Facts

Plaintiff Vera Carr, an eldery and physically frail woman, was in foreclosure. Defendant Jacques De'Mario White offered to assist her. He convinced her to transfer her house to defendant Andrew Rose so that Rose could get a loan to save the proeprty from foreclosure. Defendant White promised the plaintiff that she could get her home back in one year. The plaintiff deeded her home to defendant Rose. Subsequently, defendant Rose attempted to sell the plaintiff's home and filed an eviction against her. The plaintiff sued to cancel the deed to defendant Rose and sought actual and punitive damages arising out of this foreclosure rescue scam.

PLAINTIFF'S CONTENTIONS:
This transaction violated the Home Equity Sales Act (Civil Code Sec. 1695, et seq.) and the Foreclosure Consultant's Act (Civil Code Sec. 2945, et seq.). As a result of these violations, the plaintiff lost equity of $56,000 and lost title to her home.

DEFENDANTS' CONTENTIONS:
The defendants denied any violation of the Home Equity Sales Act and claimed that the sale of the real property was valid. Defendant White's answer was stricken by the court and default was entered against him.

Settlement Discussions

The plaintiff offered to settle with defendant Rose, if he would transfer the home back to the plaintiff. Defendant Rose refused.

Result

Total Judgment in the amount of $257,175 ($56,000 in actual damages jointly against both defendants; $169,000 in punitive damages against defendant White; $32,175 in attorney's fees against both defendants). The court cancelled the deed from plaintiff Carr to defendant Rose.