Sievers Sidebar #3

[Frigga]

Law officers have the guns, as they are shown in the batches with evidence items. They would never put them back in an empty home, plus, they are most likely investigating whether any are stolen guns

... or wether any of them were used in a crime.

 

[SurfieTX]

My thought is that, if the 40k was still available to ms before he went to jail, then , he has taken care of that money, meaning it's gone. I think he stopped making payments on the house and all bills related to that, at first he thought he got away with crime,and had other thoughts of what he would do with ALL the insurance money, so, he didn't care what happened to Jarvis, so everything went into arrears, once he was picked up,he doesn't care what happens to Jarvis anyways and it will go into foreclosure, and I don't think it will EVER get sold.

Adding, I wonder if Florida has a law for real estate agencies to reveal to a buyer about someone being murdered in a home for sale? Any realtors out there? I know if the potential buyer asks then they must reveal, but what if they don't ask?

In 1985, the Florida Supreme Court said anything that could adversely affect the value of a home must be disclosed to buyers. That covers things like sinkholes, defective roofs and bad drywall, Weaver said. After the Supreme Court decision, the real estate community went out of its way to disclose everything and anything that could get sellers or their agents in legal trouble later. But that changed in 2010 when the Florida Legislature said murder doesn’t affect the value of a home. Now, real estate agents won’t typically tell sellers about murder or crime in a house they’re interested in, said agent Nick Davis. "Agents worry that if they tell someone and that buyer decides not to buy, they could be sued for disclosing the information," Davis said. All around the Tampa Bay area are houses with heinous histories. And they all have to be sold sometime.

Five people were slaughtered, one by one by one, in a Seffner home. On a picture-perfect street in New Tampa, investigators say a mother shot and killed her teenage children. And the man who used to own a Seminole Heights bungalow is in prison, for drugging and sexually torturing nine men in the house.

Although some buyers may be frightened to live in these homes, such crimes doesn’t affect the value, said Margy Grant, a lawyer for the Florida Realtors, a trade organization for real estate agents. "Some people think houses are haunted, but we don’t disclose that Casper lives there," Grant said. Davis said he advises all of his clients to do their homework before buying. Search for the address on the Internet, where news stories would pop up. Contact local police and run a history check on the property. Be nosey.

See more at: http://www.tbo.com/news/business/ho...o-disclose-murder-302265#sthash.WTZ6ZKC9.dpuf

 

[simlyme]

See more at: http://www.tbo.com/news/business/ho...o-disclose-murder-302265#sthash.WTZ6ZKC9.dpuf

Well, I hope the neighbors keep an eye out if it goes on the market, just to at least let them know if they don't already know, because I'm sure they wont have any people from the neighborhood to invite to
their pool parties. That house has more than ghosts living in there I think the neighbors would just like to see it torn down.

 

[No it's not]

Law officers have the guns, as they are shown in the batches with evidence items. They would never put them back in an empty home, plus, they are most likely investigating whether any are stolen guns

That is incorrect. LE is not in possession of the firearms at this time. Here is the list of seized items from the house:

Baites # 29604

If MS gets out on bail, he will have to turn over firearms and his passport:

'If Mark Sievers does get out of jail, Duryea order that his travel should be limited. The judge also ordered Mark Sievers to turn over his passport and firearms.'

http://www.news-press.com/story/news/crime/2016/02/27/mark-sievers-bond-set-443-million/81028816/

-Nin

 

[msboo]

This is a big issue for the neighbors... a stigma exists at that Jarvis house due to things MS did prior to and after the murder--then the murder itself. Possibly an issue for potential buyers.

Just read info SurfieTX posted.... I disagree with Margy Grant's statement (lawyer for Florida Realtors) as she says such crimes don't effect a property's value. I've seen a lot over the years, my husband was a builder/developer in KY. In 1985, FL Supreme Court said anything that could effect property value must be disclosed THEN in 2010 the FL Legislature said "murder doesn't effect the value of a home". This puts realtors in 'a rock & a hard place', JMO. READ SurfieTX post below. How would you like to buy a home, move in then get to know your neighbors only to find out what took place in your house.... unless you're lucky to hear this prior signing that contract. My opinion... If buyers are "fully disclosed" they can then fully consider.

MPO, Jarvis should be demoed but then the flip side...... the costs of a demo then selling the lot won't jive financially. Demolition itself is expensive THEN proper disposal of all that demoed material is costly.

 

[msboo]

Thanks, NIN.... I was just going to do a 'gun post', as I only saw a few in pics in the docs. My question would've been "but did they take those OR all the guns?" I wasn't sure but didn't think they did--- those were pics of what was there.

 

[Maxine2U]

This is a big issue for the neighbors... a stigma exists at that Jarvis house due to things MS did prior to and after the murder--then the murder itself. Possibly an issue for potential buyers.

Just read info SurfieTX posted.... I disagree with Margy Grant's statement (lawyer for Florida Realtors) as she says such crimes don't effect a property's value. I've seen a lot over the years, my husband was a builder/developer in KY. In 1985, FL Supreme Court said anything that could effect property value must be disclosed THEN in 2010 the FL Legislature said "murder doesn't effect the value of a home". This puts realtors in 'a rock & a hard place', JMO. READ SurfieTX post below. How would you like to buy a home, move in then get to know your neighbors only to find out what took place in your house.... unless you're lucky to hear this prior signing that contract. My opinion... If buyers are "fully disclosed" they can then fully consider.

MPO, Jarvis should be demoed but then the flip side...... the costs of a demo then selling the lot won't jive financially. Demolition itself is expensive THEN proper disposal of all that demoed material is costly.

MsBoo - I agree I'd like to know things like that. The house I grew up in was built in the 1910's. It had fallen into shambles before we bought it and was a rental house. The tenants were drug users/dealers/prostitutes. There had been at least one murder in that house. We didn't know about any of that until long after we moved in.

 

[Kelkeen]

We viewed a lovely home years back. Full of 'family vibe',, still had markings on wall of kid's growth chart,, children's names & stickers on wall in play area.
We were not told that the father had committed suicide in the home, we found this out later. At that point,, it was ALL a 'mute point'.. I could not have fathomed raising my then 10 yr old twins in that home.

It is going to get complicated with MS,, as we here on WS's know he did this, he orchestrated the whole killing, - of his wife - his children's mother,, THEN, moved into the murder home with the two young girls.

Being married to a lawyer, I have witnessed how often times a lay person cannot wrap their head around legal procedure, often seeming to defy human logic...

Like how in the hexx can this guy have ANY say as to his daughter's welfare?? ----Oh, I forgot,, he didn't do it. Strangest thing, a lifetime friend & his degenerate friend, 'The Hammer' ended up doing it.. Wow,, what are the chances of that Mark?
Thank GOD for DSS.

 

[mckazpm]

Just an update: the home was dark all of last week and now there are dim lights noted at night from inside. The grass is getting longer, but mostly weeds growing in certain areas....BUT, the pool guy was still seen there last week...hah?!!!!

Going to try my best to post a picture, although it's a little difficult to see still.

 

[AlwaysShocked]

Yep, I'm another one who bought a house and learned about a year after the fact that someone had supposedly been murdered in the house years before. The guy who told me the story said it was never really proved to be murder - it was a guy and his girlfriend living there and somehow he got shot. It didn't really bother me.

 

[debbiegarcia36]

See more at: http://www.tbo.com/news/business/ho...o-disclose-murder-302265#sthash.WTZ6ZKC9.dpuf

Interesting. Just the opposite here in California where sellers and their agents have to disclose all physical conditions known to them that might affect a properties value as well as "stigmatizing" factors such as murder, suicide, and other deaths. Proximity to registered sex offenders, hauntings, and other paranormal activity must also be disclosed if known by the seller or agent.

The National Association of Realtors defines "stigmatized property" as that which has been "psychologically impacted by at event, which occurred or was suspected to have occurred on the property, such an event being one that has no physical impact of any kind.

Even though no murder occurred at O J Simpson's house in Brentwood, California. It was torn down after it was sold and a new home was built in its place.



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[RANCH]

That is incorrect. LE is not in possession of the firearms at this time. Here is the list of seized items from the house:

Baites # 29604

If MS gets out on bail, he will have to turn over firearms and his passport:

'If Mark Sievers does get out of jail, Duryea order that his travel should be limited. The judge also ordered Mark Sievers to turn over his passport and firearms.'

http://www.news-press.com/story/news/crime/2016/02/27/mark-sievers-bond-set-443-million/81028816/

-Nin

Are you sure that LE is not in possession of the guns? The property list is dated 6/29-7/2/15 so it's not from after Mark's arrest.

The quote from the bond hearing mentions a limitation on travel if he's released. The judge also ordered MS to turn over his passport and firearms. It doesn't say only if he gets out on bond. If he gets out on bond and he still has access to his passport and guns, without turning them in as instructed, who knows what could happen.

That's how I understand what the judge ordered. Maybe I'm wrong.

JMO

 

[No it's not]

Are you sure that LE is not in possession of the guns? The property list is dated 6/29-7/2/15 so it's not from after Mark's arrest.

The quote from the bond hearing mentions a limitation on travel if he's released. The judge also ordered MS to turn over his passport and firearms. It doesn't say only if he gets out on bond. If he gets out on bond and he still has access to his passport and guns, without turning them in as instructed, who knows what could happen.

That's how I understand what the judge ordered. Maybe I'm wrong.

JMO

Ranch, I cannot see any legal grounds on why he would have had to turn over the firearms and his passport upon his arrest. He is innocent until proven guilty.

The NDN also mentions in their article that 'Should he post bond, Sievers will be required to surrender his firearms and travel documents. He will not be permitted to travel outside of the court district, the judge said.'

http://www.naplesnews.com/news/crim...015e9-b2db-6c6e-e053-0100007fd-370363661.html

-Nin

 

[RANCH]

Ranch, I cannot see any legal grounds on why he would have had to turn over the firearms and his passport upon his arrest. He is innocent until proven guilty.

The NDN also mentions in their article that 'Should he post bond, Sievers will be required to surrender his firearms and travel documents. He will not be permitted to travel outside of the court district, the judge said.'

http://www.naplesnews.com/news/crim...015e9-b2db-6c6e-e053-0100007fd-370363661.html

-Nin

If he get's out on bond he hasn't been convicted yet either so what would be the legal grounds to order him to turn over the passport and guns in that situation?

 

[No it's not]

If he get's out on bond he hasn't been convicted yet either so what would be the legal grounds to order him to turn over the passport and guns in that situation?

Release conditions from jail (after arraignment) can include bail and no possession of firearms among else. I have see that often. I am sure AZLawyer or creepingskills (where are you?) can shed some light on it.

-Nin

 

[RANCH]

Release conditions from jail (after arraignment) can include bail and no possession of firearms among else. I have see that often. I am sure AZLawyer or creepingskills (where are you?) can shed some light on it.

-Nin

Only on release. Interesting. What keeps the suspect from using his passport and or guns to flee or harm someone instead of turning them in?

 

[No it's not]

Only on release. Interesting. What keeps the suspect from using his passport and or guns to flee or harm someone instead of turning them in?

Honesty..?

-Nin :thinking:

 

[ATasteOfHoney]

Interesting. Just the opposite here in California where sellers and their agents have to disclose all physical conditions known to them that might affect a properties value as well as "stigmatizing" factors such as murder, suicide, and other deaths. Proximity to registered sex offenders, hauntings, and other paranormal activity must also be disclosed if known by the seller or agent.

The National Association of Realtors defines "stigmatized property" as that which has been "psychologically impacted by at event, which occurred or was suspected to have occurred on the property, such an event being one that has no physical impact of any kind.

Even though no murder occurred at O J Simpson's house in Brentwood, California. It was torn down after it was sold and a new home was built in its place.



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I'm not agreeing or disagreeing with you debbiegarcia but I just want to point out that each State's law sets the president for "stigmatization" in real estate and it can be a slippery slope. Sometimes even rumors or gossip spread could subject a property to "stigmatization" & lower a house value--maybe done nefariously to manipulate a sale or a reduced price, if you know what I mean? One man's stigma could be another man's opportunity.
Also, some people would feel that any death that occurred at home would impact the property; even some diseases like HIV or SIDS may be viewed as "stigmatizing" to some if the previous occupants suffered from such diseases. Others may claim that if a previous owner did not disclose "ghosts" or anonymous scary letters sent (as in the case in the Westfield "hoax" litigation in NJ) is considered a "stigmatizing" situation so the laws had it difficult to define where to draw the line. Point being; "stigmatization" and a dwellings true physical & real property is not exclusively the same so FL enacted their own laws which trumps the **organization** called the National Association of Realtors. The NAR is a voluntary organization with dues-- it is not mandatory to belong to it if you're a realtor or broker.
FL decided upon disclosure law that went with anything physical about the property itself. Each State is different. It goes back to buyer beware--do your research & if you feel the owner's history would negatively impact you living there; don't buy the property.

Moo

 

[RANCH]

Honesty..?

-Nin :thinking:

I honestly don't understand why it's not possible that the judge ordered Mark to turn over his passport and firearms. It makes more sense to me than to allow him access to those things if he is released on bond, hoping he does as ordered.

You mentioned a common condition for release is to not be in possession of firearms. That's so the defendant can't have access to someones guns who he may be staying with while out on bond. It's not just about guns that the defendant owns.

I admit I may be wrong. Just posting my thoughts.

 

[debbiegarcia36]

I'm not agreeing or disagreeing with you debbiegarcia but I just want to point out that each State's law sets the president for "stigmatization" in real estate and it can be a slippery slope. Sometimes even rumors or gossip spread could subject a property to "stigmatization" & lower a house value--maybe done nefariously to manipulate a sale or a reduced price, if you know what I mean? One man's stigma could be another man's opportunity.
Also, some people would feel that any death that occurred at home would impact the property; even some diseases like HIV or SIDS may be viewed as "stigmatizing" to some if the previous occupants suffered from such diseases. Others may claim that if a previous owner did not disclose "ghosts" or anonymous scary letters sent (as in the case in the Westfield "hoax" litigation in NJ) is considered a "stigmatizing" situation so the laws had it difficult to define where to draw the line. Point being; "stigmatization" and a dwellings true physical & real property is not exclusively the same so FL enacted their own laws which trumps the **organization** called the National Association of Realtors. The NAR is a voluntary organization with dues-- it is not mandatory to belong to it if you're a realtor or broker.
FL decided upon disclosure law that went with anything physical about the property itself. Each State is different. It goes back to buyer beware--do your research & if you feel the owner's history would negatively impact you living there; don't buy the property.

Moo

No worries. I am a realtor in California and I Just wanted to share what some of the disclosure laws are in California in comparison to Florida, i.e. sellers must disclose a death of any type that occurred on the property within the last three years. However if someone died of AIDS, the seller does not have to disclose that. There's more but I'm on my cell and I can't provide a link.

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