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Tampa councilman fighting foreclosure

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By CHRISTIAN M. WADE cwade@tampatrib.com

The Tampa Tribune

Published: October 30, 2009

TAMPA - He was forced to shut down his hair salon business after filing for bankruptcy protection. Creditors are still chasing after him for unpaid bills. Now the bank that holds the mortgage to the New Tampa house where he lives is foreclosing on the property.

But embattled Tampa City Councilman Joseph Caetano isn't going down without a fight.

Facing the possibility of losing his home, Caetano has filed a motion to dismiss the foreclosure proceedings, alleging among other things that ING Bank didn't provide him with adequate notice and that the bank is not the same lender listed on the mortgage.

Documents filed in Hillsborough County Circuit Court show Caetano owes $267,960 on the mortgage, including loan principal and unpaid interest. County records show that he still owes $11,254 in unpaid property taxes, which have been delinquent since April 1.

Caetano did not return several phone calls seeking comment.

Previously, the first-term councilman attributed his financial problems to the economic recession and the demands of juggling his business and the affairs of government.

Caetano, 75, also faces foreclosure on a house in the Grand Hampton subdivision that he bought for $263,300 in 2007. A few months ago, he lost a condominium he owned in Equestrian Parc Highwoods Preserve, after defaulting on the $140,000 mortgage.

He is also seeking to dismiss foreclosure proceedings on the Grand Hampton property.

In both cases, Caetano's attorney Joseph Kalish argues the lenders didn't attach a copy of the original mortgage note or provide proof that they have a legal right to foreclose.
Filing a motion to dismiss can buy a homeowner more time because it puts the process on hold while a judge reviews the case, said Ralph Fisher, a Lutz-based lawyer who represents homeowners in foreclosure cases but is not involved in the Caetano case.

In some cases, the tactics are even successful in stopping the foreclosure action.

"These are great defenses," said Fisher, who holds seminars for homeowners and other lawyers on fighting foreclosures. "He just bought himself another year, at least."

Last year, Caetano filed bankruptcy for his Tampa Palms Bostonian Hair Studio & Day Spa. Documents filed in federal court show his business had outstanding debt between $100,000 and $500,000 with assets less than $50,000. He closed the salon in April.

Money problems also forced Caetano - who two years ago reported a net worth of about $1.6 million - to sell another salon and a coffee shop, Java Joe's, in City Plaza.

The Boston native also has been embroiled in a legal battle over $4,800 in unpaid bills with Comfort Keepers, which cared for his ailing wife. In January, a Hillsborough County circuit judge ordered him to pay the bill. Comfort Keepers said Caetano hasn't paid.

He also owes Yellow Book $6,262 in business-related advertising services, according to Hillsborough court records.

Caetano is seeking re-election in 2011. Council members are paid $40,000 a year.

Reporter Christian M. Wade can be reached at (813) 259-7679

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