TAMPA, Fla. (WFLA)— A Tampa woman disputing the loss of her homestead rights has asked the state to investigate the judges involved in her case that has been ongoing for about a decade.
Neighbors in the multi-million-dollar South Tampa neighborhood where Terri Gaffney’s disputed property is might wonder why the South Clark home has been vacant for years in a red hot real estate market.
The brick, Cape Cod style home has been mired in a court case dating back a decade, and in a dispute that is even older than that.
Gaffney claims she had legal homestead rights after buying it for $300,000 in connection with a life estate involving her late father.
But a Hillsborough County judge ruled the acquisition was fraudulent and in 2017, attorney Michael Kangas and his now late law partner Phillip Bauman were awarded possession after attaching what is now a $336,000 legal fee to the home.
Gaffney and her attorney James Macchitelli insist the legal fees are owed by her sister, the home was not transferred to her fraudulently and they said it is unconstitutional to attach a debt to someone’s homestead property.
“When a creditor comes to collect a bill, you cannot collect it against a homestead estate,” Macchitelli said. “The court cannot take that property especially since Teresa and her family lived in that home.”
Macchitelli sent an email to Gov. Ron DeSantis, asking his office for “an immediate investigation” of the Hillsborough County judges involved in the case.
“The time has exceeded and gone long because the court refuses to look at what it’s supposed to look at,” Macchitelli said. “Did the first judge take homestead property against the Florida constitution?”
Thirteenth Judicial Circuit Public Information Officer Mike Moore has not yet responded to questions about Macchitelli’s request for an outside investigation. In past inquiries, Moore has cited a statute that he said does not permit comment about ongoing cases.
Kangas has turned down multiple requests for comment.
During a recent hearing, he argued the issue has already been decided, telling the court the “motion about the homestead has been ruled on ad nauseum by this court and the Second District Court of Appeal.”
Kangas also sharply criticized Gaffney for not cooperating with court orders.
Gaffney claims she has never had her day in court on why her homestead rights were stripped.
“They refuse to let us have a hearing on it,” she said.
Gaffney and Macchitelli said this case could set a precedent that would impact other homestead claims.
“The public’s got to know if the government can do what it chooses with whomever it chooses, this can impact anyone,” Macchitelli said. “That is why this case is so important.”
