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From the Metro staff at The Boston Globe

Foreclosure averted for girls who survived Norton shootings

December 2, 2008 03:38 PM Email| Comments (52)| Text size +

Cann-Sisters.jpg
(Jonathan Wiggs/ Globe Staff/file)

Brittany and Danielle Cann in January 2008 as they recovered from their injuries.

By Irene Sege, Globe Staff

Two teenage girls who were shot in the head and left for dead last year faced possible eviction from the house their family is renting, but the threat lifted this afternoon when an auction of the house was postponed.

Danielle and Brittany Cann have been living with their blended family in an old farmhouse they rent in Easton since being released from the hospital late last year, after their mother's boyfriend shot them in the head in their Norton home. Their mother died in the attack.

Now the house -- where the sisters live with their father, stepmother, sister, stepsister, and two half-brothers -- is in foreclosure and was scheduled to be auctioned today. The auction has been delayed until Jan. 13.

The girls' stepmother, Melissa Cann, had spent this morning scouring real estate ads for another place to live.

The family learned of the impending auction last night from a friend who had seen a story in a local newspaper. "We had no idea," Melissa Cann said this morning in a telephone interview. The Canns had learned in October that the house was for sale but had been told it would probably not be sold until the spring or early summer, Cann said.

"We're just going to wait to see what happens," she said this morning before the auction was postponed. "If in fact it does get auctioned, then we find out how long we have to move. I really don't know where we're going to move. We didn't feel pressed to start looking seriously because we thought we had until the spring or summer. After the holidays, we were going to look."

"I was just starting to look on the computer to see what's available," she said. "If it has to be something fast I don't know how we'll find something. It might have to be an apartment. The last thing we want to do is move out of Easton and uproot the kids, but if that's our last option we will."

Danielle, 17, and stepsister Erica Smart, 15, are cheerleaders at Oliver Ames High School in Easton. Brittany, 14, expects to start playing recreation league basketball this weekend and will play the Wicked Witch of the West in a Norton Youth Theater production of "The Wizard of Oz" later this month. Amanda Cann, 18, who was out of town on the night of Aug. 26, 2007, when the shootings occurred, manages the lacrosse and wrestling teams at Southeastern Regional Technical Vocational High School in Easton and is applying to college.

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52 comments so far...
  1. I'm really glad to hear that Danielle and Brittany are ok. It sounds like they are doing great considering the awful events they went through. But why is the foreclosure the news? Is their father on life support? Come on, man get off your butt and find a home for your family. That's what we all do.

    Posted by glambake December 2, 08 01:29 PM
  1. I REALLY wish I could do something for them!

    Posted by Fox December 2, 08 01:53 PM
  1. Price we pay for living in this "Poor Me" state.

    Posted by Rob December 2, 08 02:05 PM
  1. Read the article again glambake. The landlord did not tell them it was up for foreclosure. They are looking for another place.

    Posted by Readthearticle! December 2, 08 02:05 PM
  1. I too am glad to hear the girls are doing well, and the new family seems to be adjusting as well. Times are tough for everyone, but to have lost a mother, have to be uprooted from your home town (Norton) during very critical ages for girls, I empathize with the situation. I hope the home does not sell now, and I also hope that there is something the community can do to help this family. Come on, it's Christmas - Norton is a very small town, and one that helps one another. Easton has welcomed these girls into the school system, and the coummunity needs to come to their aid.

    Posted by sonya December 2, 08 02:22 PM
  1. The family is renting the house, unless the landlord told them they wouldn't know. Shame on him!! He should be responsible for moving costs for the family.

    Posted by Sue December 2, 08 02:25 PM
  1. It's time for Dad and the step Mom to step up to the plate to not become homeless and not use the press for a hand-out.

    Posted by alicex3000 December 2, 08 02:28 PM
  1. weren't the two girls victims of a violent crime?
    the state has funding for victims of violent crimes..
    2 girls shot and the death of there mom....
    Mybe there's money to buy the house.

    Posted by slm December 2, 08 02:44 PM
  1. Dear Glambake,
    Yes, Danielle and Brittany and Amanda, and Curtis, and Erica, and Adam are all doing good. The foreclosure is the news, because we have been paying our rent on time every month, figuring that we were safe. We would like people to know that this was going on. We do not think it is fair that these landlords can take our rent and not pay the mortgage with the rent we pay. Where did that money go? By the way we are off of our butts looking for a new place. Why do you feel the need to comment on what we are doing here?

    Posted by Cann;s December 2, 08 02:46 PM
  1. Hey there Alice, we are not looking for a hand out at all. We just want people to know what happened here. Our landlord took our rent for the past 3-4 months and did not pay the mortgage and now we are faced with this. I do not want a hand-out from anyone. By the way I (step-mom) and Wayne have always stepped up to the plate. We have taken care of these girls since the beginning of this awful tragedy, which people seem to be forgetting. Also, we DID NOT CALL ANY PRESS, people who actually care about us did it. Why are you so against the parents?

    Posted by Melissa Cann December 2, 08 02:51 PM
  1. Dear SLM,

    Yes the 2 girls were victims of a heinous crime. Yes, the state has funding, but they DO NOT qualify because of other funds that are being controlled by a Trust. The girls cannot have money out of that fund nor can the parents, because it was set up to only be used for Education and medical expense. Not a lot of people who donated $ for them know this. They can get their $ at 25yrs of age. On paper we have "too many assets" to receive any help from this state. The assets are the monies being held for the girls.

    Posted by Melissa Cann December 2, 08 02:57 PM
  1. Obviously, people need to get off of their butts and go back to school to learn how to read. Shame on this landlord! This father and stepmother are supporting their children. I wish only good things for all of you.

    Posted by M December 2, 08 03:16 PM
  1. Obviously Glambake is the type of person who opens his/her mouth without thinking. Make sure you fully read and understand an article before you comment on it. Best wishes and Happy Holidays to the Cann's.

    Posted by vmk December 2, 08 03:19 PM
  1. To the Cann's,
    Please pay no attention to the people who usually post on the sites. They are lonely people who have no lifes other than to attack people from the safety of being behind a keyboard. If ever confronted in person these people would curl up and cry! You need not explain yourselves to anyone. This same thing happened to my daughter, her landlord did not tell her either. Good luck to you all.

    Posted by dfl December 2, 08 03:22 PM
  1. Glambake,
    If you have the issues with this family that is one thing, but this is NOT the forum to use. This article is about an act that this family could not control and not about other actions this family may have or may not have taken in your eyes.

    Posted by Fontaine December 2, 08 03:33 PM
  1. for all of you who feel that we are undeserving of anything, We dont expect much although if the monies that were donated to the Cann family actually made it to the cann family. We are all victims here my daughters witnessed their mothers brutal murder. and live with those memories so until any of you with unfavorable opinions see what a day in our life consists of you should probably just keep tour thoughts to yourself . not that II feel the need to even address these ridiculous comments but those of you who take no part in our lives dont have a clue what it entails. Things are not running as usual here . .

    tttthemmmmmmmmmmmmmmmmtheirttlives arenowhere

    Posted by wayne cann December 2, 08 03:38 PM
  1. My thoughts and prayers are with all of you. I wish I could do more...

    Posted by M. Houston December 2, 08 03:50 PM
  1. Eviction of tenants living in foreclosed properties is not permissible under Massachusetts law. Their rental contract survives foreclosure and is tranferred to the new owner. They can be evicted when the auction/sale is complete AND the new owners move in.... until then they are tenants under contract or at will.

    Posted by Cujo December 2, 08 03:59 PM
  1. Can landlords be sued when they go into foreclosure and not immediately notify their tenants? Not talking about warnings of liens, warnings of foreclosure, but when the taking of the house is a definite. Is there some Mass. law that protects the tenants?

    Good luck to the Canns. I was two steps away from foreclosure, got away from it in the nick of time, but it's a really scary thing to havea child (or children) and face this crisis. Not the Canns' fault at all. Also, just because the stepmother speaks for the family, doesn't mean the father isn't helping. Typically there's one family spokesp[erson, and Ms.Cann seems it.

    Posted by reindeergirl December 2, 08 04:04 PM
  1. Good luck to the Cann family.
    For shame, Glambake and the other hard-hearted posters. You make the world a harsher place. Keep your meanness to yourself. It's terrible how you made Melissa and Wayne Cann feel so wrongly criticized that they felt obliged to reply to your accusations.

    Posted by graycliffer December 2, 08 04:09 PM
  1. This is happening across the state to hundreds of tenants whose landlords are facing foreclosure. It is now one of the leading causes of eviction in the state. Unlike any other sale or transfer of property, leases and rental agreements do not survive a foreclosure, forcing tenants into immediate termination of their leases. Banks are not interested in becoming landlords and properties tend to sell better empty. This happens even if the tenants are paying rent on time. It is a disaster for the neighborhood as well as now they are left with an abandoned building until the property is sold. I hope that articles like this will help not only the Canns but all the other families in the same boat through no fault of their own.

    Posted by Ritan1 December 2, 08 04:09 PM
  1. I remember reading this article and seeing the picture above of the girls smiling after their horrendous incident. It's truly a gift that they can continue with their lives and go on to better days. I know a lot of people they will never meet that find them inspirational. Ignore the morons....

    Posted by Mike N December 2, 08 04:10 PM
  1. The family is in the plight of many--not poor enough, yet not rich enough either.

    When you pay your rent, you expect to not have a house sold/auctioned out from under you without notice. It is morally wrong for a landlord not to notify the tenants if he/she gets into financial trouble of this sort and foreclosure (or other sudden sale) looms.

    As for the donations that are being held in trust, they should be held as they are being held. That's the way the money was donated. Perhaps people should start a special fund to help them with a possible way to bid on the house that is being auctioned! It is always difficult to uproot kids, espcially teenagers--but doubly so for these two sisters who have already suffered so many losses.

    Good luck to the family! I hope they find a way to stay in the house or another place in town to move to so that they don't ahve to disrupt the family any more.

    Posted by Jenny Smith December 2, 08 04:12 PM
  1. Best wishes for the family... Hopefully they can find something quick that lets them stay in the community their girls seem to be so happy in. Hopefully some rental broker with a heart (or at least, wanting of publicity) will jump in with some free or affordable help!!! Finding a rental with a broker will be much easier and faster than looking yourself... also, many nicer places for rent (but still reasonable rent costs) won't be listed on places like Craigslist. Good luck.

    Posted by dietvanillacoke December 2, 08 04:13 PM
  1. I hope good things happen for this family who have been through so much. Happy Holidays to you!

    Posted by ibi-ubu December 2, 08 04:13 PM
  1. First and foremost - WOW. What sadness and horror these poor girls faced. The strength the family displayed to keep it all together is commendable. The article could have been written better. It could have been more clear that the LANDLORD did not notify them and that the Cann's were paying their rent on time. This family has sufferred enough without having people think they don't pay their bills and that is why they are losing their home. I hope they will prevail. My opinion is that this family is strong enough - but should get all the help they deserve

    Posted by Rick December 2, 08 04:18 PM
  1. It's not an uncommon occurence for landlords-in-foreclosure to not tell their tenants. This type of landlord should be ashamed of themselves.
    Maybe banks should send certifed (signature required) letters addressed to "Resident" at the address of the house being foreclosed on. Then if the house is a rental, the tenant would be notified. Banks just care about their bottom line.

    Posted by Patty B December 2, 08 04:21 PM
  1. alice/3000, perhaps you should have a real understanding of the situation
    before you spout your ill-formed opinions.

    Best of luck to the Cann family, one hopes things will not get worse...

    Posted by David December 2, 08 04:22 PM
  1. I believe that under Massachusetts law that when a rental property goes into foreclosure the bank and new owners MUST honor the lease the current tenant signed. If you lease was month to month, then yes, they can ask you to move. If not, then you should go find a lawyer. The bank must honor your lease and so must any new owner, as long as you are in violation of the lease. And I believe that if they wish to break your lease, then they legally must offer to pay your moving expenses.
    Please contact an attorney ASAP.

    Posted by Noel December 2, 08 04:24 PM
  1. Don't worry about the comments, Cann family- as others have said, people are sometimes quick to judge and act like idiots on message boards. The kids are obviously doing great and for that you all deserve a big round of applause. I hope it works out alright for you, and Happy Holidays. I only wish I had a spare house in Easton to offer!

    Big love!-

    Posted by dj BC December 2, 08 04:28 PM
  1. Cujo,

    That is not accurate. Under Massachusetts law, foreclosing owners are *not* required to honor leases signed by the former owner.Foreclosure is one of the only property transfers in which leases do not follow the property. Leases and rental agreements do not survive foreclosures, particularly if the lease does not pre-date the mortgage. It's a principle know as “first in time, first in right.”
    Notable exception is Section 8 leases.

    Posted by NancyG December 2, 08 04:31 PM
  1. From the Attorney General's website:
    Eviction
    Many lenders try to evict all tenants from a property immediately after a foreclosure sale, even if the tenants have paid their rent on time and have not violated any terms of their lease. According to a new state law (Chapter 206 of the Acts of 2007), tenants who live in a property that is foreclosed on are entitled to at least 30 days written notice if a lender wants them to vacate their apartment. Also, if a tenant receives state or federal rental subsidy, the terms of their rental agreement will not be affected by a foreclosure sale.

    Tenants who do not want to leave their apartments, after a lender gives proper notice, do not have to leave immediately. They have a right to a hearing in court. At the hearing, the court will determine how much time they will be allowed to vacate their apartment. Lenders may not force tenants to vacate an apartment against their wishes without court approval.

    If you are concerned about your current situation, there are legal resources available to you:

    MassLegalHelp
    MassLegalServices
    Additional Resources

    Posted by Noel December 2, 08 04:35 PM
  1. Best wishes to the Cann's and know that you are all in my prayers.

    Posted by yourmom December 2, 08 04:44 PM
  1. Wayne, Melissa Cann, the rest of the Cann family, I hope that peace and love fills your holiday season. It is nice to see that your children can smile despite being dealt a tough hand in life.

    Posted by Danny Smith December 2, 08 04:53 PM
  1. Saw a post on CraigsList for an apt in Norton - 3 bedroom with 1 extra room that could be used as a bedroom - business zoned at W. Main and Cottage St.
    Posting on craigslist is 934989877

    Posted by modmod December 2, 08 04:59 PM
  1. To the Cann's, may God be with you! I pray that everything works out for you! Shame on your Landlord, I hope you can take him to court and get money for first, last and security, which most likely you will need to get into an apartment. Believe in the Lord and you will make it! I know for a fact, when one door closes another one opens. Watch God move, you may have to get another apartment, but it will most likely be a good move. Everything happens for a reason! God bless you all!

    Posted by Cangel December 2, 08 05:04 PM
  1. to 'glambake well excusee them for trying to support their family of 9! dont you ever say something like get off your butt! Mr. Cann is doing all he can and so is Mrs.Cann. it's a blessing that Brittney and Danielle are alive and doing so well! Im glad they have god because god will take care of them and provide every thing they need.
    Best wishes to the Canns.

    Posted by Mikaela M December 2, 08 05:15 PM
  1. I think it is about time that the 2 major handlers of the funds raised via the many Cann Family Fund Raisers STEP UP! The Spence Family Beths mom controls the majority of the $$ another is controlled by a group based out of Mansfield. These monies were to be used "for the girls" at the appropriate time for colklege etc ..well handlers.. I don;t know about you but they won't be going to college living in the streets! TIME TO STEP UP and do something with the tens of thousands the local communities and it's people havce done. I am outraged knowing I gave as much as I could and your holding it like scrooge on Christmas.

    Posted by Mike December 2, 08 05:18 PM
  1. I'm sitting here in Florida reading an unbelievable article about one of my closest friends and their family situation. Firstly, I have known Wayne since we were kids and he has ALWAYS worked hard to support his family. If you have not walked in this family's shoes, then you shouldn't be talking. It amazes me the lack of compassion from some of you on here. I guess when you are not personally involved, it may be easy for you to throw factless garbage out through your computer. Unfortunately right now we are seeing this problem with investors all around the country. The equity they once had is now gone and they have decided to let their hinvestments go. I guess they think we should pay for their mistakes on their investments. Crazy. Wayne, Melissa and the girls, everything will work out for the best. Keep on smiling and doing what is right. You have taen on adversity and defeated it. This is just another bump that won't keep you ddown.

    Posted by Mitch December 2, 08 05:42 PM
  1. Just to clarify my point - leases and rental agreements are terminated with the foreclosure. But the new owners cannot just bounce tenants out. They still have to go through the eviction process. The problem for good tenants is that if they wait to do that, they'll have an eviction on their record even though they did nothing wrong. The law should be changed so that leases and rental agreements survive foreclosure.

    Posted by NancyG December 2, 08 05:46 PM
  1. I suppose it doesn't bear repeating, but the adults in this story did nothing wrong. They are renting from a person who is going into foreclosure. Which jeopardizes their home. These people did nothing wrong. They are renting from someone in financial trouble. I hope they find a new home soon.

    Posted by Smittybellle December 2, 08 06:12 PM
  1. To the family -
    Many of us wish you the best. Try to ignore the cruel people that make idiotic statements on these message boards.

    Posted by Thescientist27 December 2, 08 06:20 PM
  1. To the family -
    Many of us wish you the best. Try to ignore the cruel people that make idiotic statements on these message boards.

    Posted by Thescientist27 December 2, 08 06:20 PM
  1. Shame on those who feel the need to make those terrible comments. The article wasn't posted for ten minutes before "glambake" posted the very first one. This person must sit in front of the computer all day just googling the Cann's.

    To "glambake" get a life and stop obsessing over this family. Until you walk a mile in their shoes, keep your spiteful, hateful comments to yourself. Noone wants to hear it and the girls read this too, ever think of that???

    I wish the Cann family all the best and hope they can be safe in their home through the holidays.

    Posted by Stepmom123 December 2, 08 07:50 PM
  1. If the property goes through foreclosure, assuming the bank takes the property back, they most likely will offer what's called "Cash for Keys" (CFK) or "Relocation Assistance". Evictions are extremely expensive in Massachusetts and the banks are getting more and more aggressive with the CFK negotiations to avoid these lengthy and expensive eviction procedures. Consulting an attorney to understand your rights is always a good idea as well.

    Posted by InTheBiz December 2, 08 08:25 PM
  1. Hey Glambake, go read something like "Guide to unhappinesss" by Watzlawic, I think you'll see yourself there. Or Charles Dickens...

    What a tragedy, good luck to these people. I live in Germany, here the law says, if you are renting, you can't be evicted if the landlord goes belly up. The house just changes hands and then there are proper deadklines to be observed. Are the laws such in MA (I lived in the state for nigh 7 years) that tenants have to the burdens of the landlords? That seems auwfully 19th-century to me.

    I can hear the cries of "socialism" from all sides, but actually, it is a rather conservative system here that demands that people who wish to be landlords must take responsibility for their "business" and can't just slack off while collecting the rent. A rent is income and must be earned.

    Anyway.... good luck and merry Christmas.

    (I can't help adding: It's not guns that kill people, it's people with guns who can easily dispatch people... I know why I am living abroad.)

    Posted by Criticabroad December 3, 08 03:47 AM
  1. I know her in real life, she's a really cool kid (Danielle that is). I actually go to her school and live pretty close to her. Sucks what's happening to them, just hope everything goes well for them.

    Posted by Richter December 3, 08 03:07 PM
  1. As I am reading through these posts, something interesting comes to mind. As i feel deeply for this family and what they are going through, I wonder why this is news. Yes a tragedy occured but this home has not even been foreclosed on and the media makes it into a story. Even if it was foreclosed on why is it a story. It may have been wrong of the landlord not to notify the tenants of possible foreclosure but regardless if it is foreclosed on a new owner will take over and have to give the 30 days notice just as if the landlord had a buyer for the property they would give the same 30 day notice.

    Posted by Merryxmas December 3, 08 07:33 PM
  1. Additionally, why didn't the tenants take it to the media when their employer laid them off. Isn't that news. Wouldn't that be wrong to lay off someone who had been through such tragedy. Bottom line, I don't think the landlord or the employer were trying to intentionally hurt this family. Someitmes you have to look out for yourself first especially in times like thes. Best of luck to the Cann family.

    Posted by Merryxmas December 3, 08 07:35 PM
  1. If someone wanted to take over the mortgage to allow them to keep renting, who would they contact?

    Posted by Tak December 3, 08 09:31 PM
  1. Hey Merryxmas,
    Just an FYI, I believe it is in fact a story. Landlords should not be allowed to accept money from their tenants when they are not paying the mortgage. We have lived here and payed our rent on time and we thought that guaranteed us a home to live in. I am not sure why some people think we used the media for attention. A friend of ours called us the day before the auction was to take place and notified us. The next thing we knew, channel 7 was at our door. The next morning there were all kinds of news trucks in my driveway. We really do not feel it is anyone's business about us being laid off.

    Posted by Melissa Cann December 5, 08 01:03 PM
  1. It is so terrible that people do not have compassion any more, but for God where would you be? Yes you may have all of your ducks in a row now but no one is 100% certain on what tommorow may bring. So for those of them that are up on a high horse about what this man should or should not have done for his family, take a closer look at your own self and when you get so to where you can look down on someone else then always remember that the Bible said he without sin cast the first stone. And I look at it in this case he without blemish cast the first stone. I am a renter in the same situation It feels bad.

    Posted by Barbara December 9, 08 06:43 PM
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