Nephew Evicts Aunts

[lofter1]

Nominee for lowest LL of the year (see below for News / Court info): Joseph DeLeonibus

Two Elderly Aunts Evicted From Childhood Home By Nephew

November 15, 2005
http://www.ny1.com/ny1/content/index.jsp?stid=1&aid=54966

Two elderly sisters have been evicted from their childhood home in Brooklyn and what's worse – the person who evicted them was their own nephew.

The eviction was sparked when Joseph DeLeonibus served his elderly aunts with notices to vacate their Cobble Hill home.

They fought to stay put, but a judge ruled in favor of the landlord.

Now, 88-year-old Katherine Carmada has less than a week to leave. Her 86-year old sister Angelina Visconti, who suffers from Alzheimers, was granted a month extension, but is expected to be out before Christmas.

According to a relative, the nephew served his aunt's on the day of his own mother's funeral.

He plans to sell the Cheever Place building.

His lawyer would not comment.
_______________________________

Housing Court

http://portal.courts.state.ny.us/pls/portal30/HSES_DEV.RPT_APPEARANCE_RESULTS.SHOW?
p_arg_names=index_number&p_arg_values=0062327&p_arg_names=year&p_arg_values=2005&
p_arg_names=coun]http://portal.courts.state.ny.us/pls/portal30/HSES_DEV.RPT_APPEARANCE_RESULTS.SHOW?
p_arg_names=index_number&p_arg_values=0062327&p_arg_names=year&p_arg_values=2005&
p_arg_names=county&p_arg_values=23
Note: combine the above lines to get the complete URL

County Case Appearance: Kings 62327/2005

DELEONIBUS JOSEPH vs. CAMARDA KATHERINE

22-NOV-05 New Order to Show Cause
9:30 A.M. Part H ,Rm.507

29-APR-05 Housing Adjourned Holdover Oymin Chin
9:30 A.M. Part H ,Rm.507
Judgment On Consent Per Stip

19-APR-05 Housing Adjourned Holdover Oymin Chin
9:30 A.M. Part H ,Rm.507
Adjourned

05-APR-05 Housing New Holdover Oymin Chin
2:00 P.M. Part H ,Rm.507
Adjourned

<small>[ November 16, 2005, 12:34 AM: Message edited by: TenantNet ]</small>

[NYHawk]

FRAUD ALERT!! This should be interesting to the regulars. I did a little detective work and discovered something fishy: the most recent deed for this property states that an Anna Deleonibus gave up her life estate by a deed dated March 25, 2005. An Arnold Davis, Notary Public, acknowledged her signature also on March 25, 2005. Here is the deed from ACRIS. The problem is that Anna had died on March 12, 2005. Look here and type in the name Anna Deleonibus.

That phony acknowledgment might be enough to stall the Housing Court case. Courts hate that kind of blatant fraud. Any suggestions on what to do next? Do the sisters have a lawyer? Maybe someone can get the press to follow up on this! (fingers crossed)

What should we do next ??

<small>[ November 16, 2005, 01:31 PM: Message edited by: NYHawk ]</small>

[Aubergine]

Compare Anna De Leonibus' signature on that deed to the signature on the 11/18/2003 deed in which she granted a reversion in fee simple absolute to Joseph Deleonibus:

http://a836-acris.nyc.gov/Scripts/DocSearch.dll/ViewImage?Doc_ID=2003112501489001

or to the signature on this 5/31/1989 mortgage:

http://a836-acris.nyc.gov/Scripts/DocSearch.dll/ViewImage?Doc_ID=FT_3700001463270

<small>[ November 15, 2005, 07:14 PM: Message edited by: aubergine. ]</small>

[Aubergine]

The Daily News has been covering this story:

http://www.nydailynews.com/news/story/364825p-310715c.html

Let elderly sisters
stay, neighbors beg

By KERRY BURKE and TRACY CONNOR
DAILY NEWS STAFF WRITERS

Outraged Brooklyn neighbors are rallying around two elderly sisters being evicted by their own nephew, who wants to sell the house for a million bucks.
"I just wish I could hit the Mega Millions tonight. I'd buy the building and they could stay there forever," Cobble Hill resident Vincent LaFace, 27, said yesterday.

Toni Ombrellino, 35, a mother of three, said her heart breaks for widows Katherine Camarda, 88, and Angelina Visconti, 86. "It's a terrible thing," she said. "They've been here over 80 years. Let them spend their last days in peace."

As the Daily News reported, Camarda and Visconti got eviction notices from nephew Joseph DeLeonibus of Hazlet, N.J., who inherited the Cheever Place home from his mother.

He listed the building for sale at $999,999 to any buyer willing to pay all cash without inspecting it.

"It's a disgrace," said Visconti, who suffers from Alzheimer's disease and heart problems. "I was born in this house and I want to die here."

Because the sisters don't have leases and the building is not under rent-control laws, they can't fight the eviction, said Jenny Laurie of Metropolitan Council on Housing, a tenant group.

But she said it's rare for tenants so elderly to be forced out, because landlords are wary of bad publicity. "I've worked at Met Council for 15 years, and I've only once or twice heard stories this cruel."

DeLeonibus didn't return calls for comment, but one resident defended him.

Pauline Bonaventura said Camarda, Visconti, her son and daughter-in-law have taken advantage of DeLeonibus.

"He pays all the bills for the house and no one pays rent. They are squatters," said Bonaventura, who is related to the clan by marriage. "Poor Joey has been stuck with a house he really doesn't want."

Originally published on November 12, 2005

http://www.nydailynews.com/news/local/story/364457p-310315c.html

Hit the bricks, granny!

Nephew booting aunts in their 80s
from B'klyn home to chase 1M sale

By TRACY CONNOR
DAILY NEWS STAFF WRITER
[caption:]
Katherine Camarda, 88, and her sister Angelina Visconti, 86, who is suffering from Alzheimer’s disease, face eviction from their longtime Brooklyn family home.

[caption:]
Joseph DeLeonibus, 57, of Hazlet, N.J., who took over Cobble Hill, Brooklyn, building from his mother, who died in 2003, is forcing out his aunts.




Two Brooklyn sisters in their 80s are about to be tossed out of the house where they grew up - by their own nephew, who is hoping to make a cool million bucks by selling the building.
He is in such a rush to unload the Cobble Hill townhouse in a hot real-estate market he knocked $400,000 off the price - hawking it to any buyer willing to meet bizarre conditions.

"House is being offered for $999,999, without seeing it, without inspecting it, must close in 30 days, must be all cash and must take tenants in place," said the listing on Corcoran's Web site.

After an inquiry from the Daily News, Corcoran removed the ad. Broker Patricia Neinast would not say if the house is still on the market, but the owner claimed to have found a buyer.

And that could be bad news for sisters Katherine Carmada, 88, and Angelina Visconti, 86, who say they have nowhere to go if they are evicted from the cozy brick home their father bought a century ago.

"I'm going crazy looking for rooms," said Carmada, who said she received a warning from city marshals this week that she has six days to leave the Cheever Place residence.

Visconti, a widow who suffers from Alzheimer's disease and heart problems, got an eviction notice in the mail last week.

"Pushing her out of this house is like signing her death certificate," said her son, Leonard Visconti, 54, who lives in the attic of the building with his wife, Patricia, 48.

The house was owned by Carmada and Visconti's sister, Anna DeLeonibus, until 2003, when property records show she turned it over to her son, Joseph DeLeonibus, 57, of Hazlet, N.J.

The three sisters lived together in the house - Visconti has been there for 40 years, Carmada for eight years - until Anna DeLeonibus died in March.

Now her son is sitting on a potential gold mine, especially if he can deliver the house vacant. Homes on quaint Cheever Place easily sell for more than $1 million.

The owner's wife, Grace DeLeonibus, 52, would not comment on the impending eviction of her husband's elderly aunts.

"There's a lot of history behind it," she said. "The people who live there are trespassing."

A lawyer for the DeLeonibuses, Kevin Hymowitz, also declined comment, saying that "there are many shades of gray."

The sisters have little legal recourse. Neither has a lease, and the building was never registered under rent control.

"We were family," Carmada said. "We never thought this would happen."

Carmada said she got her eviction notice the day her sister was buried, after her nephew tried to hike her rent from $650 to $750 a month.

She said she went to Housing Court, and the judge gave her a six-month reprieve that ended Nov. 1, but she hasn't found a new place to live yet.

Angelina Visconti, who paid $200 a month rent, and her son and daughter-in-law got their eviction notices Saturday and they have to be in Housing Court on Monday.

"I can't believe he's doing this," said Leonard Visconti, adding that if she were alive, the landlord's mother would be horrified by what's happening to her sisters.

He said the women always believed they would be able to live in the house until they died.

"But back then, family was family and nothing was on paper," he said.

Originally published on November 11, 2005

<small>[ November 16, 2005, 12:45 AM: Message edited by: aubergine. ]</small>

[TenantNet]

Anna DELEONIBUS
Birth Date: 13 Mar 1919
Death Date: 12 Mar 2005
Social Security Number: 054-10-4339
State or Territory Where Number Was Issued: New York

Death Residence Localities
ZIP Code: 11231
Localities: Brooklyn, Kings, New York

Death Benefit Localities
Zip Code: 11231
Localities: Brooklyn, Kings, New York

[Aubergine]

There is an OSC on the calendar on 11/22 in Part H for Katherine Camarda (62327/2005), and a holdover proceeding on the calendar on 12/19 in Part J for Angie Visconti (98944/2005).

Someone should find out if either of them is represented and if not, should alert the court or the parties to the apparent fraud.

What is odd is that the life estate should not have presented a problem if the life tenant had died and the owner of the reversion in fee simple (Joseph) could prove it. I don't know how people normally establish to the satisfaction of a title insurance company, purchaser, or lender that a life estate has been extinguished. NYHawk, do you know?

[Concourse]

Shouldn't this be referred to the District Attorney's office?

[lofter1]

I just called NY1 and walked them through this forum and got them to look at the postings about possible fraud.

NY1 is looking into it.

[Aubergine]

Here's still another questionable element of these transactions:

I took another look at the 11/18/2003 deed in which Anna DeLeonibus grants the property to Joseph Deleonibus, reserving a life estate:

http://a836-acris.nyc.gov/Scripts/DocSearch.dll/ViewImage?Doc_ID=2003112501489001

The stamp of the notary who purportedly took the acknowledgment of that deed, Joseph Nittolo, states that he is a New Jersey notary public, not a New York notary public. But the acknowledgment states that it was taken in Kings County, New York, and is made on the form for acknowledgments taken within the state of New York.

[lofter1]

The signature for Anna DeLeonibus on the 3/25/05 document that transfers property to Joseph O. DeLeonibus (seemingly notarized by Arnold Davis) bears no relation whatsoever to her signatures on previous documents from 1989 and 2003.

[TenantNet]

Lofter, I know your intentions were good, but never, ever, ever .... ever, ever ... trust NY1 with getting a story accurate. More often than not I've seen them purposely ignore critical information. I know someone on this forum has reached out to the journalists at the Daily News and there are other efforts being made. Hawco and Aubergine should be complimented for their research.

[lofter1]

I trust no one in the news business

But it can't hurt to get the word spread as wide as possible.

[lofter1]

KICKED TO THE CURB

BY ADAM LISBERG
DAILY NEWS STAFF WRITER
Tuesday, November 15th, 2005

http://www.nydailynews.com/news/local/story/365749p-311468c.html

An 89-year-old Brooklyn woman fears she could be evicted from her longtime home today after a Housing Court judge wouldn't give her more time to find a new place to live.

Katherine Carmada and her Alzheimer's-afflicted sister Angelina Visconti, 86, were both served with eviction notices after their nephew Joseph DeLeonibus, 57, of Hazlet, N.J., decided to sell the family's Carroll Gardens house for $1 million.

His late mother owned the home and had lived there with her sisters.

Visconti won a month's stay from a judge yesterday - but Carmada, who received an eviction notice in April, is out of options, another judge ruled.

"I can't believe he's doing this to us. We were always so close," said Carmada, who insists she didn't realize she signed off on the spring eviction notice.

"I hope he changes his mind. I'm going crazy! I don't know what to say or where to go."

DeLeonibus skipped yesterday's court hearing and his lawyer, Samuel Hagan, wouldn't comment.

Relatives hope a city agency will be able to get Carmada's eviction stayed on health grounds.

[lofter1]

PriceChopper Update: Cobble Hill Shadiness Explained

http://www.curbed.com/
[URL=http://www.curbed.com/archives/2005/11/16/
pricechopper_update_cobble_hill_shadiness_explained.php]

Turns out there really was something fishy about that Cobble Hill townhouse we featured as a PriceChopper earlier this month. This was the property you might've read about late last week in the Daily News, where the pair of octogenarian sisters were getting booted from their home by their bubble-mad nephew with the high-pressure sales tactics. It took a post by Brownstoner and some squinting at the fancy collage at right for us to put two and two together. We're going to go off now and sharpen our reflexes, but in the meantime, what's become of those poor old ladies?

· Hit the bricks, granny! [NYDN]
· Curbed PriceChopper: High-Pressure Tactics in Cobble Hill [Curbed]
· RE Greed Reaches New Level in Cobble Hill [Brownstoner]

<small>[ November 16, 2005, 09:38 AM: Message edited by: TenantNet ]</small>

[Anna]

Apparently, what got this story into the news was nephew's real estate listing on Corcoran's:
"REDUCED $400,000!!!!!!! DEAL OF THE YEAR!! HOUSE IS BEING OFFERED FOR $999,999, WITHOUT SEEING IT, WITHOUT INSPECTING IT, MUST CLOSE IN 30 DAYS, MUST BE ALL CASH AND MUST TAKE TENANTS IN PLACE. NO EXCEPTIONS TO THE TERMS!"
http://www.curbed.com/

This building has a CO from 1938 listing a total of two family units.
http://www.nyc.gov/html/dob/html/home/home.shtml
(select: Brooklyn > 17 > Cheever)

NYC DOF also lists it as a 2-family house.
http://nyc.gov/html/dof/html/jump/nycproperty.shtml
select Brooklyn > Block = 322 Lot = 22

Photo from curbed & sales listing show three full stories.

<img src="http://www.curbed.com/2005_11_cobblehill2.jpg" alt=" - " />

More food for thought:
Issue 1:
Son of Visconti lives in 'attic', per some media. Is 'attic' part of her apartment or is it a seperate (illegal) unit?

If bldg currently has 3 seperate dwelling units, the Visconti holdover could be dismissed for lack of MDR (Multiple Dwelling Registration, see MDL 325). OTOH, a court recently ruled it could still render a judgment for possession w/o required MDR, but could not render one for unpaid rent.

Issue 2:
Visconti has lived there for 40 years (circa 1965), apparently in an apt separate from the owner-sister's apt. Another reported that she lived there 80 years.
She paid rent ($650/mo most recently); she had/has no lease.
She might actually be rent controlled, despite the fact that neither her father nor sister registered the apt. Bldg was built before 1947, was subject to Fed rent control up to 1947, would have slid into RC then.
Exactly when did she move in? and who lived there before her? is she a succession tenant?

Issue 3:
Visconti reportedly has Alzheimer's. LL has the affirmative obligation to inform the court that she may not be able to defend herself. Court is required to determine whether or not she needs a GAL (guardian ad litem) to protect her rights. She may also qualify for free legal representation. It appears that, contrary to reports in media, her holdover has barely started (or was there an earlier one?). It also appears that she & her son were named in the same holdover.
Kings 98944/2005
DELEONIBUS GRACE/JOSEPH vs. VISCONTI/ANGIE/LEONARD/
19-DEC-05 Housing Adjourned Holdover
9:30 A.M. Part J ,Rm.502
14-NOV-05 Housing New Holdover
2:00 P.M. Part J ,Rm.502

Issue 4:
Even though the media did not report that Carmada had any physical or mental disabilities like her sister Visconti, she may have diminished capacity, a very common problem w/people her age, esp if they are on several meds. If so, she too should have had a GAL hearing and/or may have qualified for free legal representation. If so & if she signed that stip w/o representation, it could be overturned.
Kings 62327/2005
29-APR-05 Housing Adjourned Holdover Oymin Chin
9:30 A.M. Part H ,Rm.507
Judgment On Consent Per Stip

NB 1:
To find active Housing Court cases:
http://nycourts.gov/ecourts/
select 'Court Calendars & Case Info"
select 'Case Info'
cclick one, fill in the boxes.
if searching by 'Party Name', use as little of the LL's name as possible (so that other cases by same LL will pop up).

NB 2:
Anyone can walk into the Kings County Housing Court, 141 Livingston St, Room 203, & look up all cases filed by Deleonibus in the public access cumputer. Tenants' lawyers will be listed, if they have filed Notice of Appearance. It will also show if there was an earlier HO against Visconti, as media suggests.

NB 3:
lofter1's curbed link has 3 links on it: one is a forum on the Brownstoner (a Brooklyn newspaper) with lots of ugly posts from people too lazy to use Google or other search engines or search local papers before posting ugly opinions about the sisters (mostly) and their nephew/LL. Three from 8:07pm to 9:11pm, 11/15, sound like one poster w/ax to grind... or related to LL?
http://brownstoner.com/brownstoner/archives/2005/11/re_greed_reache.html


ps: did anyone mail/email a copy of this thread to these tenants or their attorneys?

<small>[ November 16, 2005, 11:10 AM: Message edited by: Anna ]</small>