City stands firm in foreclosure case

This can just as easily happen here in Springfield unless we can change the city charter to prevent this type of scenario from happening.

I won't go into detail on his other "issues" but fining an individual for parking an *unlicensed* vehicle on private(what we call it)property is just a plain ABUSE of government

City stands firm in foreclosure case

Man’s lawyers want judge to set action aside or drop fine to $50

By RAQUEL RUTLEDGE
rrutledge@journalsentinel.com

Posted: Aug. 29, 2008

The City of Milwaukee is digging in its heels in its attempt to foreclose on the home of a man who failed to pay a fine for parking an unlicensed van in his parents’ driveway.

Foreclosure

Photo/Jeffrey Phelps Among other health issues he's dealing with, Peter Tubic has had headaches dealing with his van, which is parked in his driveway without a license plates. He faces foreclosure on his home and is in a dispute with the city over citations he received for the van's lack of plates.

Nitty Gritty

City defends its foreclosure on a Milwaukee man's home originally stemming from the man's failure to pay a $50 fine for a parking-related zoning code violation.

Past Coverage

8/5/08: Barrett promises help after parking ticket foreclosure 8/3/08: Milwaukee man faces foreclosure because he didn’t pay parking fine

Forum

Your thoughts: Should the city be allowed to foreclose a home over a $50 parking violation?

Journal Sentinel Investigations

Main Page Watchdog Reports Public Investigator Citizen Watchdog Daniel Bice: No Quarter Data on Demand Blow the Whistle

The city filed a response Thursday asking the judge to deny the request from Peter Tubic and his attorney to set aside the foreclosure or reduce his fine to the original $50.

"Giving special treatment out of sympathy to one property owner or waiving the statutory requirements of one property owner because his case was reported by the media, when there are dozens of others whose homes may have been foreclosed upon after personal difficulties, would destroy the integrity" of the foreclosure process, attorneys for the city wrote in their motion.

Tubic's case drew national attention after Public Investigator wrote about the story Aug. 3.

The city foreclosed on Tubic's $245,000 home on the southwest side in July after trying for years to collect the fine, which escalated to more than $2,600 and resulted in a tax lien.

Tubic admits to ignoring the many notices he received seeking payment but says he was emotionally unfit to deal with the situation.

The Social Security Administration has deemed Tubic mentally and physically disabled since 2001. He has a host of physical diseases and a personality disorder that limits his cognitive functioning, according to documents from the administration.

Tubic's attorney, Mike Gonring of Quarles & Brady, which is handling Tubic's case pro bono, said Tubic isn't looking for special treatment because the media covered his case.

"He has legitimate reasons," Gonring said. "This isn't a case of someone who didn't pay his mortgage. . . . He had a car without tags in his driveway. It's not like every other case."

Mayor Tom Barrett, who vowed to step in to ensure Tubic doesn't lose his home, did not return phone calls seeking comment on the issue Thursday.

A hearing is scheduled for Sept. 11. If the city retains ownership of the house, Tubic can remain there as a renter until the house is sold. After that, the new homeowners can decide if they want to continue renting out the house. Tubic can file a petition with the city to collect whatever money remains from the sale of the house after the city takes its cut.