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With a Wells Fargo FHA insured $162,000 construction loan, Cheryl and & Thomas Hanneman built their Reno home in November 2000. The home was later appraised at $350,000. In March 2005, the Hanneman’s found themselves in foreclosure due to Mr. Hanneman’s broken neck. That foreclosure was posted in the Reno Gazette Journal.
Allan Zane
, a real estate agent/broker with Remcor Real Estate, visited the Hanneman’s at their home on a Friday evening. He told the Hanneman’s his “buddy, a private investor, Scott Dugan, would loan $20,000 to cure the foreclosure secured by a Promissory Note and Deed of Trust.” Magi Bird is the Real Estate Broker and founder of Remcor, with “Out of The Ordinary,” as their motto. Mr. Zane set up a meeting for two days later, on a Sunday, at First American Title Company in Reno. They were to meet with Mr. Zane, Scott and Feather Dugan, and escrow officer Sher LeGault. Ms. LeGault went on to be the manager of the Fernley, Nevada FATCO office which then closed March 31, 2008. Lynn A. Donner is the President and State Manager for Nevada FATCO.
Ms. LeGault presented the Hanenman’s with a Promissory Note and Deed of Trust along with many more papers to sign. They were told "all necessary to prevent your home from being sold at public auction in two more days,” (the following Tuesday). There is no, although legally required, written Three Day Right of Rescission in the Hanneman’s paperwork. It later turned out that why this legally required document was not in the paperwork is that unknown to the Hanneman’s, and unwillingly, they had signed a Grant, Bargain & Sale Deed.
After the Settlement Date on the escrow documents, several documents were amended and rescinded for up to 2 1/2 months. The result was further benefits to the Dugans and more fees, deposits, damages, and fines to the Hannemans.
The real arrangement it turned out to be was for the Hanneman’s to pay the Dugans. The Dugans were to pay the Hanneman’s mortgage payment in the Hanneman’s name for the next six months. There was an additional monthly charge to the Hanneman’s for that “privilege aka under the cloak that the Hanneman’s could re-build their credit.” That ploy is a 42 USC 3604 violation for rental price discrimination and commonly referred to as "Loan Slamming."
Payments would apply to the Dugan’s Consideration, an essential element of a valid contract. However, the Offer and Acceptance contract prepared by Remcor Realty was illegal on the face of it and therefore never a valid contract. It is illegal as it is mandatory for a buyer/borrower to either pay off or assume an FHA Mortgage Loan. The Offer and Acceptance Contract prepared by Remcor Realty had specifically written out that the loan would stay in the Hanneman’s names and the lender was not to be told. That is in violation of the HUD Reform Act of 1989. It states that buyer/borrowers may assume FHA loans only as owner-occupant and only for their primary residence and never for investment property. The Act further states that the buyer/borrower must be preapproved by the FHA lender prior to assuming the loan.
Remcor Realty and Mr. Allan Zane handwrote wrote on the Offer and Aceptance Contract that "the investor will assume the FHA loan under the existing terms and conditions, and the lender is not to be informed." That is a violation of 42 USC 3604. It is the felony of Mortgage Fraud. It was knowingly done by Remcor Realty, Mr. Allan Zane and the Dugans to prevent Wells Fargo from exercising the "due on sale clause" in Wells Fargo’s Deed of Trust.
In September 2005, the Dugans wrote the Hannemans they wanted more money from the Hannemans if the Hannemans wanted to stay in their home.
18 USC 1014 makes it a felony to knowingly making false statements or willfully overvaluing any property or security to influence mortgage lenders’ actions. The Dugans made the Hanneman’s another offer. This one to buy back their home from the Dugans for $300,000.
The Hannemans filed complaints. Their complaint to the Attorney General’s Office is considered to be dual filed with HUD according to 24 HUD 1B 103.25(a)(3), "all further legal proceedings concerning the subject FHA mortgage loan and property should be stayed until HUD issues its Findings of Fact and Conclusions of Law."
The Hanneman’s notified the Dugan’s of their filed complaint. In retaliation, and an illegal action, the Dugan’s filed and obtained an Eviction Order from Justice Court. Retaliatory Actions are prohibited per 42 USC 3601 and NRS 188A. The Hanneman’s appealed the Eviction Order to the District Court #CV06-00520 and filed a three month rent bond with the Court pending the Appeal.
The Dugans went back to Justice Court, although now void of jurisdiction, and obtained another Eviction Order. How? The Dugans intentionally failed to tell that judge everyone was all on appeal to another court over the same issue. When that was discovered , the Hannemans were not allowed by the Justice Court Clerks to answer this other Eviction Order. Nor was that other Eviction Order vacated/dismissed as it should have been.
The Dugans then illegally and maliciously changed the locks to the Hanneman’s home, barred their windows breaking blinds in the process, and screwed a wood bar into the inside garage door frame on either side. They then gutted the Hanneman’s home of every personal belongings. They were put into two 40 yard dumpsters.
The Dugans then opened the Hanneman’s mail, and took the Hanneman’s pets to the humane society. Several pets died. The Dugans then pushed three of the Hanneman’s vehicles out of their driveway and across the street into the County maintained water run-off ditch. The Sheriff's Department later impounded them.
The Dugan’s actions violated NRS 118A.460 1(a): in a lawful eviction, that "The landlord shall reasonably provide for the safe storage of the property for 30 days after the abandonment or eviction or the end of the rental period. The landlord is liable to the tenant for his negligent or wrongful acts in storing the property. (c) Vehicles must be disposed of in the manner provided in Chapter 487 of NRS for abandoned vehicles."
The Hanneman’s then filed with the Federal District Court #3:06-CV-00472 for a violation of their Constitutional Rights of the Amendments Five and Fourteen for violation of due process, violations of the Fair Housing Act, 42 U.S.C. 3604, 18 U.S.C. 1014, and 42 U.S.C. 3601.
The Hannemans never did get their home, possessions or life back.
Sources are the Washoe County public records, the Multiple Listing Service, Reno Gazette Journal, Remcor courses taught at Reno-Sparks Association of Realtors, United States Code, NRS 645, NAC 645, NRS 118A, Realtors Code of Ethics, Reno Justice Court, Reno District Court public records, 42 USC 3604, Cheryl & Tom Hanneman, Ed & Katie Campbell, First American Title escrow documents, and Offer and Acceptance Agreement prepared by Remcor Realty.
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