Judge Forces WPCA To Give Mom A Chance

by Ben Johnson | March 26, 2009 11:07 AM | | Comments (9)

Heard.jpgWhen Rinda Miller-Heard appeared in court to try to save her home from foreclosure, it was because of a sewer bill, not a subprime mortgage.

Miller-Heard’s is only the latest in a series of aggressive foreclosure suits brought by the Greater New Haven Water Pollution Control Authority (WPCA) as it attempts to collect old bills from homeowners. (See more coverage of WPCA foreclosures here, here and here.)

In this case, the amount owed, including attorney fees, is about $2,400.

The WPCA scheduled a foreclosure sale last week to seize Miller-Heard’s house, boot the family, and collect money from a new owner to cover the sewer bill.

But a day early, on May 20, Superior Court Judge James Abrams postponed the sale until May 30. He gave Miller-Heard (pictured with two of her children and a grandchild) until May 30 to find a way out

She also faces a separate foreclosure action by the city of New Haven for unpaid property taxes that now total nearly $18,000 with interest and fees.

Miller-Heard’s property at 175 Butler St. has been appraised at $125,000, according to court records, and has not been mortgaged since her father purchased the home in 1992. The lack of any mortgage on the property, Miller-Heard said, has actually made her predicament worse.

“A lot of people are losing their homes,” she said, “but mostly it’s because they’re behind on their mortgages, and there’s money to bail people out from mortgages and re-adjust their rates. Since I don’t have a mortgage, I really can’t get help.”

While she has equity in the home, she said poor credit combined with rising credit score requirements for loans has made it nearly impossible to get relief.

“I’m trying,” she said, “but I’m limited because I can’t just go into Wachovia or Bank of America or a finance company and get a loan to pay my debts off.”

Instead, she said, she called a number on a sign posted in her neighborhood advertising to buy houses for fast cash. The offer was fast, but represented only pennies on the dollar.

“They offered me barely enough just to pay what I owe,” she said — just a little over $30,000.

Her attorney, Ori Spiegel, called the case was a “sad situation,” but said he didn’t believe the WPCA had any realistic alternative to collect the debt.

“There’s nothing the WPCA has done that they’re not entitled to do by law,” he said.

Others, including Superior Court Judge Anthony DeMayo, city aldermen, and legal aid lawyers, have criticized the WPCA for filing foreclosure suits far more quickly than other similar agencies (such as the Regional Water Authority), pushing struggling families further into debt and making it harder for them to hold onto their homes.

WPCA acting Executive Director Gabe Varca and the agency’s attorney on the foreclosure failed to return calls for comment. The agency filed close to 100 foreclosure suits in New Haven last year. That was close to 10 percent of all suits filed in the city.

Miller-Heard said she does not blame the WPCA for trying to collect on her debt. But she said the foreclosure process is so expensive in and of itself that she has ended up with more debt from attorney fees and related costs than she originally owed.

“Just the signs they put up to say the property is being foreclosed on are close to $300,” she said, “and when the appraiser comes that’s $325, plus the ads they put in the paper. All of that stuff adds up fast.”

While she knew she was deep in debt, Miller-Heard said she never anticipated the situation would get this bad.

“I didn’t have foresight into this, I really didn’t,” she said. “I just went day to day.”

She said the financial pressures of supporting eight children and several grandchildren had caused her to get behind on her bills over time.

“Some of them weren’t working at the time, so I took on their financial responsibilities like food and Pampers and travel money and gas money and all that stuff.”

Her situation was only made worse, she said, when she lost her job as a patient care assistant at Yale-New Haven Hospital last April. Her husband works as an independent contractor with a moving company in Stratford and is only “sporadically employed,” she said, leaving the family to temporarily rely on the Social Security payments received by three of her children who have disabilities. The combined total, according to court records, comes to just $1,290 per month.

Miller-Heard said she is currently looking for work, but much of her time and energy have gone to fighting foreclosure actions. She worries about what the future holds for her family.

“It’s not like I can uproot and go get an apartment somewhere,” she said, “because for my size family I couldn’t afford the rent. I’ve looked in the New Haven area at three-bedroom apartments, and it’s like $2,400 a month. I don’t have that.”

At this point, she said, all she can do is hope for the best, and try to minimize the strain on her family.

“Its scary for all of us,” she said. “It puts a lot of tension on the family because they don’t know: One minute we’re up because we got an extension, and then the next thing you know we get another certified letter saying they’re coming after us again. So it’s up and down and the bills are getting higher and the creditors are getting closer and the economy now doesn’t look too good for us, but I’m going to stay positive. All I’ve got is my faith.”


Previous Independent coverage of New Haven’s foreclosure crisis:

WPCA Uproots Tenants, Too
Home-Rescue Squad Ignores WPCA
Sewer Agency Unloads House
Foreclosure Evictions Halted
Let The Bank Have It, This Time
Hazel St. Sale Reflects Economic Climate
Hill Foreclosure Triggers Memories, & Prayers
Foreclosure Fee-Slashing Judge Leaves Town
She’ll Be Watching Deutsche Bank
A Last Pre-Foreclosure Look At A Lifetime Past
New Yorker Snags Foreclosed-Upon Gem
Foreclosure Dream Goes Sour
Judge Slashes Foreclosure Bounty
Tax Break Saves Woman’s House
Bank Replaces “Gunshot Alley” Landlord
Foreclosure Bill OK’d
Singh Seeks Home For A Song
Foreclosure’s Neighbor Worries More About Speeding
Networking Replaces Foreclosure at Christy’s
Foreclosure Bargain — & Renewal — Jeopardized
Bank Outbids Akbar; Family May Keep Home
“So Don’t Worry About Pablo”
Bankruptcy Postpones Foreclosure
Next-Door Foreclosures, 53 Years Apart
They Met On Foreclosure Way
Little Garage Draws Big Bids
A 2nd Chance on Lewis Street
Foreclosure Attracts New Breed of “Specialist”
In Foreclosures, Judge’s Hands Tied
Home Saved From Foreclosure. Cycle, Too
A House For Precious?
Deutsche Bank Grabs Dixwell Condo
Reluctant Bidder Snags F. Haven Bargain
Well, There’s Always Powerball
Neighbors Retrieve Home From Bank
Somebody Has Plans For Bassett Street
Foreclosed, the Khennavongs Leave the Santanas
Foreclosure Steal May Be Too Good
2nd Foreclosure in 3 Months Dims Bright St.
After Foreclosure, W’ville Owner Still Hopes To Sell
He’s Not Buying, Yet
Quiet Foreclosure on Porter Street
3 Minutes Too Late
Historic Gambardella Property Foreclosed
2 Homes Lost, 1 Gained
“Everybody’s Got To Eat”
More Foreclosures, More Signs
Foreclosure Sale Benefits Archie Moore’s
Rescue Squad Swings Into Action
A Bidder Shows Up
Bank Beats Tanya’s Bid
Westville Auction Draws A Crowd
DeStefano: Foreclosure Plan Ready
Can They Help?
“We Should Over-Regulate These Bastards”
Rosa Hears of Rescues
WPCA Grilled on Foreclosures
WPCA’s Targets Struggle To Dig Out
Sue The Subprimers?
WPCA Hearing Delayed
Megna’s “Blood Boils” at WPCA Tactics
Goldfield Wants WPCA Answers
2 Days, 8 Foreclosure Suits
WPCA Goes On Foreclosure Binge
A Guru Weighs In
WPCA Targets Church
Subprime Mess Targeted
Renters Caught In Foreclosure King’s Fall
She’s One Of 1,150 In The Foreclosure Mill
Foreclosures Threaten Perrotti’s Empire
“I’m Not Going To Lay Down And Let Them Take My House”
Struggling Couple Sues Over “Scam”

To learn about the ROOF Project, a community-wide effort to help New Haveners navigate the foreclosure crisis, click here.

The following links are to various materials and brochures designed to help homeowners avoid foreclosure.

How to prepare a complaint to the Department of Banking; Department of Banking Online Assistance Form; Connecticut Department of Banking, Avoiding Foreclosure; FDIC Consumer News; Statewide Legal Services of Connecticut, Inc; Connecticut Bar Association Lawyer Referral Service.

For lawyer referral services in New Haven, call 562-5750 or visit this website. For the Department of Social Services (DSS) Eviction Foreclosure Prevention Program (EFPP), call 211 to see which community-based organization in the state serves your town.

Click here for information on foreclosure prevention efforts from Empower New Haven.







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Comments

Posted by: Bill | March 26, 2009 2:20 PM

This article attempts to make the WPCA look bad, but she obviously can't afford to own a home. She owes the city $18,000 in taxes and $30,000 will barely cover her debts. She owes everyone. It mentions the house was appraised at $125,000 but doesn't say when it was last appraised. It's probably worth about $50,000 now and the offer of $30,000 is not far from the mark. Sell the house, payoff your debts.

Posted by: lance | March 26, 2009 3:47 PM

poor planning to have 3 kids with a part time mover, no?

Posted by: k | March 26, 2009 6:54 PM

Lance, Read again,she has 8 kids NOT 3 and has several grandchildren.Obviously her kids didnt learn from her mistakes.Lost her job at yale? Laid off or fired? Still I feel bad for her and think they should leave her alone.Where is she suppose to go with such a large family? Put her on a payment plan she can afford.If we can bail out AIG we should bail her out too.Good luck and I hope everything works out for you.

Posted by: Borist | March 27, 2009 12:00 PM

Dont worry Rinna hang in there obama will help you, and if he doesnt i will get another job a help you and your 12 kids.I see nothing wrong with what you did its not your fault things just happen.

Posted by: Robert Megna | March 27, 2009 1:32 PM

I served in the house when we confirmed Jimmie Abrams to be a Judge. Just prior to his appointment he also served in the house. We all clapped following our confirmation. We were so glad to be able to endorse somebody we felt had such potential to be a judge. This case confirms our thoughts at the time of our vote.

Posted by: Soundview | March 27, 2009 4:41 PM

Unfortunately, this is an everyday tragedy. While it may be true that Ms. Miller-Heard made some bad decisions, does throwing her and her kids out solve anything? Perhaps she could approach the Greater New Haven Community Loan folks and they could help her with a refi or find a buyer that will give her some more of her equity back. By the way, I don't know where she's looking at apartments, but you can find some decent 3 bedrooms in Fair Haven for $1000-1200 a month, but who would want to rent to someone without any way to pay even that rent?

Posted by: The Returner | March 30, 2009 11:18 AM

I don't know where to begin! I find it extremely pitiful for some to find it very easy to make light of other peoples demise. This is an ideal situation in which Jesus says "In as much as you have done this unto the least of these, my brother, you have done this unto me." Don't get me wrong, I understand business very well, but I also understand "money grab" also. If this young lady walks away from this home, the city acquires a gift. I'm curious to know how many homes has WPCA acquired/foreclosed on in the suburban areas of the state? I'd love to see this paper do extensive research in this companies practice. As well as the city for that matter. The editor of this paper (Mr.Bass) has made a tremendous name for himself for doing this type of research, don't stop now.

Posted by: too bad | March 30, 2009 2:25 PM

I'm sorry, but if you have bills, PAY THEM. I have bills to pay every month, and every month I pay them. I would LOVE to not pay my taxes and water bills year after year and escape all consequences. I'm not a millionaire. I work hard for my money and pay my dues like everyone else. I don't feel bad for people who don't seem to think they have to abide by the rules. Too bad for you.

Posted by: JL | April 14, 2009 3:46 PM

I wonder how many of those making negative comments went to church on Easter morning and felt great about themselves for being *good* Christians.

This woman obviously made poor decisions, or maybe it's that she didn't make any decisions at all. Of course there are consequences, and its' obvious she cannot afford to be a homeowner. But I fail to see what good throwing this woman and her large family out of their home will do. These aggressive foreclosure tactics will just lead to more blight and neglected properties, which will just lead to more crime, homelessness and so on. It causes a ripple effect of social ills that are way more expensive in the long run, and we the taxpayers will be the ones paying for it. I would like to see New Haven improve, not regress. Why would anyone who cares about living here support this?

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