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Sentencing delayed in case of lost home
Judge wants to see some effort to pay restitution on the part of defendant Lynne Allen Rust
VICTORVILLE — A Victorville Superior Court judge struggled Friday to figure out the fate of an elderly couple who trusted a stranger with the deed to their house and is holding off sentencing until the defendant makes restitution.
Superior Court Judge Jules Fleuret told defendant Lynne Allen Rust that he was not prepared to sentence her until restitution is resolved.
He questioned Rust about what she had done with the money from the sale of her house and what money she had left to pay restitution to the victims.
Rust was charged with grand theft of property, forgery and other crimes in connection with an elderly couple who signed over the deed to their home to Rust.
Then in July, Rust pleaded guilty to theft from elder or dependent adults, obtaining money or property by false pretenses and related charges as part of a plea bargain agreement, according to court documents.
William and Nancy Burns signed over the deed to their home to Rust when they fell behind in their payments in hopes she would help them out of their financial difficulties, according to investigators. Instead, Rust allegedly took out a loan on the house for $168,000 to pay off her own bills.
On Friday Rust told the judge she made $40,000 on the sale of her house and she used the money to pay off her own bills, not make restitution.
"That doesn't impress me," the judge said.
The couple said they had not received any of the restitution money agreed to in the plea bargain. They continue to live in their former house in the 14300 block of Emerald Road in Victorville and pay rent to Rust.
Rust told the judge that she made $2,000 in payments on the Burns' former home. She said $168,000 is still owed on the house.
Rust started to tell the judge about her own financial problems, but the judge said he was "not too sympathetic."
"You brought this thing on yourself and on them," the judge said.
Rust said she tried to sell the house on Emerald Road. In accordance with the plea agreement, she was supposed to pay half of the balance from the funds received from the sale to the couple, pay the existing liens and pay them another $68,682 in cash, according to court documents.
The state agreed to drop all charges except for obtaining money, labor or property by false pretenses if restitution was made.
The agreement also included a 60-day jail sentence and three years on probation.
Rust said she had tried twice to sell the house but the couple's children would not allow real estate agents to show the house.
She said the house was appraised at $234,000.
William Burns told the judge he wants the house to be put back in his name and knows of a federal mortgage program under which he would qualify for a reverse mortgage.
The judge reminded Burns there is still the matter of the lender trying to foreclose on a $168,000 loan on the house. He questioned Burns about the mortgage company and asked for the company's card. He warned Burns to be careful and get the help of an attorney.
The judge told the couple they have one asset about to go into foreclosure and they need to do whatever is necessary to avoid forfeiting the house. Once the notice of default is recorded, after 120 days, "then that's the end," the judge said.
Then he warned Rust not to take any action with respect to the house unless the Burnses approved, and made it a condition of the defendant's release.
After the hearing Burns still said, "Getting my property back is the right way to go."
Burn's nephew, Carlos Lopez, said he believes Rust has some money left and he intends to find out.
Rust declined to comment on the case.
The sentencing hearing was continued to Oct. 21 in Department 6 of the Victorville Superior Court.
Source: Daily Press
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