorious slumlord from New York City.
http://nypost.com/2014/01/05/slain-slumlord-found-in-trash-had-enemies-list-a-mile-long/

lubu · **Joined:** Sat Jun 06, 2009 11:19 am **Posts:** 401

The language in the document is standard. Ten dollars and other valuable consideration is common lanaguage on a deed and it doesn't mean that the sales price is 10 dollars. "Other valuable consideration" is the operative phase. Also the seller includes "and others". Even if you overlook that statement of who the grantor is on the deed, the timeline may not be 100% dependable because a deed may have been executed but not recorded. The fines "run with the property" so there is no way to avoid them by simply changing the name of the owner.

I had thought about the death of Max and was going to ask if sparks has an alibi for the night in question.

justcallmetommy · **Joined:** Thu May 01, 2008 8:25 pm **Posts:** 5662

sparks wrote:

Question- Why did the owner of 644 Sibley sell the property for less than the cost of a couple Happy Meals?
Answer- If you are a slumlord and your property has been cited by the city, "sell" it to another shell company you control and use the "sale" to avoid paying fines and orders to repair.
http://nwigazette.com/wp-content/uploads/2014/01/644deed.pdf
What is interesting is this "sale" doesn't have a date on it and is stamped as received
by the recorder's office on Sept.26, 2013. The "seller" is Real Estate Equity Solutions
and the "buyer" is Equity Trust Solutions, aka Joe Wittig.
The plot thickens even more when you look at this document
http://nwigazette.com/wp-content/uploads/2014/01/644sibleyK.pdf
Even though Equity Trust was not the legal owner of 644 Sibley on May 1, 2013, they wrote a land contract to sell the property to Edwin Feliciano, which was received by the recorder's office on June 24,2013.
This is the typical business model of slumlords all across the country. Set up multiple shell companies and "sell" the properties to another company you own to avoid paying fines and delay any government actions that would stop rent checks from coming up. Once you have milked every last dollar from the property, you find an unsuspecting buyer to dupe on a land contract or find a way to collect on insurance. However, while investors like Joe Wittig rake in the cash, everyone else suffers. Children die in fires and neighbors watch their property values plummet as blight takes hold. Sometimes though, slumlords are held accountable for their actions. Things didn't work out well for this notorious slumlord from New York City.
http://nypost.com/2014/01/05/slain-slumlord-found-in-trash-had-enemies-list-a-mile-long/

Respectfully David Hien http://www.linkedin.com/pub/dave-hein/52/39B/B76, it's a wonder that your even able to tie your shoes in the morning, not for the fact you can't see 'em because of the obstruction between your head and feet, (not your manhood, pal), or because of the gut you've got, but because of the lack of intelligence you seem to spout in your written prose. Is anything really working between those ears Dave? Of course Dave, all my opinion. :lol:

And apparently you should stick to topics you just might understand, is that pudding or jelly in those doughnuts? Didn't I read somewhere you portrayed yourself to have purchased and rehabbed properties, making a fortune on them?

Mr. Hien, every property recorded, in most jurisdictions across the country, give a nominal transfer amount, as in $1.00 or $10.oo for other consideration or other valuable consideration.

In addition, there is no legal requirement, or performance standards, to record a property transfer. In this case [i]REAL ESTATE SOLUTIONS OF INDIANA, LLC attempted to record a transfer in April, but the Recorder's Office, failed to record the transfer and I am going to guess, didn't advise the LLC, the property transfer request failed to be recorded. [/i]

Jesus man and I thought I belonged on the back of the bus.

What I would be more worried about, if I were you Mr. Hein:

Quote:

as to immunity afforded government employee's... they have to act with in their scope, failing to act... well that is a question for the courts. $5,000,000 is an interesting number.

IC 34-13-3-4
Limitation on aggregate liability; punitive damages prohibited
Sec. 4. (a) The combined aggregate liability of all governmental

entities and of all public employees, acting within the scope of their employment and not excluded from liability under section 3 of this chapter, does not exceed:
(1) for injury to or death of one (1) person in any one (1) occurrence:
(A) three hundred thousand dollars ($300,000) for a cause of action that accrues before January 1, 2006;
(B) five hundred thousand dollars ($500,000) for a cause of action that accrues on or after January 1, 2006, and before January 1, 2008; or
(C) seven hundred thousand dollars ($700,000) for a cause of action that accrues on or after January 1, 2008; and
(2) for injury to or death of all persons in that occurrence, five million dollars ($5,000,000).
(b) A governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for punitive damages.
As added by P.L.1-1998, SEC.8. Amended by P.L.108-2003, SEC.2; P.L.161-2003, SEC.6; P.L.97-2004, SEC.114.

Did someone one in city government receive notice electrical meters were illegally installed & didn't act upon this information?

justcallmetommy · **Joined:** Thu May 01, 2008 8:25 pm **Posts:** 5662

Mr. David Hein, Hammond City Official, seems to want to displace the City of Hammond's responsibilities in this case.

The ineptitude, uncovered so far, found Hammond City Government representatives failed to do their job.... let's just repost the transaction history:

Quote:

[color=#800000]Point of information.
Grantor=Seller
Grantee=Buyer

A deed never has to be recorded, until the property is to be sold by a purchaser/owner ready to sell the property again, but the "owner" has the risk of someone attempting to claim ownership any time before filing the transaction. Lake County in its wisdom only records the Grantor, adding confusion to this scenario & many others. Most county's record both grantor and grantee.

So unless you actually go to the county and pull specific records on the property, the chain of events is muddied.

Transaction time line using available historical documents:

1. A foreclosure sale occurred on 5/4/2012: Sheriff John Buncich. Grantor, to Wells Fargo Bank Na, Grantee. http://gatewaysdf.ifionline.org/PrintForm.aspx?SDF_ID=45-2012-2373182

2. On 4/18/2013, REAL ESTATE SOLUTIONS OF INDIANA, LLC, Grantor appears to have attempted to record some transaction, but for what ever reason, it was not accepted or processed by the County. Reference County Record below or the link i borrowed: http://nwigazette.com/wp-content/uploads/2014/01/644salesdisc.doc

3. A transfer/sale occurred on 08/23/2012 Wells Fargo Bank NA Grantor, Grantor, to Real Estate Solutions of Indiana LLC., Grantee. http://gatewaysdf.ifionline.org/PrintForm.aspx?SDF_ID=45-2012-2375903

4. A Contract for Deed was executed 05/01/2013 between Equity Trust Company Custodia FBO Joseph Wittig IRA Grantor, to Edwin Feliciano & (a name crossed out), Grantee.
http://nwigazette.com/wp-content/uploads/2014/01/644sibleyK.pdf

Case filed in Hammond City Court: REAL ESTATE EQUITY SOULTIONS OF IN LLC
Case Number 45H04-1306-OV-52991
Date Filed: 2013-06-12

5. A Limited Liability Company Warranty Deed was recorded in Lake County on 09/26/2013. This transaction was accepted and documents the execution of the transfer, although a transaction date is not recorded on the document. However, the document, accepted by LC, recorded the sale from Real Estates Solution of Indiana LLC, the "Grantor", to Equity Trust Company Custodian FBO Joseph Wittig IRA, "Grantee". The recording was approximately 4 months before the fire. http://nwigazette.com/wp-content/uploads/2014/01/644deed.pdf

In summary, per the documents available, it appears the owner of this property, as of 05/01/2013 is Edwin Feliciano & (a name crossed out), Grantee. http://nwigazette.com/wp-content/uploads/2014/01/644sibleyK.pdf.

So, it appears, Real Estate Equity Soultions (sic) of Indiana, LLC didn't own the property as of 05/01/2013. It appears Edwin Felciano was the property owner six months before the fire.

Ms. Kantar filed her court documents on 06-12-2013. A full month after Real Estate Equity Soultions (sic) of Indiana, LLC apparently sold the property to Edwin Feliciano.

From County Court Records, it appears Ms. Kantar never filed service to Edwin Feliciano on this matter. And as of this writing I can't find service to Equity Trust Company Custodian FBO Joseph Wittig IRA. To be summonsed to court, you have to have notice, notice appears not to have been served to Wittig.

A legitimate question, was Kantar to busy with her legal practice, outside of her Hammond City Attorney obligation? Would a prudent attorney, have provided service to each of the individuals involved in this transaction, requesting their court presence, if only, to sort the matter out, under oath, before a judge?

Is this a misstep by Hammond's legal department? A situation complicated by, what Code Enforcement should have done? And then, adding to this, the short comings by Family Services, failing to discover a home with out utilities. Adding to the mix, a neighbor giving this family electricity via an extension cord, allowing them to continue to live in this uninhabitable unit. A situation, again complicated by the obvious poor choices the parents in this case had taken.

It appears these three children were victims of some exceptionally poor choices, made by adults, whom they depended upon to assure their safety, adults who should have been more diligent.

Quote:

Ok Matt & Amy, I copied most of this from: http://nwigazette.com/2014/01/22/a-tragedy-of-errors-fatal-hammond-fire/. I don't want to be accused of not giving credit where credit is due.

Now as to notice vs service

The defendant in the case is listed in court records as Real Estate Equity Soultions (sic) of Indiana, LLC. Lake County property records show that the property located at 644 Sibley Street in Hammond is owned by Equity Trust Company Custodian FBO Joseph Wittig IRA. (See the deed here: 644deed ) This deed was recorded on September 26, 2013.

There is no indication of proof of service on the owner of record, Equity Trust Company. Even after the fire, there is no indication that the City ever attempted to amend or otherwise serve the owner of record.

Ownership of the property prior to April 2013 was in the name of Real Estate Solutions of Indiana, LLC. There is no record of a company named Real Estate Equity Soultions (sic) of Indiana, LLC ever owning the property. It appears that someone within the City erroneously merged the names of the two companies.

What should have been added to this story from the nwigazette.com is A Contract for Deed was executed 05/01/2013 between Equity Trust Company Custodia FBO Joseph Wittig IRA "Grantor" to Edwin Feliciano & XXXXXXX "Grantee"
http://nwigazette.com/wp-content/uploads/2014/01/644sibleyK.pdf
[/color]

http://gatewaysdf.ifionline.org/Search.aspx

Quote:

Lake County's transaction record, as recorded in Lake County Records:

Parcel Number Parcel Address Current Total Value Data as of Assess Year Pay Year
45-02-36-429-013.000-023 644 SIBLEY ST, HAMMOND $42,200 1/6/2014 2012 2013

Sale Information for 9/26/2013
Grantor Real Estate Solutions of Indiana LLC Document No. 26298 Document Reference No.
Land-AV $10,000.00 Exempt Transaction N Relationship N
Improve-AV $42,600.00 Exempt Code Personal Prop Y
Total-AV $52,600.00 Transfer of Entire Parcel Y Amt. Pers Prop $0.00
Sale Date 9/26/2013 Real Prop Exchange N Condo Sale N
Total Sale Price $11,000.00 Significant Change N Adjoining Land N
Deed Type L Splits

Sale Information for 4/18/2013
Grantor REAL ESTATE SOLUTIONS OF INDIANA, LLC Document No. Document Reference No.
Land-AV $10,000.00 Exempt Transaction N Relationship N
Improve-AV $42,000.00 Exempt Code Personal Prop N
Total-AV $52,000.00 Transfer of Entire Parcel Y Amt. Pers Prop $0.00
Sale Date 4/18/2013 Real Prop Exchange N Condo Sale N
Total Sale Price $11,000.00 Significant Change N Adjoining Land N
Deed Type Splits

Sale Information for 8/23/2012
Grantor WELLS FARGO BANK Document No. Document Reference No.
Land-AV $10,000.00 Exempt Transaction Y Relationship N
Improve-AV $35,500.00 Exempt Code 3 Personal Prop N
Total-AV $45,500.00 Transfer of Entire Parcel Y Amt. Pers Prop $0.00
Sale Date 8/23/2012 Real Prop Exchange N Condo Sale N
Total Sale Price $16,000.00 Significant Change N Adjoining Land N
Deed Type Splits

Sale Information for 5/4/2012
Grantor JOHN BUNCICH SHERIFF OF LAKE COUNTY Document No. Document Reference No.
Land-AV $10,000.00 Exempt Transaction Y Relationship N
Improve-AV $35,500.00 Exempt Code 3 Personal Prop N
Total-AV $45,500.00 Transfer of Entire Parcel Y Amt. Pers Prop $0.00
Sale Date 5/4/2012 Real Prop Exchange N Condo Sale N
Total Sale Price $20,205.00 Significant Change N Adjoining Land N
Deed Type Splits

Sale Information for 3/3/2004
Grantor GARCIA, ARMANDO & IRENE GARCIA H & Document No. Document Reference No.
Land-AV $0.00 Exempt Transaction N Relationship N
Improve-AV $0.00 Exempt Code Personal Prop N
Total-AV $0.00 Transfer of Entire Parcel Y Amt. Pers Prop $0.00
Sale Date 3/3/2004 Real Prop Exchange N Condo Sale N
Total Sale Price $76,800.00 Significant Change N Adjoining Land N
Deed Type G Splits

Sale Information for 9/20/2002
Grantor GARCIA, ARMANDO & IRENE Document No. Document Reference No.
Land-AV $0.00 Exempt Transaction N Relationship N
Improve-AV $0.00 Exempt Code Personal Prop N
Total-AV $0.00 Transfer of Entire Parcel Y Amt. Pers Prop $0.00
Sale Date 9/20/2002 Real Prop Exchange N Condo Sale N
Total Sale Price $0.00 Significant Change N Adjoining Land N
Deed Type Splits

Court Record:

Criminal/Traffic Defendant
Full Name REAL ESTATE EQUITY SOULTIONS OF IN LLC
S.S.N.
D.O.B.

Charge
Action Code 96.135-HA
Description AUTHORITY TO INSPECT-HA
Citation Number 644SIBLEY
Offense Date
Jurisdiction LAKE COUNTY INDIANA
Agency Hammond City Ordinance Enforcement

Court Information
Judge Jeffrey A Harkin
Appearance Date
Location Hammond City Court â€“ H04

Balances
Total Balance Due $2,618.00
A/R Balance Due $0.00

Case Attributes
Case Number 45H04-1306-OV-52991
Status Open
Date Filed 2013-06-12
Last Updated 2013-06-12

2014-01-03 Hearing set for Event: H04 Continued Date: 01/16/2014 Time: 9:00 am Judge: Harkin, Jeffrey A Location: Hammond City Court â€“ Room 232 â€“ Tel. 219-853-6388
2013-12-10 Hearing set for Event: H04 Order To Appear Date: 12/19/2013 Time: 2:00 pm Judge: Harkin, Jeffrey A Location: Hammond City Court â€“ Room 232 â€“ Tel. 219-853-6388
2013-11-13 Hearing set for Event: H04 Status Date: 12/05/2013 Time: 9:00 am Judge: Harkin, Jeffrey A Location: Hammond City Court â€“ Room 232 â€“ Tel. 219-853-6388
2013-10-10 Hearing set for Event: H04 Add On Date: 10/10/2013 Time: 9:00 am Judge: Harkin, Jeffrey A Location: Hammond City Court â€“ Room 232 â€“ Tel. 219-853-6388
2013-10-07 Hearing set for Event: H04 Continued Date: 11/06/2013 Time: 4:00 pm Judge: Harkin, Jeffrey A Location: Hammond City Court â€“ Room 232 â€“ Tel. 219-853-6388
2013-08-26 Hearing set for Event: H04 Default Judgment Date: 09/26/2013 Time: 2:00 pm Judge: Harkin, Jeffrey A Location: Hammond City Court â€“ Room 232 â€“ Tel. 219-853-6388
2013-08-26 Court Cost (Non Traffic Related) IF or OV Charge #1: AUTHORITY TO INSPECT-HA
2013-08-26 Infraction Judgment $ 0 to be determined by Court
2013-08-26 Hearing set for Event: H04 Default Judgment Date: 09/26/2013 Time: 2:00 pm Judge: Harkin, Jeffrey A Location: Hammond City Court â€“ Room 232 â€“ Tel. 219-853-6388
2013-07-29 Hearing set for Event: H04 Order To Appear Date: 08/22/2013 Time: 2:00 pm Judge: Harkin, Jeffrey A Location: Hammond City Court â€“ Room 232 â€“ Tel. 219-853-6388
2013-07-01 Hearing set for Event: H04 Continued Date: 07/25/2013 Time: 9:00 am Judge: Harkin, Jeffrey A Location: Hammond City Court â€“ Room 232 â€“ Tel. 219-853-6388
2013-06-12 Hearing set for Event: H04 OV Arraignment Date: 06/20/2013 Time: 2:00 pm Judge: Harkin, Jeffrey A Location: Hammond City Court â€“ Room 232 â€“ Tel. 219-853-6388
2013-06-12 MANDATORY COURT APPEARANCE

justcallmetommy · **Joined:** Thu May 01, 2008 8:25 pm **Posts:** 5662

This is an opinion editorial found in the Post Tribune, published on Jan 25, 2014, written by a past editor.

The piece points the finger at how the city of Hammond failed these three children.

I'll go a step further, it points the finger to the Hammond citizens who have allowed the Thomas McDermott Jr administration to highjack governmental services, used as part of a patronage army, to act as enforcers, to enhance and continue his administration.

What I read between these lines is Mayor Thomas McDermott Jr's mis use of Government and Code Enforcement services:

Not to protect its citizens, but to make sure a fire works vendor competing against a McDermott Jr political contributor's fire works business is saddled by city harassment, harassment carried out by Hammond's Legal and Code Enforcement Departments.

Not to protect its citizens, but to send Code Enforcement to inspect the business of a Mayoral Candidate, the day after he announced his candidacy to run against McDermott.

Not to protect its citizens, but to government entities to harass a political candidate, knocking him off the ballot and the Indiana State Supreme Court, in record breaking speed, overturn the Election Board's decision and to remain the case open until it was appropriately resolved.

Not to protect its citizen's, To fire a Code Enforcement Department head, because they refused to used as a tool to continue Thomas McDermott JR to illegally harass Hammond Citizens.

Not to protect its citizen's, To send code enforcement out to individuals' residents who challenge McDermott's policies.

The re assignment of five members of the Fire Fighters Executive Board, because they choose to support another candidate other than McDermott.

To appoint individuals into positions of authority, who don't have the skill set to understand the linkages of what happened in this case and yes, in my opinion this includes David Hein, among others.

To allow a city attorney to work outside their Hammond Governmental duties, working part time as the city attorney. Was someone too busy with a private law practice to have had the knowledge or time to actually check county records for the legal transfer of 644 Sibley, finding the actual owner?

Quote:

http://posttrib.suntimes.com/opinions/25159174-474/rutter-be-honest-about-how-and-why-3-children-died.html

Rutter: Be honest about how and why 3 children died

BY DAVID RUTTER January 25, 2014 10:46AM

Updated: January 25, 2014 9:13PM

Seven-month-old Jayden Young, 4-year-old DaSani Young and 3-year-old Alexia Young are dead. We must catch those who did it.

If we do not catch the guilty, justice means little. There are crimes, evils, grotesqueries. And we must bring the evil to accounts, otherwise what sort of humans would we be?

In the shorthand of life, we prefer tidy answers, so we can move on to the next puzzle without looking over our shoulders.

Loose ends taunt us. We have to chase the original Nazi stormtroopers even though they are all 90 now and imprisoning 90-year-old monsters does not rectify any unresolved issue. Itâ€™s not the person we must penalize, but the crime we cleanse, otherwise we enable future evil if we let past sins slide peacefully into the night.

So somebody killed the three Hammond toddlers on Jan. 7 in a propane-fueled space-heater fire that should never have happened, in a house that should never have been occupied and perhaps in a community that never cared enough collectively or individually to stop it.

There are appropriate investigations by appropriate agencies with appropriate jurisdictions. And when all the careful assessment is concluded, you can guess the result will be a lot of nothing much. Mistakes were made. It was nobodyâ€™s fault, really. Letâ€™s all cast our eyes downward with sadness over the unavoidable tragedy. Itâ€™s just one of those horrid moments life inflicts. But itâ€™s nobodyâ€™s fault, really.

But of course that is not true.

It was someoneâ€™s fault.

Real people killed the children by inaction. It was a lot of peopleâ€™s fault who will never be called to judgment, and likely do not believe they did anything wrong. Thatâ€™s because we have no moral mechanism for holding inaction responsible for the anguish it causes. That would require a level of duty weâ€™d rather shun.

Who will accept that their lack of foresight caused the death of three children? But before some failure of â€œthe systemâ€ gets the blame, we should at last talk more honestly that human institutions are not inanimate objects. Those institutional structures are the way humans arrange themselves. We create them; we run them; we are responsible for them. They are us.

And when they fail to save the lives of children, it is not â€œthe systemâ€ that failed; it is us.

So let us say who failed the children.

The grubby landlord owners? Sure. They bobbed and weaved away from legal responsibilities and seemed adept at never making the home habitable. Too expensive.

â€œHabitable?â€ Thatâ€™s not asking much. A home without heat, electricity or water is by definition a hovel.

The city of Hammond could have stopped it, but didnâ€™t. Building inspectors â€œcould never contactâ€ the owners, could never tell if someone lived in the house, never decided that standing in the living room would have proved the obvious. Too complicated?

The subdivided house at 644 Sibley St. never went anywhere, nor did the family. The house sat waiting to kill three children, and the city seemed unable to stop it. Itâ€™s not the only house in that condition there.

Hammond City Attorney Kristina Kantar told a reporter that the house would have been found uninhabitable if the city â€œhad been able to make an inspection, as it had tried to do.â€ Kantar also said the landlord â€œhadnâ€™t allowed the city to inspect the building, prompting the citation.â€

What can those statements mean? The cityâ€™s inspectors did not acquire emergency court orders, knock on the homeâ€™s door, gain entry and inspect it. Too hard?

NIPSCO had cut off the heat months earlier, and to get warmth returned, the childrenâ€™s father needed more money than he ever seemed to have. So he did without.

Various social service agencies knew about the family and its burdens.

The state knew. NIPSCO would have known had it wanted to know.

The city of Hammond knew.

Lots of people knew.

And finally, the facts strongly suggest that Andre Young was a doting, loving father, but the quality of life he provided five children was not nearly good enough. He could not provide basics. His unrelenting poverty helped kill his children.

He was lucky that he and two other children in the home did not perish, too.

The â€œsystemâ€ did not fail the three dead children. The community failed them. Real people making real decisions failed them

No one cared enough to save them..

David Rutter was an editor at six community newspapers more than 40 years, including nearly a decade as managing editor of the Post-Tribune. His column appears Sundays in the Post-Tribune. Contact him at david.rutter@live.com.

justcallmetommy · **Joined:** Thu May 01, 2008 8:25 pm **Posts:** 5662

sparks wrote:

This is the typical business model of slumlords all across the country. Set up multiple shell companies and "sell" the properties to another company you own to avoid paying fines and delay any government actions that would stop rent checks from coming up. Once you have milked every last dollar from the property, you find an unsuspecting buyer to dupe on a land contract or find a way to collect on insurance. However, while investors like Joe Wittig rake in the cash, everyone else suffers. Children die in fires and neighbors watch their property values plummet as blight takes hold. Sometimes though, slumlords are held accountable for their actions. Things didn't work out well for this notorious slumlord from New York City.[/b]
http://nypost.com/2014/01/05/slain-slumlord-found-in-trash-had-enemies-list-a-mile-long/

Is this appropriate for a Hammond City Official, appears to be encouraging violence? During one of the last election cycles, individual who were vocal critics of Mayor Thomas McDermott Jr were receptors of violence, with out McDermott condemning those actions.....

phone lines cut,

paint remover poured on cars,

tires slashed,

objects shot at windows, not once but twice.....

all done to vocal opponents of Mayor Thomas McDermott Jr.

Quote:

David Hein's Link:

Quote:

http://nypost.com/2014/01/05/slain-slumlord-found-in-trash-had-enemies-list-a-mile-long/ The millionaire Hasidic slumlord found burned and suffocated in a Nassau County dumpster â€” his body still smoldering from the waist down â€” had so many enemies that investigators say they almost donâ€™t know where to start looking

.

It's unfathomable you would even link this. Mr. David Hein, your promoting criminal violence. Are you now acting as an Official City Employee or personally promoting violence.

At least as a City Official Dave, should something happen, you might have legal representation and the Hammond taxpayers liable for your statements. If as an individual, Dave, .... well good luck.

Quote:

as to immunity afforded government employee's... they have to act with in their scope, failing to act... well that is a question for the courts. $5,000,000 is an interesting number.

IC 34-13-3-4
Limitation on aggregate liability; punitive damages prohibited
Sec. 4. (a) The combined aggregate liability of all governmental

entities and of all public employees, acting within the scope of their employment and not excluded from liability under section 3 of this chapter, does not exceed:
(1) for injury to or death of one (1) person in any one (1) occurrence:
(A) three hundred thousand dollars ($300,000) for a cause of action that accrues before January 1, 2006;
(B) five hundred thousand dollars ($500,000) for a cause of action that accrues on or after January 1, 2006, and before January 1, 2008; or
(C) seven hundred thousand dollars ($700,000) for a cause of action that accrues on or after January 1, 2008; and
(2) for injury to or death of all persons in that occurrence, five million dollars ($5,000,000).
(b) A governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for punitive damages.
As added by P.L.1-1998, SEC.8. Amended by P.L.108-2003, SEC.2; P.L.161-2003, SEC.6; P.L.97-2004, SEC.114.

lubu · **Joined:** Sat Jun 06, 2009 11:19 am **Posts:** 401

Since you cannot avoid legal liabilities simply by changing the name of the owner, there are other answers to the rhetorical question posed by sparks. IRA accounts are tax deferred. So any capital gains(profits) accumulated in an IRA account are not taxed until the beneficiary starts to withdraw money at "retirement". A regular company or corporation would pay taxes on gains or lower their tax liability with losses in the present. What probably happened here is the corporation bought it from the bank after the bank foreclosed on someone. When a buyer was found to purchase the house on contract the corporation sold it to the IRA trust account so it (the corporation) wouldn't have to pay taxes on a profit. The IRA trust account can then sell the house to the contract buyer for a profit, but it won't need to pay taxes on the profits until some future date when the money is withdrawn. Nothing diabolical with the finances.

justcallmetommy · **Joined:** Thu May 01, 2008 8:25 pm **Posts:** 5662

lubu wrote:

IRA accounts are tax deferred. So any capital gains(profits) accumulated in an IRA account are not taxed until the beneficiary starts to withdraw money at "retirement". A regular company or corporation would pay taxes on gains or lower their tax liability with losses in the present. What probably happened here is the corporation bought it from the bank after the bank foreclosed on someone. When a buyer was found to purchase the house on contract the corporation sold it to the IRA trust account so it (the corporation) wouldn't have to pay taxes on a profit. The IRA trust account can then sell the house to the contract buyer for a profit, but it won't need to pay taxes on the profits until some future date when the money is withdrawn. Nothing diabolical with the finances.

God what a beautiful concept, Lubu, to add to your insight, if the IRA trust sells the property on contract, the IRA is then the mortgage company, therefore the contract purchaser is making tax deferred contributions to the IRA.... my god what a concept.

All legal, as you say lubu, nothing diabolical with the finances. A great funding mechanism.

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644 Sibley sold for $10

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