Wednesday, March 13, 2013

Death by Foreclosure. RIP Larry Delassus. Shameful.

Disabled Navy Veteran Died in Court Fighting Foreclosure

Posted March 13th, 2013 by US Navy SEALs
It’s sad enough to hear a disabled service member lose the house he worked hard for to acquire. But knowing that he lost his property because of someone else’s fault and had to fight so hard for it til’ his death, makes the story even worse.
Such was the case of a 62-year-old disabled Navy veteran who fought against Wells Fargo to get his home back.
Larry Delassus, of Hermosa Beach, CA., succumbed to a heart attack on December 19, 2012 while attending a preliminary hearing in Torrance Courthouse.
Delassus, who was in a wheelchair, was suffering from a rare disease called Budd-Chiari syndrome. According to his deposition, he served in the U.S. Navy from 1969 to 1973 and handled jet fuel, and later worked as a production assistant in independent films and for U.S. Airways at LAX International Airport.
In 1996, Delassus bought his 1-bedroom condo unit at 320 Hermosa Avenue. The problem began when his March 2009 payment of $1,237 wasn’t processed as he expected, Easy Reader reports. Even though the late Navy veteran paid his mortgage two months in advance since 2007, the bank later informed him that his payment wasn’t sufficient, and he was suddenly behind on his mortgage payments.
However, Delassus’ friend and lawyer, Anthony Trujillo of Redondo Beach, discovered that the banked used an incorrect assessor’s parcel number that corresponded to Delassus’ neighbor’s home. Turns out, it was Delassus’ neighbor who’s behind on his property taxes.
Trujillo informed Wells Fargo of the mistake, which was acknowledged by the company. However, the judge presiding over the hearing sided with the company.
“He was sure that when a judge heard that he was never even late on a payment, that [the judge] would do something,” said Debbie Popovich, a friend who arrived in court with Delassus.
In a statement issued by Wells Fargo after Delassus’ death, it said: “Mr. Delassus’ passing was a tragic event and our deepest sympathies go out to his family and friends. In a tentative ruling posted on the court’s Web site the night before the scheduled hearing, the judge indicated she was prepared to dismiss all the claims put forward by Mr. Delassus’ attorneys and rule in favor of our motion for summary judgment. Given that there was no testimony or evidence to be presented at the hearing, there was no reason for Mr. Delassus to attend and it is truly unfortunate that he was brought there.”
Trujillo, however, maintained that Delassus was at the court to testify.
Judge Ellison was expected to have had made a decision by Jan. 17 whether the case will go to trial.

1 comment:

  1. What a surprise that a California Judge ruled in favor of the more politically powerful (the bank), and ignored the facts and the law of the "underdog" (the elderly man in this case).....While any good attorney will tell you that anyone creative enough can manipulate the law to support their version, and ignore justice, it is always amazing to me just how much California judges ignore justice and hence the law and the facts to rule for the ones as more politically powerful, so as to protect their cushy high paying jobs (around $200,000 annually with unbelievable perks).

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