• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

Mother of dead home invading teen suing Jeffrey Lovell from Chicopee

Reptile

Reptile

NES Member
Joined
Dec 13, 2006
Messages
28,006
Likes
20,273
Feedback: 123 / 0 / 0
Mother of Dylan Francisco, teen mistaken for a burglar and shot in Chicopee, files wrongful death lawsuit against homeowner Jeffery Lovell

SPRINGFIELD — The mother of a teen fatally shot in Chicopee has filed a lawsuit against the man acquitted of manslaughter in her son’s death.

The wrongful death suit was filed July 8 in Hampden Superior Court against Jeffrey Lovell and his wife Michele Lovell.

Heather Francisco, representing Dylan Francisco’s estate, is seeking $750,000 in damages.

Hampden Superior Court Judge Constance M. Sweeney in January 2018 found Jeffrey Lovell not guilty of manslaughter in the fatal shooting of Dylan Francisco, a 15-year-old whom Lovell testified he believed was a burglar.

Chicopee man sued over fatal shooting of teen mistaken for burglar

Background...

Jeffrey Lovell: fatal Chicopee shooting - indicted for manslaughter

Chicopee homeowner found not guilty in teen’s shooting death
 
308rifleman said:
I hope for his sake that he filed homestead declaration with the registry of deeds to protect the equity in his house. If he loses and doesn't have a homestead filed, the sheriff will seize his house and sell it at auction.
Click to expand...

MA altered Homestead act rules a few years back. Now, even if you don't file, you're still covered for $125k. Not sure what would happen here though if he lost and didn't formally file though.
 
greencobra said:
what is this homestead act you guys speak of? sounds like a good thing.
Click to expand...

It is a simple document you file with the Registry of Deeds that declares XYZ property as your "Homestead", thus enacting MA's Homestead Act provision to protect your home from unsecured creditors. For instance, this would prevent, say, a defaulted car loan from being able to bring you to court to force a home sale in order to reclaim money. This does not, however, protect your from your own mortgage company or the City you reside in due to tax or municipal liens.
 
Radtekk said:
Is the Homestead Act a MA thing? Or something I should look for/at in TN?
Click to expand...

Almost every state has one. You should look into it. Protects your home or a portion of the value thereof as an asset in many instances where it otherwise could be seized and liquidated as part of bankruptcy, legal judgement, etc.

TN's is here:
What Are the Homestead Rights on Land in Tennessee?

Not as comprehensive as MA's but it still affords some protections which are worth filing for.
 
Waher said:
Almost every state has one. You should look into it. Protects your home or a portion of the value thereof as an asset in many instances where it otherwise could be seized and liquidated as part of bankruptcy, legal judgement, etc.

TN's is here:
What Are the Homestead Rights on Land in Tennessee?

Not as comprehensive as MA's but it still affords some protections which are worth filing for.
Click to expand...
Alabama homestead is not with a flying f**ck! Establish an irrevocable trust and it will also protect you and your family home against Medicare estate recovery. State homestead laws will not protect you, your spouse and your heirs against Medicare claims. Establish an irrevocable trust with your kids as beneficiaries. But make damned sure to maintain a lifetime estate in the trust language. You don't want one of your ambitious kids or their equally ambitious spouse to cash in your chips and put you out in the street or in a nursing home.
 
Pretty sure people can't force you out of your own home on a lawsuit. They can take the $ when you sell, but IIRC you have a right to live in your property provided you are current with your payments. A lawsuit attachment isn't a payment.

At least IIRC.
 
OJ was found not guilty and in the wrongful death suet he lost everything including his rings. This stuff is left up to a jury and in liberal MA this guy will most likely lose. The other thing is his Home Owners Insurance may not cover this. A wrongful death suet has nothing to do with if he was breaking the law or being a threat to the home owner. The other thing is this kid never actually broke into the house he was still outside a locked door when he was shot and the window he broke was way too small to get through. It doesn't matter if you were found not guilty the burden of proof in this kind of suet is very different.
 
Realtor told us (sort of, still didnt know what it was really), RE attorney already had the papers to sign going into the closing (I think). No request made our part but very good to know
 
308rifleman said:
I hope for his sake that he filed homestead declaration with the registry of deeds to protect the equity in his house. If he loses and doesn't have a homestead filed, the sheriff will seize his house and sell it at auction.
Click to expand...
I just read up on Homestead Law in Mass.
If you own a home in Mass and don't have this, your real estate agent should be fired.
Other states may differ.
In Mass though, you have covered for $500,000.

I don't know if Mr. Lovell has a homestead.
I can only hope his lawyer from the criminal case told him to get one.

If he does not have one, can he file now?
Is there a look back period?

If parents trust their kids, they should transfer ownership to their homes to the kids. (Assuming you kids are not irresponsible or have certain vulnerabilities)
I know there is a look back period, but if a parent does not do so before they end up in a nursing home - the kids wont inherit anything.

Medicare will take it all.

Don't think you'll never end up in a nursing home. Unless you can afford round the clock care, you will. Assuming you are lucky enough to get that old in the first place and you don't drop dead.

It may only be for the last few months of your life. But, the nursing home will take all you have left including your house at the rates they charge.


Going back to Mr. Lovell...

As far as I can tell, he is not rich.
If he loses the civil case here, how would the home invaders mother and her lawyer collect?

Could they garnish his wages?

OJ was a millionaire and he hasn't paid a dime to the Goldmans.

How can mother of the year collect from Mr. Lovell?
 
Reptile said:
I just read up on Homestead Law in Mass.
If you own a home in Mass and don't have this, your real estate agent should be fired.
Other states may differ.
In Mass though, you have covered for $500,000.

I don't know if Mr. Lovell has a homestead.
I can only hope his lawyer from the criminal case told him to get one.

If he does not have one, can he file now?
Is there a look back period?

If parents trust their kids, they should transfer ownership to their homes to the kids. (Assuming you kids are not irresponsible or have certain vulnerabilities)
I know there is a look back period, but if a parent does not do so before they end up in a nursing home - the kids wont inherit anything.

Medicare will take it all.

Don't think you'll never end up in a nursing home. Unless you can afford round the clock care, you will. Assuming you are lucky enough to get that old in the first place and you don't drop dead.

It may only be for the last few months of your life. But, the nursing home will take all you have left including your house at the rates they charge.


Going back to Mr. Lovell...

As far as I can tell, he is not rich.
If he loses the civil case here, how would the home invaders mother and her lawyer collect?

Could they garnish his wages?

OJ was a millionaire and he hasn't paid a dime to the Goldmans.

How can mother of the year collect from Mr. Lovell?
Click to expand...

Where it’s a civil trial, hopefully Mr Lovell can talk at length about the background and criminal records of the three who tried to break his kitchen door down in the middle of the night, and can get a judge or jury if his peers with some sense.

Good point about transferring ownership of the house if the situation allows it - the Homestead Act In MA does not protect the home from Medicaid- from the Norfolk County Registrar of Deeds website below (but basically, if you own a home, spend a couple hundred bucks and get real legal advice from an actual attorney to protect your couple-hundred-thousand-dollar home now that we know about/have been reminded about it)

10. Will my Homestead protect my home from being taken if I go into a nursing home? No. A lien imposed by the Office of Medicaid as a result of payment for Medicaid benefits, is a governmental lien and is exempt from Homestead protection.
 
CAR said:
Where it’s a civil trial, hopefully Mr Lovell can talk at length about the background and criminal records of the three who tried to break his kitchen door down in the middle of the night, and can get a judge or jury if his peers with some sense.

Good point about transferring ownership of the house if the situation allows it - the Homestead Act In MA does not protect the home from Medicaid- from the Norfolk County Registrar of Deeds website below (but basically, if you own a home, spend a couple hundred bucks and get real legal advice from an actual attorney to protect your couple-hundred-thousand-dollar home now that we know about/have been reminded about it)

10. Will my Homestead protect my home from being taken if I go into a nursing home? No. A lien imposed by the Office of Medicaid as a result of payment for Medicaid benefits, is a governmental lien and is exempt from Homestead protection.
Click to expand...
In that case you better transfer the house to a kid. I think there is a lookback period, too.
 
pupchow said:
I'd file a countersuit.
Click to expand...
You would be very unlikely to get contingency fee counsel for that. Are you prepared to shell out $50k or so of your own cash to press that point?
In that case you better transfer the house to a kid. I think there is a lookback period, too.
Click to expand...
Five year lookback on Medicaid. Any check or transaction over $1000 is examined in detail (I've seen it happen).

Getting the transfer reversed as a fraudulent conveyance will take another court action, and things get real tricky if the convee has taken out a large equity loan and the loan money is no where to be found. I don't think getting the transfer declared fraudulent in anticipation of a judgment would trump the senior rights of the mortgage holder.
 
Reptile said:
As far as I can tell, he is not rich.
If he loses the civil case here, how would the home invaders mother and her lawyer collect?

Could they garnish his wages?

OJ was a millionaire and he hasn't paid a dime to the Goldmans.

How can mother of the year collect from Mr. Lovell?
Click to expand...


I'm pretty sure she will never see a dime even if she wins. As far as I know, only the government and banks can directly steal your money. Neither is the plaintiff here, so I believe all she could do is keep taking him to court.

Hopefully mother of the year gets slapped down. There really should be civil protections against this type of shit.
 
Homesteads, even mature ones, done 5+ years previous are not guaranteed. My last lawyer (yes the one who didn’t read the filings by the opposition, default agreed with the opposition and made me prove everything) told me if I lost, they could file to pierce the Homestead - so it can be done, but never got that far.
 
This 15 year old had bad intentions, was not an innocent bystander by any means
Hanging with the wrong crowd
Decent parents notice these things and try to direct their crotch fruit in the right direction
That’s the “Parents” job
I wonder if the parents were doing their job?
I guess they are involved now, Ahhhhh the smell of money
 

Similar threads

Chicago police officer shot dead and has car taken during commute home: Officials
Replies
1
Views
164
gerrycaruso
gerrycaruso
SD shooting in Chicopee, MA
Replies
1
Views
211
VTski4x4
VTski4x4
Tennessee mother accidentally shot, killed teen daughter while rummaging in purse for keys
Replies
17
Views
464
Tinkermatic
Tinkermatic
Amber Alert Chicopee
2
Replies
42
Views
748
Garys
Garys
NYC man screaming about knife, holding mother in chokehold shot dead on NYPD bodycam
Replies
3
Views
177
Dadstoys
Dadstoys
Back
Top Bottom