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Hubbard police investigate ex-lawyer from Canfield
HUBBARD
Police are investigating a former lawyer who used to own a real- estate title company in the city over five allegations that he failed to perform services for which he got paid.
Richard James LaCivita, 65, who lives on Tippecanoe Place in Canfield, operated Associated Land Title at 973 W. Liberty St.
LaCivita could not be reached Thursday. A call to his attorney, John Juhasz, was not returned.
One case involves a couple named Richard and Donna Rose of Creed Avenue in Hubbard. Their case also appears in an Ohio Supreme Court docket regarding LaCivita’s resignation of his law practice.
The Supreme Court accepted his resignation Nov. 26, 2012, after it received a sealed disciplinary report.
When he surrendered his law license, LaCivita also was not allowed to handle real-estate transactions, according to court documents. Nevertheless, he kept his title company open until late fall 2013.
Court documents say that in July 2013, the Roses went to LaCivita for a real-estate closing. They did not know he had resigned from his law practice and that he had lost his right to act as an agent to issue title insurance.
Mrs. Rose paid $69,180 to his title company. As part of the closing, LaCivita notarized the deed, even though his notary commission was revoked.
LaCivita was supposed to pay off two mortgages on the property, but he didn’t do it, according to court documents. He finally paid back money for a $39,975 mortgage directly to Mrs. Rose in October, but has yet to pay $27,000 for the second. Mrs. Rose paid the mortgage herself to satisfy the lien, documents say.
The court found him in contempt March 17 for continuing to do title work after surrendering his law license and ordered him to pay $27,000 in restitution to Mrs. Rose.
He was given until May 16 to pay her, but he did not. The court filed an order to show why he should not be held in contempt July 1. He answered July 21 that he does not have money to pay her and is not able to work or borrow money. He said she may be entitled to reimbursement from the Clients’ Security Fund.
On July 28, the court ordered the matter held in abeyance until the Clients’ Security Fund makes a determination regarding Mrs. Rose’s claim.
Richard Rose complained to city police Sept. 27, 2013, shortly after discovering the mortgages had not been paid off.
The first of the five cases was reported to the department April 4, 2013, said Detective Sgt. David Oaks, who is investigating them. LaCivita was to help a couple who was refinancing their home. A company called American Financial Resources paid off their home, sent LaCivita a check for $172,561, and he was to send the money to Bank of America. He was supposed to perform the transaction in November 2012.
On Jan. 16, 2013, the couple received a letter from Bank of America that their home was in foreclosure, a Hubbard police report says.
They confronted LaCivita, who said he sent the check. He presented a check that it was sent out on Jan. 16, several months after it should have been, the report says. Bank of America told them several days later the check bounced, the report says.
On Oct. 22, 2013, a man told police he paid LaCivita $6,250 for a land purchase, $250 for attorney fees and $250 for a property survey. He said LaCivita promised to “get the ball rolling ASAP.” But every time he tried to ask LaCivita for the deed, he got excuses, the report says.
Another complaint reported June 30 alleges $15,000 was stolen from an escrow account.
The latest allegation, reported Sunday, is the theft of $4,000 that was supposed to be placed in an escrow account for a sewer connection.