ABC Action News I-Team: Experts Say Court-Approved Sale Was Below Market Value

INDIAN ROCKS BEACH, Fla. -  The I-Team has uncovered a real estate transaction, done with the court’s approval, potentially benefiting an officer of the court.

The purchase involved an attorney hired to represent a woman who had been incapacitated and placed in Florida’s guardianship system.

 Experts say the attorney didn't pay a fair price for the property and walked away with a big real estate bargain.

 Jacqueline Harwood, now 77-years-old,  lived in the home from the time it was built in the 1940's until last June.

 “This is a good lot here. It's deep and it has water access to the Inland Waterway,” said Arthur Goetz, describing his neighbor’s home. “It’s a nice piece of property.”

 Filled with a lifetime of belongings, it needs updating, but it meets the number one rule in real estate.... location.

 “It's a quiet little street, tucked away in its own private oasis where you can put your boat dock, mangrove lined canals, and when you look out, you can see the Gulf of Mexico. It's something unique,” said Jeff Beggins, a broker for Century 21 who oversees 300 agents in 11 offices.

 The sale of the home was approved by a Pinellas County Probate judge in December for $165,000.

 “I just think that’s way under market value,” said Goetz.

 Harwood was declared incapacitated by a court in June of 2013 after showing signs of dementia, like repeatedly locking herself out of her home and walking down the street in her bathrobe during the day.

Patricia Johnson was appointed as her professional guardian after she told us she was contacted about the case by the Florida Department of Children and Families.

 The I-Team has referred to some of Johnson’s other cases as part of our series of reports on Florida’s guardianship system.

 Johnson moved Harwood into an assisted living center and hired attorney Gary Fernald to serve as Harwood’s guardianship attorney.

 “Typically the lawyer has a relationship with the guardian, but they're both paid out of the assets of the ward,” said retired Hillsborough County Judge Susan Sexton, who has overseen thousands of guardianship cases.

 Sexton says part of the attorney's role is to make sure every transaction involving the ward's assets is done by the book.

 “Absolutely, that is the attorney's role,” she said.

 The sale of Harwood's home would help pay for her future care, but the house was never put on the market by a realtor.

 Court records show, however, that a company called Rebecca Jane and Associates, LLC., which is not a registered company in Florida, offered to buy the home in November.

 Attorney Gretchen-Elizabeth filed that petition to sell the home on Johnson’s behalf.

 When the I-team questioned the transaction, both Gretchen-Elizabeth and Johnson resigned.

 “Shortly after the hearing was set, Mrs. Johnson made the decision to resign as Mrs. Harwood’s guardian,” said Fernald, in an e-mail sent to the I-Team. “At that point Gretchen-Elizabeth canceled the hearing and withdrew her appearance.  Judge St. Arnold signed the first order approving the sale on November 20, 2013.   Mrs. Johnson filed her petition for discharge on November 27, 2013.”

 It turns out the original buyer was actually Gary Fernald, the attorney who asked for Harwood to be incapacitated.

In December, Judge Jack St. Arnold signed an order allowing Fernald to buy his former client's home for $165,000.

Full Article, Video and Source:
I-Team:  Experts Say Court-Appointed Sale Was Below Market Value


Source:
Real Estate Deal Questioned

See Also:
Jeff Brandes:  Bill Would Help Keep Unscrupulous Guardians in CheckABC Action News I-Team:  Al Katz Center Educates and Fights Against Abusive Professional Guardianships