Posted on 12/22/2009 1:12:35 PM PST by Tom Hawks
I like your idea, but would add "and she gets to go through their homes with a blowtorch or a bulldozer (her choice)".
Pay up or hang.
They've apparently picked "hang" as their option.
OH I didn't realize there was a second page of photos
Still seems pretty sparse for someone that’s lived there for two years.
> but if you reasonably thought you were authorized to do that act, you aren’t criminally responsible.
So in this case “color of right” is an absolute defense? If so, there must surely be a concomitant requirement to make good the “mistake”, otherwise what stops any/all burglars from claiming “color of right”?
Ms, Teri Brenkus, I don't think you have the brains to blow your noise, but if you do, you better write that woman a check pretty damn fast, before she has you arrested for breaking and entering and ETC, ETC,. You have screwed up big time.
Yes, such as a 90 day storage building.
Oh I agree. $200,000 for the value of the property, $500k for the hassle, and another $1 million for punitive.
Perhaps she was trying to pay her mortgage instead of out buying a bunch of crap.
I have been packing in preparation for moving when I get a buyer.
Just the things I have already packed are marked-box by box- and I sat down & made a rack of 3 x 5 cards in alpha order so I could find things I had already packed, as my memory is getting thinner each day.
I have over 1000 cards, listing items, and I am convinced that the replacement value is well over $100,000. One box had a set of brake shoes for my dually, and a new set of them is over $80. that is just one box. Tools I have accumulated over 50 years are a whole thing again!!.
4 saddles alone are over $3000 EACH to replace. I don’t even know the value of many of the small items that have been handed down thru 4 generations of parents, etc.
This woman better have a great attorney, but I think she has the mortgage company by the short hairs—.
She can still file a criminal complaint for all kinds of stuff...grand theft, conspiracy to commit theft...
Absolutely. You are responsible for your actions, and have to pay civil damages. Mistake of fact just saves you from criminal liability, and, assuming that you were not reckless, from punitive civil damages.
Criminals defendants do sometimes claim mistake, but it is a "do or die" defense, because you have to admit that you committed the actual act. Unless you are telling the absolute truth, it will very rarely help to use a mistake defense.
Rick and Teri Brenkus have LOTS of insurance (as mandated by Nevada law as a real estate brokerage). This woman can sue them and be just fine aside from getting her baby pictures back.
There are a lot of realtors in Las Vegas who are laughing their @sses off that the Brenkus’ are the ones who did this since they are about as hands-off as you can get and still be in the real estate business. They put their name on everything done in their company but they never touch anything themselves. Maybe a little personal attention would have avoided them this next huge judgement against them.
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