Woman Loses Life Savings In Alleged $31M Ponzi Scheme That Bilked Investors Through Forged Deeds, Sale Of Same Lots To Multiple Victims

In Pocatello, Idaho, the Idaho State Journal reports:

• One of the victims of an alleged Ponzi scheme that used a Pocatello property as part of an elaborate scam to bilk investors of $31 million said she lost a six-figure sum. “I was absolutely devastated,” Carolyn White said about the moment she realized [her] savings was gone. “I had to take sleeping pills that night. I lost everything.”

• White “owned” 12 of the 70 lots at the 16.5-acre mobile home subdivision on Philbin Road that was used as part of the scheme. Or so she thought. It turns out most of the title deeds issued to the 400 investors affected by the scheme are worthless because they were forged or deeds for the same lots were sold to multiple investors. [...] The alleged scheme involved purchasing existing mobile home parks and converting them to mobile home subdivisions by dividing them into individual lots.(1)

For more, see Alleged scam cost woman her life savings.

(1) The owners and operators of Valley Investments of Grand Junction, Colo., Philip R. Lochmiller, 61, and his son, Philip R.Lochmiller II, 38, as well as a company employee, Shawnee N.Carver, 33, were indicted by a federal grand jury in Denver Dec. 15 on conspiracy and fraud charges. According to one investor, at least one affected investor has committed suicide because of the alleged scam, an earlier story reports. See $31 Million scam: Pocatello property used in alleged Ponzi scheme.

Washington Man Cops Plea To Theft; Pocketed $22K+ By Selling Home In Foreclosure, Failing To Pay Mortgage; Unwitting Buyers Failed To Check Title

In Douglas County, Washington, The Wenatchee World reports:

• A Wenatchee man pleaded guilty to third-degree theft for taking more than $22,000 in payments from a couple for a home he had no title to. Felix Hernandez Martinez, 25, originally charged with first-degree theft in January 2008 in Douglas County Superior Court, pleaded guilty Dec. 21 to the amended charge and was sentenced to 365 days imprisonment with 362 days suspended.

***

• The husband and wife in July 2007 signed a purchasing agreement with Hernandez for an East Wenatchee home for $180,000, according to an investigation report, compiled by Detective Dan Dieringer with the East Wenatchee Police Department. Dieringer wrote that the couple gave Hernandez $700 in earnest money, and between July and December of that year, had paid Hernandez $22,500 total in cash payments. The report said no documents from the sale were filed or recorded with the court or the auditor’s office.

• The report said the couple moved into the home in August 2007 and that they never obtained a title check on the residence to determine whether Hernandez had a clear title to the property. In December of that year, Northwest Trustee Services conducted a foreclosure sale of the East Wenatchee property on behalf of Wells Fargo Bank because of a mortgage default by Hernandez, the report said.

For the story, see Man pleaded guilty to selling home already in foreclosure. rent to own lease purchase option scams yellowstone

Repeatedly-Failing Air Conditioner Marks Beginning Of Journey On Rocky Road For One Florida Family

In Manatee County, Florida, the Bradenton Herald reports on the problems faced by local couple Joe and Brittany Baker after a May 2009 repair visit by a service technician mentioned that Chinese drywall might be the culprit for the repeated air conditioner problems in their recently-constructed home. The suspicion was reportedly confirmed a few days later by a home inspector.

• That was enough to convince Brittany Baker, eight months’ pregnant at the time, to move in with her in-laws while Joe Baker was undergoing U.S. Army training in Colorado. The stress would only escalate, Brittany Baker said.

• At first, she worried the drywall would affect her unborn baby’s health. “Luckily she’s healthy,” Brittany Baker said.

• There was the struggle to get the builder, deMorgan Communities, to admit it has used Chinese drywall in the Bakers’ house — followed by its contention that it, too, was a victim and couldn’t do anything for the Bakers.

• There were the break-ins — at least five, by Brittany Baker’s count — at the unoccupied house, with thieves taking everything from leftover food to camping gear. A neighbor who interrupted one burglary found the thieves had left behind suitcases full of items, including an urn containing her father’s ashes. "That was the biggest stress, the house being broken into over and over,” she said.

• Then there were the financial worries. The Bakers wondered if they could continue to keep paying the mortgage on a home they no longer felt safe to live in and, if they couldn’t, whether it would jeopardize Joe Baker’s security clearance and assignment to MacDill Air Force Base. After making arrangements with the Army, the Bakers stopped paying the mortgage and moved into the rental house last month. “We really can’t afford to rent a house and pay the bills and pay a mortgage on top of it, but we have to, to make sure our daughter is safe,” Brittany Baker said.

• Like many others, the Bakers hope to get some relief through the courts. They are among more than 2,100 homeowners who are suing Knauf Plasterboard Tianjin Co. Ltd, a Chinese drywall manufacturer, and more than 600 homebuilders, suppliers, distributors and installers in the massive federal class-action lawsuit. More than 30 Manatee homeowners are among the plaintiffs, and deMorgan is among the defendants. The case is expected to go to trial in March as part of a series of bellwether cases designed to narrow legal issues such as liability.

For the story, see Drywall keeps owners in limbo.

Lender's Credit Reporting Error On Paid Off Car Loan Puts Kibosh On Consumer's Home Refinancing Plans

In Winnipeg, Manitoba, CTV News reports:

• A credit report mistake made by a financing organization has cost a Manitoba family thousands of dollars and has cast a cloud over its Christmas. In June 2008, Nancy Klassen, who lives near Morris, says her family paid off a GM minivan. But when they went to get a lower interest rate on a home they've lived in for 16 years, they were denied.

• The family found out GMAC Financial had put a mark on its credit report saying they were in arrears on car payments, says Klassen. "We paid...and we paid early," says Klassen. With such a bad credit score, the Klassen family could only get a mortgage at 15 per cent, paying more than $1,500 each month. After months of corresponding with GMAC Financial, the group admitted to the family it made a mistake but will not give compensation until a new mortgage is secured.

For the story, see Credit report error sets family back thousands of dollars.

Woman Accused Of Abusing POA By Misspending Institution-Bound Dad's Money; Gov't May Seize Family Home To Cover Nursing Home Bills

In Elkhorn, Nebraska, WOWT-TV Channel 6 reports:

• Regina Garcia has power of attorney over her father’s retirement fund. Now she needs an attorney after being charged with misspending almost $16,000 of that money. [...] Garcia’s elderly father is an Alzheimer’s patient who owes nearly $20,000 to an Elkhorn nursing home. She’s accused of using his retirement money to pay her own bills instead of his.

• Douglas county attorney Don Kleine said, “They’re being taken advantage of, they’re being exploited by someone who understands they have this amount of money and take it from them not for the benefit of the person who has the incapacity but for themselves.”

***

• The county attorney is concerned that if Garcia’s father can’t pay his nursing home bill then taxpayers will have to pick up the cost. Garcia claims the government is in the process of seizing her father’s home to pay for his nursing home cost. If convicted of the charge of Abuse of a Vulnerable Adult she faces up to five years in prison.

For the story, see Daughter Charged With Stealing Dad's Retirement (Nursing home bill past due).

Quality Control Employee Canned By Lender After Cooperating With Feds In Loan Probe, Suit Alleges

In Denver, Colorado, the Denver Business Journal reports:

• A former employee [reportedly an ex-“high-risk specialist” in quality control] of Aurora Loan Services LLC alleges in a lawsuit filed [last week] that the company fired him in retaliation for helping federal investigators who were looking into one of its loans. [...] One person in the legal department “lamented” that providing the information could mean Aurora Loan Services would have to buy back the loan, costing the company money, the suit says. On Sept. 4, 2008, the company’s human resources office told [ex-employee Michael] Walker he was fired, the lawsuit says.

• “Instead of commending Mr. Walker for his honest and diligent work, (Aurora Loan Services) claimed that Mr. Walker’s provision of this information had violated ALS’ so-called “zero-tolerance policy for privacy violations” and fired him, the lawsuit says.

For more, see Fired loan-firm employee sues, alleging retaliation for helping feds.

Georgia Man Used Stolen IDs In Failed Attempt To Buy His Own Properties Facing Foreclosure Using Short Sales, Say Atlanta Feds

In Atlanta, Georgia, the Atlanta Journal Constitution reports:

• A 37-year-old Atlanta man is accused of stealing people's identities, and then using those identities to attempt to purchase his own foreclosed property. Brent Merriell was arrested Tuesday, according to the U.S. Attorney's Office. He faces two counts of making a false statement to the FDIC and four counts of aggravated identity theft.

• Merriell apparently obtained several million dollars worth of loans in his name, and in the names of family and friends, from Omni National Bank. On March 27, Omni was taken over by the FDIC. By October, Merriell was delinquent on loan repayments and faced foreclosure on 14 properties, according to Patrick Crosby with the U.S. Attorney's Office. Merriell then asked the FDIC to allow him to "short sale" two properties each to seven new purchasers at greatly reduced amounts.

• But the new purchases were being made in the names of people whose identities had been stolen, and the sales contracts were forged and counterfeited, Crosby said. Merriell was arrested before any of the sales could be completed. If convicted, Merriell could face up to 30 years in prison, and fine of up to $1,000 for each false statement charge.

Source: Man accused of attempting to buy homes with stolen identities.

DC AG Targets Tax Lien Investor In Alleged Legal Fee Ripoff Of Delinquent Taxpayer-Homeowners

In Washington, D.C., the Washington Examiner reports:

• A prolific purchaser of D.C. property tax liens is the subject of a District government lawsuit filed on behalf of delinquent taxpayers who are threatened with having to pay high legal fees in order to reclaim their properties. D.C. Attorney General Peter Nickles last week filed a consumer protection lawsuit in D.C. Superior Court against Chicago-based Aeon Financial LLC, [...].

• D.C. law allows tax lien holders to recoup some expenses, but Aeon "has engaged in a pattern of charging and collecting impermissible or excessive legal fees" of nearly $6,000 per property, the District alleges in court documents. Those are costs that many homeowners "will falsely believe that they must pay."

For more, see D.C. sues aggressive tax lien buyer over 'excessive' fees.

Real Estate Agent Accused Of Sleazy Practice In Alleged Attempt To Illegally Force Renter Out Of Foreclosed New Jersey Home

In Wildwood, New Jersey, The Philadelphia Inquirer reports:

• On Memorial Day weekend, a man knocked on the door of Sheila Walker's Wildwood apartment and presented her with an offer: $1,500 to vacate in three weeks. The three-unit building had been seized in foreclosure. According to Walker, 45, neither the man nor the real estate office he represented ever told her that New Jersey law gave her the right to stay put.(1) She panicked, she said. How would she find an affordable place at the start of the busy summer season?

***

• "She was just beside herself," said Donna Jago, director of citizen relations [for New Jersey's Department of the Public Advocate], who first spoke with Walker in July. "She didn't know where to turn, and she was dealing with a Realtor that was giving her misinformation."

• Walker said that the office of Jean Ball, a RE/MAX agent in Northfield, told Walker to stop paying her $750 rent as part of the cash-for-keys deal. In August, Walker was served an eviction notice for failure to pay rent. She said she felt duped. Ball would not comment for this story. Her online profile says she specializes in bank-owned properties in South Jersey. [...] Because Walker had receipts showing that she had paid her rent on time, Jago said her office was able to get the eviction dismissed.

• Jago said Walker's case was not unusual. She has helped others who faced unlawful evictions. "Some of these Realtors, I think they know exactly what they're doing," Jago said. "Some of them don't."

For the story, see New rules seek to protect tenants.

(1) New Jersey's laws are stricter than those in most states. They forbid the eviction of tenants - with or without a lease - from foreclosed buildings without cause, such as failure to pay rent or occupancy by a new owner, the story states. See also: Foreclosure Eviction Of Residential Tenants "Almost Always Illegal In New Jersey," Says State Public Advocate.

Ohio Man Gets 57 Months For Scamming Real Estate Investors, Slapping Bogus Liens On Unwitting Homeowners' Property, Running Rent Skimming Racket

In Colimbus, Ohio, The Columbus Dispatch reports:

• A Licking County man was sentenced to nearly five years in prison this morning in connection with a mortgage scam that defrauded more than 40 people. Common Pleas Judge Jon R. Spahr sentenced Joseph C. McClain, 31, of Heath, to four years and 11 months imprisonment. [...] McClain pleaded guilty this month to 25 counts of grand theft. He faced more than 37 years in prison on the charges, which stem from defrauding investors of his real-estate-investment company out of more than $400,000 and using the money to pay bills, buy vehicles and take a cruise.

• The complex scheme involved taking investors' money for the purpose of buying and refurbishing homes and then reselling them. Instead, he kept the money and fabricated statements that showed the investments growing. He also put liens on homes and gave them to investors to prove that they owned interest in the properties, all without the real owners' knowledge.

• In other cases, he told owners that he would sell their homes but instead rented them without paying the mortgages. McClain also had employees call the mortgage companies and pretend to be the homeowners to keep the companies from contacting the real owners when the mortgages were not paid.

Source: Mortgage scammer sentenced to nearly five years.

Ex-Philly Title Recording Dept. Employee Charged With Preparing Bogus Deeds For Pay; Some Unwitting Owners Had Property Sold Out From Under Them: Feds

In Philadelphia, Pennsylvania, The Philadelphia Inquirer reports:

• A former worker in the Philadelphia Records Department was charged [...] with taking fees to prepare about 100 unauthorized deeds, teaching one person how to prepare fake deeds, and helping that person file the phony documents. Ramon Pabon, 62, allegedly used his home computer to facilitate the scheme. "Some owners of the property were victimized as they were unaware that their properties had been sold," according to the charges in federal court.

• Investigators said Pabon had admitted he helped prospective buyers find owners of properties they were interested in, helped people wanting to sell their homes find buyers, and prepared deeds. He was paid $200 to $250 above the $156.50 fee paid to the city by the property owner, according to authorities.

• City Inspector General Amy Kurland said in a statement that Records Commissioner Joan Decker was beefing up security standards in the Recorder of Deeds Office, where Pabon worked as a title registration aide. She declined to say whether other arrests were planned, but said the investigation was continuing.

Source: Former deeds worker charged with real estate fraud. DeedContraTheft deed theft

New Hampshire, California Chief Justices Call For "Limited-Scope Representation" In Effort To Assist Pro Se Litigants Navigate Through Court System

John T. Broderick Jr. and Ronald M. George, the chief justices of the New Hampshire and California Supreme Courts, respectively, wrote in The New York Times recently, calling for promoting efforts to close the “justice gap” for litigants in civil cases who cannot afford a lawyer, and either do not qualify for legal aid or are unable to have a lawyer assigned to them because of dwindling budgets.

• One such effort involves the “unbundling” of legal services. Forty-one states, including California and New Hampshire, have adopted a model rule drafted by the American Bar Association, or similar provisions, which allow lawyers to unbundle their services and take only part of a case, a cost-saving practice known as “limited-scope representation” that, with proper ethical safeguards, is responsive to new realities.

• Traditionally, lawyers have been required to stay with a case from beginning to end, unless a court has excused them from this obligation. Now, in those states that explicitly or implicitly allow unbundling, people or businesses can hire a lawyer on a limited basis to help them fill out forms, to prepare documents, to coach them on how to present in court or to appear in court for one or two hearings.

For more, see A Nation of Do-It-Yourself Lawyers.

See also, The Business Insider: Judges Argue For Assistance For The Do-It-Yourself Lawyer.

New York Chief Judge On Courts & Recession-Related Cases: "We Are The Emergency Room For Society"

In New York City, The New York Times reports:

• New York State’s courts are closing the year with 4.7 million cases — the highest tally ever — and new statistics suggest that courtrooms are now seeing the delayed result of the country’s economic collapse. [...] And the increase in New York offers a preview of the recession-related cases showing up in courts across the nation.

• New York’s judges are wading into these types of cases by the tens of thousands, according to the new statistics, cases involving not only bad debts and soured deals, but also filings that are indirect but still jarring measures of economic stresses, like charges of violence in families torn apart by lost jobs and homes in jeopardy.

***

• “Society’s problems come to us,” New York’s chief judge, Jonathan Lippman, said. “We are the emergency room for society.” [...] Judge [Anil C.] Singh of the [Manhattan] Civil Court said that, from his bench, it was hard to see signs of a recovery. “I would describe it as a train wreck,” he said, “and I think it’s going to get worse for the next couple of years.”

For more, see The Recession Begins Flooding Into the Courts.

Certain Non-Owner-Occupied Homes Eligible For New Florida Statewide Foreclosure Mediation Program

A review of the Florida media reports announcing the recent institution of a statewide foreclosure mediation program for foreclosure actions reveals that some of the stories may be creating an incorrect impression that the program applies only to owner-occupied, homesteaded properties, or are silent as to the affect on homes that are occupied by individuals other than the owner-borrower.

With respect to homesteaded properties, the program applies automatically, unless the lender and owner-borrower both agree to opt-out or unless effective pre-suit mediation that substantially complies with the managed mediation program requirements has been conducted.(1) The foreclosing lender is required to foot the upfront outlay for the cost of the mediation, and which is recoverable in the judgment of foreclosure.

With respect to non-homesteaded residential properties occupied by individuals other than the owner-borrower, a reading of the plain language of the Administrative Order indicates that, while not automatically applying to such properties, it allows the owner-borrower to opt into the program. The owner-borrower is required to split the upfront outlay for the cost of the mediation with the foreclosing lender.(2)

The mediation program does not apply to vacant homes,(3) and apparently, also does not apply to a home occupied by the owner-borrower as a "second" (ie. non-primary, vacation, etc.) home, although neither the Florida Supreme Court's Administrative Order, nor the Report of Florida Supreme Court’s Task Force on Residential Mortgage Foreclosure Cases expressly mention non-primary, "second" homes.(4)

Click here for the Administrative Order of the Florida Supreme Court.

(1) See Administrative Order, page 2-3: "Under this program, all foreclosure cases in the state courts that involve residential homestead property will be referred to mediation, unless the plaintiff and borrower agree otherwise or unless effective pre-suit mediation that substantially complies with the managed mediation program requirements has been conducted."

In addition, the Order provides that "A borrower may opt out of the process by declining to participate upon being contacted by the mediation manager, or by not completing the pre-mediation requirements of foreclosure counseling and submission of financial documentation to the mediation manager." Administrative Order, page 4.

(2) See Administrative Order, page 9-10: "The Court further approves the Task Force recommendation that cases involving properties that are occupied by individuals other than the borrower may opt into the managed mediation program, at equal cost to the parties, and that structural improvements, such as open calendars, be employed by courts to allow cases to move as quickly and smoothly as possible."

See also, Report of Florida Supreme Court’s Task Force on Residential Mortgage Foreclosure Cases, page 41: "These cases may be either tenant-occupied or occupied by other members of the family but not the borrower, or have unspecified occupants. [...] The Task Force recommends that these properties be given the choice to opt into managed mediation at equal cost to the parties."

(3) For owners of vacant homes that are delinquent on their mortgage payments, not yet in foreclosure, and wish to be covered by this mediation program, there appears to be two options:

• Move into the home and, in good faith, make it your primary (not secondary) residence, in which case the mediation program is mandatory (see footnote 1, above), or
• Stick a tenant, family member, or "unspecified occupant" in the home (again, in good faith), in which case the owner-borrower, according to the Order, could opt into the mediation program upon commencement of the foreclosure action (see footnote 2, above).

(4) For owner-borrowers of non-primary, "second" homes that are delinquent on their mortgage payments, not yet in foreclosure, and wish to be covered by this mediation program, renting out the property to a tenant or letting a family member use the premises might, arguably, allow the owner-borrower to opt into the program upon commencement of the foreclosure action (see footnote 2, above).

Schack Slams "Fat Cat Bankers On Wall Street" In Failed Court Cost Ripoff; Calls CEO Dimon The "Fattest Cat" At JPMorgan Chase

In Brooklyn, New York, the New York Law Journal reports:

• A Brooklyn judge has rejected a bank's request for $9,112 in costs for producing subpoenaed documents, calling the claim an example of the excess and greed among "fat cat bankers on Wall Street." JPMorgan Chase, a non-party in an action to confirm an arbitration award, sought 25 cents per page and $25 per hour for producing 18,248 pages of subpoenaed documents demanded by the petitioner. In a blistering 11-page decision, Brooklyn Supreme Court Justice Arthur Schack granted JPMorgan Chase only $1,250.27, or about one-seventh of the amount the bank requested.(1)

***

• "Clearly, Chase's arbitrary $25.00 per hour ... fee for the unsubstantiated 182 hours of research by person or persons unknown only helps to unjustly enrich 'a bunch of fat cat bankers on Wall Street,'" Justice Schack wrote in Matter of Arbitration of Klein v. Persaud, 8007/09. "This Court is not a collection vehicle to further enrich already rich bankers."

• Schack called the bank's CEO, James S. Dimon, the "fattest cat" at JPMorgan Chase, citing Dimon's compensation of nearly $20 million in 2008.

For more, see Judge Slashes 'Fat Cat' Bank's Bill for Subpoenaed Documents.

(1) According to the story, the judge reduced the bank's hourly fee from $25 to $6.55 -- the minimum wage in Indiana, where the judge believed the work may have been done, at the time the documents were produced. "[T]he Court ... is guided by the principal that '[o]rdinarily, the retrieval and evaluation of documents should be done by the lowest-level person consistent with accurate and reliable identification of the material called for,'" Schack wrote. The 182 hours worked by JPMorgan Chase employees therefore came to $1,192, not $4,550, the judge concluded.

Schack then awarded JPMorgan Chase an additional one cent per page for the estimated cost of the paper, plus an additional two cents for "toner, copier maintenance and electricity." At three cents per page for only 1,939 pages, instead of 25 cents per page for 18,248, the bank deserved $58.17, not $4,562, Schack concluded. The judge ordered Klein to pay JPMorgan Chase a total of $1,250.27. (In chiseling down the cost reimbursement request for reproducing the documents, Schack noted that of the 18,248 pages that JPMorgan Chase produced, the bank placed 16,317 pages online, as opposed to printing them. For those pages, the bank only deserved compensation for labor and not supplies, Schack wrote, calling the bank's claim "disingenuous." Accordingly, he understandably refused to grant alleged multi-billion dollar "fat cat" JPMorgan Chase the three cent reimbursement for each of those pages it placed online.)

Reportedly, Simmons, Jannace & Stagg, the law firm that represented Chase, did not return calls for comment.

Some Raise Questions On Judges' Role In Foreclosure Actions In Light Of Rulings Favoring Homeowners

The Wall Street Journal reports:

• A group of state and federal judges presiding over foreclosures are wiping away borrowers' mortgage debt, invalidating foreclosure sales and even barring some foreclosures outright. The decisions in recent months by a handful of judges in states including Massachusetts, New York and Texas mark a new phase in the judiciary's battle to stem the rising tide of foreclosures by punishing mortgage companies for paperwork mistakes and alleged mistreatment of borrowers.(1)

• The number of judges taking such action remains small, and most foreclosures go through without a challenge. But the growing number of rulings against lenders' claims is raising questions among some legal experts about judges' impartiality.

For more, see Foreclosure Challenges Raise Questions About Judicial Role.

(1) For two recent examples, see:

• New York Law Journal: Judge Blasts Bank's Foreclosure Conduct and Cancels Mortgage (A lender's "unconscionable, vexatious and opprobrious" conduct in attempting to foreclose on a Long Island home has prompted a state judge to cancel the mortgage on the property);
• Judge Slams Sloppy Lender Unable To Prove Note Ownership; Voids Debtor's $461K Home Loan; Docs Signed By Multiple Hat-Wearing VP Sinks Servicer, MERS.

Vegas Homeowners Hit BofA With Lawsuit Seeking To Halt Foreclosures/Evictons & Force Lender Into Good Faith Negotiations On Loan Modifications

In Las Vegas, Nevada. KLAS-TV Channel 8 reports:

• A group of homeowners on the brink of foreclosure has formed a class-action lawsuit against their lender Bank of America. That lawsuit -- which represents 50 homeowners -- accuses the bank of wrongful foreclosure, breach of contract, and unfair lending practices.

• According to federal law, lenders that accepted government bailout funds are required to take part in good faith negotiations with homeowners who are at imminent risk of default. But after months of getting nowhere with their lender, dozens of homeowners say they are now suing Bank of America in an attempt to force them to follow the law.

***

• Las Vegas attorney Matthew Callister has filed a class-action lawsuit on behalf of more than 50 homeowners against Bank of America. "We've been compelled to bring a series of class action suits to put a proverbial gun to the head of the lending institutions to force them to do what they are already obligated to do," said Callister.

• He is also pushing for a hearing before a judge as soon as possible to get an injunction or stay to postpone any foreclosures and evictions against the homeowners taking part in the class-action suit. Callister also has a suit against IndyMac on behalf of about 60 homeowners. He also plans to file suits against Chase Bank and Wells Fargo Bank in the near future.

For the story, see Las Vegas Homeowners in Default File Suit Against Bank.

Florida Foreclosure Task Force Report Highlights Sleazy Lawyer Conduct From Both Sides Of The Bar

The following excerpt from the Florida Supreme Court Task Force On Residential Mortgage Foreclosure Cases gives example of some of the sleazy conduct of some attorneys in foreclosure actions:

• [I]t is critical that these [law] firms be candid, clear, and truthful and accurate in connection with pleadings and affidavits filed with the Courts. A leading plaintiff’s lawyer and a major plaintiff’s law firm have been the subject of a public reprimand and sanctions due to untruthful filings with the courts.

• Judges continue to see affidavits of amounts due and owing signed by law firm employees, and cost affidavits charging very high service of process fees for process serving firms owned by the law firm principals. To some extent, it is fair to be concerned whether the press of the case load is interfering with a judge’s ability to police the conduct of the firms before them in these usually uncontested, unopposed foreclosure cases.

• There are also issues on the defense bar side of the equation. Lawyers are advertising for clients to pay them, and they will delay foreclosure. Defenses based on loan closing irregularities are being pleaded without any good faith investigation, in some cases after the statute of repose has already expired. Boilerplate motions to dismiss and discovery requests are filed without ever being set for hearing or for motions to compel.

• Not infrequently, an answer is filed raising multiple defenses without any discovery, and the attorney then subsequently withdraws from the case due to nonpayment of fees. Nonpayment of fees would seem to be somewhat foreseeable for a defendant who is in foreclosure. Defense lawyers should litigate in good faith, defend in a timely fashion, and not manipulate the courts or the case for simple purposes of delay.

Source: Florida Supreme Court Task Force On Residential Mortgage Foreclosure Cases, page 21.

California Man Surrenders Real Estate License Amid Allegations Of Pocketing Upfront Fees On Loan Modifications, Failing To Properly Handle Trust Funds

From the California Department of Real Estate:

• Whitfield Financial Services Inc. (Whitfield), which operated a statewide loan modification business, surrendered its real estate license in lieu of defending accusations of violations of the real estate law at an administrative hearing. The license surrender, effective December 21, 2009, effectively puts Whitfield and its designated broker, Raymond Lorenzo Jeter (Jeter), out of business.

• The license surrender comes on the heels of an accusation filed against Whitfield and Jeter by the California Department of Real Estate (DRE) accusing the licensees of failing to properly handle trust funds and illegally collecting advance fees in connection with loan modification services. Jeter was also separately accused of failing to exercise proper supervision over the activities of Whitfield. While Jeter admitted no wrongdoing by either himself or Whitfield for purposes outside of the DRE action, he nonetheless surrendered all license rights and can no longer engage in real estate brokerage activity, including loan modifications.(1)

For the press release, see California Department of Real Estate Shuts Down Loan Modification Company (Loan Modification Firm Surrenders License).

(1) Consumers who have been cheated out of money by Whitfield, Jeter, or any other licensed California real estate agent may be eligible to put in a claim with the Real Estate Recovery Account, a victim's fund administered by the California Department of Real Estate. According to its website, if a claim is granted, the applicant will be paid an amount for his or her actual and direct loss in a transaction, up to a statutory maximum of $50,000 per transaction, with a possible total aggregate maximum of $250,000 per licensee.

Idaho AG Settles Allegations With NJ Upfront Fee Loan Modification Outfit; Firm To Cough Up $19K In Refunds To 12 Homeowners

In Boise, Idaho, The Associated Press reports:

• Attorney General Lawrence Wasden says Idaho homeowners who were duped into paying a New Jersey company to help them modify their mortgages will get more than $19,000 in a settlement. Wasden says the investigation into Weston, New Jersey-based Best Interest Rate Mortgage Co. LLC began with a complaint about a direct-mail advertisement.

• The ad offered a special loan modification programs as part of the "Economic Stimulus Act of 2008" and appeared to have come from the U.S. government. The attorney general's office says the company charged Idaho homeowners upfront fees ranging from $1,000 to $1,800 before the mortgage modifications were completed, which Idaho law prohibits. The company, which has denied wrongdoing, was ordered to pay the 12 homeowners $19,710.

Source: Idaho AG: Cheated Homeowners Get $19K Settlement (Idaho's attorney general says homeowners win $19,000 in settlement with New Jersey company).

Alleged Arizona-Based Upfront Fee Loan Modification Racket Violated State Law, Says Illinois Homeowner In Lawsuit Seeking Class Action Status

In Chicago, Illinois, Mortgage Relief Group dba Mortgage Assistance Group, an outfit alleged to be headquartered in Glendale, Arizona, cheated people in mortgage rescue scams, a class action claims. The lawsuit, filed in state court in Cook County, alleges violations of the Illinois Mortgage Rescue Fraud Act (765 ILCS 940/1. et seq.), and the Illinois Consumer Fraud And Deceptive Practices Act (815 ILCS 505/1. et seq.).

For the lawsuit, see Von Essen v. Mortgage Relief Group LLC, dba Mortgage Assistance Group (lawsuit available online courtesy of Courthouse News Service).

Assembly Line Foreclosure Mills Dominate Fla. Law Market For Home Repo Suits; Judge Exoriates Law Firm, Wells For Mindlessly Cranking Out Legal Papers

In Tampa, Florida, the The Tampa Tribune reports:

• Few areas of the legal field are so dominated by a handful of players as foreclosure law. Florida Default Law Group is one of four foreclosure mills operating in Florida that appear to be winning the lion's share of business from lenders or their representatives. Along with Florida Default, other big firms include the law offices of David J. Stern in Plantation, the law offices of Marshall C. Watson in Fort Lauderdale and Shapiro & Fishman in Boca Raton.

• The Tribune looked at 1,994 initial foreclosure documents filed in October to see which firms were handling the most foreclosures. Combined, those four industry heavyweights filed 1,049 foreclosure cases in October, or 53 percent of all new foreclosures filed in Hillsborough County that month. Florida Default filed 323 new foreclosure cases in October, second only to the 352 cases filed by David J. Stern. Florida Default operates in Florida's 66 other counties, the firm's managing partner testified in a court deposition.

• To handle the workload, foreclosure mills have developed a common model: use lower-paid paralegals and support staff for much of the routine legwork, and hire young lawyers to sign off on the lawsuits and handle complications.

***

• John Olson, a U.S. Bankruptcy Court judge in Fort Lauderdale, had no problem taking Florida Default and a big client, Wells Fargo, to task. After the firm made errors in up to 50 cases in court, Olson called out the firm in October 2008 in a strongly worded opinion. Florida Default made the errors when an employee pulled information from the wrong computer screen, according to court documents. Florida Default and Wells Fargo "have engaged in the systematic process of churning out unrefined and unexamined form pleadings, instead of producing and filing carefully considered legal papers," Olson wrote.(1)

For more, see Law firm gorges on home defaults (Florida Default and Wells Fargo "have engaged in the systematic process of churning out unrefined and unexamined form pleadings, instead of producing and filing carefully considered legal papers," a bankruptcy judge wrote).

(1) In Sarasota County, Lee Haworth, chief judge in the state's 12th Judicial Circuit, started noticing a trend in foreclosure filings: Foreclosure law firms would start a foreclosure lawsuit against a homeowner but push it to the back burner if complications arose. Meanwhile, the stalled cases began to languish in Sarasota and Bradenton courts, the story states. Foreclosure mills seemed to think pursuing such cases was too much trouble for the $1,200 fee, he reportedly said.

Alleged "Ghetto Loans" Peddler Hit With Another Fair Housing Suit; Memphis, Shelby County Claim "Reverse Redlining" In Making Predatory Mortgages

In Memphis, Tennessee, The Commercial Appeal reports:

• The city of Memphis and Shelby County, joining a host of governments across the country hit hard by the foreclosure crisis, filed a federal lawsuit [last] Wednesday against financial services giant Wells Fargo. The suit alleges that "unlawful, irresponsible, unfair, deceptive and discriminatory" lending practices by Wells Fargo in Memphis and Shelby County violated the Fair Housing Act.(1)

• "We're here because we want to go on record affirming our belief that the unfair lending practices that have wreaked havoc on individuals and families have also impacted the larger community," said Mayor A C Wharton during a news conference at the National Civil Rights Museum. "Many of the bad loans that have been doled out by unscrupulous lenders have been like giving families boats with crepe-paper bottoms. No bucket brigade and no amount of hard work can keep you from sinking in a vessel that is doomed from the very start."(2)

***

• The complaint unveiled Wednesday includes testimony from two former high-ranking Wells Fargo employees involved in [a] Baltimore suit [accusing Wells Fargo of similar conduct] who say Wells Fargo intentionally made bad loans to African-Americans. The employees, who worked out of Virginia and Maryland but are knowledgeable about the company's national lending practices, said Wells Fargo marketed subprime loans to predominantly African-American ZIP codes and that company officials referred to the loans as "ghetto loans." The complaint also says Wells Fargo steered black clients who qualified for prime loans into more costly subprime loans, which produced greater profits for Wells Fargo and its agents.

***

• "They know how to make good loans, yet they aren't making them in the black community," said John Relman of Relman & Dane, the Washington-based firm that is representing the city and county in the lawsuit, along with [Webb] Brewer and Steve Barlow. Relman & Dane also represents Baltimore in its suit.(3) "They did it because they could make more money," said Relman. "They made the money and let Memphis and Shelby County hold the bag."(4)

For the story, see Memphis, Shelby County sue Wells Fargo over lending practices (Allege actions violated Fair Housing Act).

For the lawsuit, see City of Memphis & Shelby County v. Wells Fargo Bank N.A., et al.

See also:

• The Memphis Daily News: Mortgage Lending Lawsuit Names Wells Fargo (W-F Denies Discrimination),
• The New York Times: Memphis Accuses Wells Fargo of Discriminating Against Blacks,
• WPTY-TV Channel 24: Memphis and Shelby County Sue Wells Fargo.

Go here for other posts on Wells Fargo and its alleged ghetto loans peddling.

(1) According to this report, so many homes are lost each year in Memphis to foreclosure sales that occur on the Shelby County Courthouse steps that the problem attracted national attention last year. A film crew for the PBS television show “NOW with David Brancaccio” came to Memphis and studied the problem, talked to politicians such as Shelby County Mayor A C Wharton Jr. and even ventured out to foreclosure hotspots like Frayser. Go here for the video of the PBS' NOW program on the foreclosure problem in Shelby County, and here for the transcript of the NOW program.

(2) According to another report, Mayor Wharton was quoted further:

• “These are very astute people who knew the difference between a good loan and a bad loan. Sure, there was federal pressure to make loans to groups who were customarily ‘non-banked,’ as we often say, who didn’t have access to traditional credit. Sure, and that’s a good motive. But, as is the case with most federal programs, there’s going to be abuse. And we think that this is one instance in which what was intended for good was exploited to be used for ill.”

(3) For the City of Baltimore lawsuit, see Mayor and City Council of Baltimore v. Wells Fargo Bank N.A. et al.

This story adds that Illinois Attorney General Lisa Madigan also filed a lawsuit last summer accusing Wells Fargo of marketing high-cost mortgage loans to black and Latino customers while selling lower-cost loans to white borrowers with similar incomes. The cumulative effect, Ms. Madigan argued, was to turn the black and Latino neighborhoods of the nation’s cities “into ground zero for subprime lending.” See:

• Illinois AG press release: Madigan Sues Wells Fargo For Discriminatory And Deceptive Mortgage Lending Practices (Illinois Attorney General Alleges Lender Steered African-Americans, Latinos Into Subprime Loans),
• Illinois AG lawsuit: People v. Wells Fargo And Company, et al.

In addition, in March, 2009, the National Association for the Advancement of Colored People ("NAACP") also filed suit against Wells Fargo alleging systematic, institutionalized racism in sub-prime home mortgage lending. See:

• NAACP press release: NAACP Files Landmark Lawsuit Today Against Wells Fargo and HSBC (Remedies would benefit millions of potential borrowers),
• NAACP lawsuit: NAACP v. Wells Fargo Bank & Wells Fargo Home Mortgage.

(4) For related links on the problems in the subprime mortgage market, see:

• Pew Research: Defaulting on the Dream: States Respond to America's Foreclosure Crisis (pdf), examines what individual states are doing to help borrowers avoid foreclosure and keep their homes; and prevent problematic loans from being made in the first place.
• Albany Government Law Review: Subprime Communities: Reverse Redlining, the Fair Housing Act and Emerging Issues in Litigation Regarding the Subprime Mortgage Crisis - Article by Ray Brescia, visiting professor at Albany Law School, on the challenges faced by litigants, including municipalities, when bringing actions to remedy acts of past discrimination in the subprime mortgage market.

Title Agents Ripped Off $700K In Closing Proceeds, Says Prosecutor; Late/Foreclosure Notices Tip Off Unwitting Homeowners Of Alleged Theft

In Freehold, New Jersey, the Asbury Park Press reports:

• A Monmouth County grand jury has handed up an indictment accusing two sisters who ran a pair of Freehold title agencies of pocketing more than $700,000 from clients and using the money to buy luxury cars and travel. Rebecca Marchese-DePeri-Grande, 37, of Jackson and Meredith Miller, 34, of Brick were arrested Monday following the indictment.(1) The pair had been under investigation since 2005 after authorities received complaints from customers of both the R.M.J. and Spectrum title agencies, according to a statement issued by Monmouth County Prosecutor Luis A. Valentin.

***

• According to Valentin, the pair used money from various escrow accounts associated with the businesses that was supposed to be turned over to banks for cover closing costs and refinancing fees was instead used to purchase Ferraris, lavish homes and travel. The total amount of the alleged theft is about $786,000, and at least 15 victims have been identified, Valentin said.

• Customers of the businesses — neither of which is currently conducting business — initially discovered the missing money after they began receiving late notices and foreclosure notices from lenders.

For the story, see Monmouth County grand jury indicts sisters on theft, conspiracy charges.

For the Monmouth County DA press release, see Two Title Agency Owners Indicted in Connection with Theft of Over $780,000 from Clients.

(1) According to the story, both women are charged with second-degree counts of conspiracy, misappropriation of entrusted property, theft by failure to make a required disposition and misconduct by a corporate official. Additionally, Miller is charged with theft by deception and two counts of writing bad checks, the story states. EscrowRipOffKappa

Utah Woman Charged With Filing Phony $1M Lien On Home Of Boyfriend's Deceased Wife; Pair Attempted To Rip Off Estate's Heirs, Investigator Says

In Utah County, Utah, Deseret News reports:

• A Pleasant Grove woman accused of working with [...] boyfriend [Martin MacNeill] to steal his adopted daughter's identity faces criminal charges. Gypsy Willis, 33, was charged [...] in 4th District Court with one count of identity fraud, two counts of false and inconsistent material statements and one count of wrongful lien.

***

• When MacNeill's wife passed away, the house had been in her name, said Doug Witney, the lead investigator in the case. He said MacNeill had not wanted to go through probate or pay taxes, so instead acted as his deceased wife's attorney, pretended she was still alive and had the property transferred to his name.

• The same day the transaction went through, Witney said, Willis filed a $1 million lien on the house, which is illegal because there was no reason to file the lien. Witney said it was probably done to discourage MacNeill's children from claiming rights to the house because one of his daughters was trying to obtain custody of her three adopted younger sisters at the time. When the federal government realized what was going on, it had an agent act as an intended buyer of the house and a few days after Willis went to remove the lien, she and MacNeill were arrested.

For the story, see Pleasant Grove woman charged in identity theft case. DeedContraTheft deed theft

Mass. AG Charges Attorney With Recording Forged Mortgage Assignments In Attempt To Hijack $1M+ In Loan Payoff Proceeds From Pending Real Estate Sales

From the Office of the Massachusetts Attorney General:

• [A] Marblehead attorney was arraigned in Cambridge District Court in Medford for his role in a million dollar mortgage hijacking scheme. Leon Gelfgatt, age 49, is charged with Attempted Larceny, and Uttering (2 counts).

• Massachusetts State Police assigned to Massachusetts Attorney General Martha Coakley’s Office arrested Gelfgatt [...] as he allegedly attempted to retrieve over $1.3 million dollars in mortgage funds in connection with a sophisticated mortgage fraud scheme.

***

• According to authorities, Gelfgatt allegedly identified properties which were under agreement and scheduled for an imminent sale. He then allegedly recorded false documents at the Registry of Deeds indicating that his fake company was the new holder of any mortgages on those properties. He allegedly sought through this scheme to cause mortgage payoff funds to be delivered to the fake company, rather than to the rightful mortgage holders.

For the Massachusetts AG press release, see Marblehead Attorney Arraigned in Connection with Million Dollar Mortgage Hijacking Scheme.

(1) According to the press release, Gelfgatt entered a plea of not guilty and was ordered held on $1 million cash bail by Judge Roanne Sragow. In the event that Gelfgatt posts bail, he has to surrender his Russian passport and wear an electronic monitoring bracelet, the press release states.

Massachusetts Closing Attorney Gets 2 To 3 In Mortgage Stacking Racket; Pocketed $2M+ In Scam; Title Insurance Underwriter Left Holding The Bag

From the Office of the Massachusetts Attorney General:

• Attorney General Martha Coakley’s Office announced the sentence of [...] former Somerville real estate attorney [Kevin Carey, age 49, of Middleboro] in connection with making false statements on mortgage applications and associated documents and using the funds secured from the loans for his own purposes, rather than paying off existing loans as directed by the new lenders. [... S]uperior Court Judge D. Lloyd MacDonald sentenced Carey to two to three years in State Prison, followed by 10 years probation. Carey is also ordered to pay $2.6 million in restitution.(1)

***

• While practicing as a real estate lawyer in Somerville and Medford, Carey engaged in a scheme called “mortgage stacking” on four residential properties he or his family members owned. The scheme involved serially refinancing the loans on these properties, without paying off the existing loans. Carey was also the agent for a New England title insurance company which allowed him to issue title insurance policies on mortgage transactions he processed.

***

• Carey “stacked” three mortgages on a home in Medford, two mortgages each on two different properties in Everett, and one mortgage on his personal residence in Medford. [...] When he received the proceeds of the loans, Carey did not pay off the existing mortgages on these properties, but rather used the funds for his own benefit. Carey issued title insurance policies or commitments in connection with the transactions, and the lenders were therefore protected, but ultimately the title insurance company suffered the financial loss. As a result of this scheme Carey stole over $2 million. The lenders remained unaware of the problem because Carey continued to make monthly payments on all of the loans.(2)

For the Massachusetts AG press release, see Former Somerville Lawyer is Sentenced to 2 – 3 Years in State Prison in Connection with Mortgage Stacking Scheme.

(1) Carey pled guilty to the charges of Larceny Over $250 (8 counts) and Willfully Making a False Statement Regarding Financial Condition or Assets (7 counts), according to the press release.

(2) According to the press release, a database search by Fannie Mae flagged the multiple mortgages on one of the properties, triggering a notification to one of the lenders. The lender then notified the title insurance company of the problem. Lawyers for the title insurance company then referred the matter to the Attorney General’s Office, according to the press release.

Fla. Supremes Order F'closing Banks To "Produce The Note" In Establishing Statewide Mediation Program; Open To Both Homestead & Tenant-Occupied Homes

In Tallahassee, Florida, the Orlando Business Journal reports:

• Plagued by an ever-increasing number of foreclosure cases, Florida judges now have guidance on how to deal with them through a statewide mediation program. Florida’s Chief Justice Peggy Quince signed an order designed to alleviate the backlog. Click here to read the order. It adopts recommendations by the court’s Task Force on Residential Mortgage Foreclosure Cases that was created earlier this year.(1)

***

• [Foreclosure defense attorney Roy Oppenheim] noted that mediation “forces banks to bring someone who has the ability to make a decision to the table.” Another significant part of the order requires lenders to prove they hold the note.(2) “Plaintiff’s counsel is not permitted to respond to the certification with ‘unknown,’ ‘unsure,’ ‘not applicable,’ or similar nonresponsive statements,” the order states.

• Oppenheim said [...] that the recommendation is significant because the task force found it to be a form of unfair practice. “It’s what we call legal fiction. Legal fiction is a nice way of saying a lie,” he said.

For more, see Fla. Supreme Court requires mediation in foreclosures.

(1) With respect to owner-occupied, homestead properties in foreclosure, the Florida Supreme Court order provides:

• Under this program, all foreclosure cases in the state courts that involve residential homestead property will be referred to mediation, unless the plaintiff and borrower agree otherwise or unless effective pre-suit mediation that substantially complies with the managed mediation program requirements has been conducted.

See Order, page 2-3.

With respect to residential properties in foreclosure that are occupied by individuals other than the borrower, the Florida Supreme Court order provides:

• The Court further approves the Task Force recommendation that cases involving properties that are occupied by individuals other than the borrower may opt into the managed mediation program, at equal cost to the parties, and that structural improvements, such as open calendars, be employed by courts to allow cases to move as quickly and smoothly as possible.

See Order, page 9-10. According to the Task Force recommendation, "These cases may be either tenant-occupied or occupied by other members of the family but not the borrower, or have unspecified occupants. [...] The Task Force recommends that these properties be given the choice to opt into managed mediation at equal cost to the parties." See Task Force recommendation, page 41.

(2) According to the Task Force recommendation, page 21.:

• Judges should also recognize their responsibility to ensure that in uncontested cases, the necessary evidentiary basis has been laid for the entry of summary judgment. In particular, judges should take every step to insure that the original note is produced, that the note is held in due course by the plaintiff with a right under the note to foreclose, and that the note is cancelled upon entry of the final judgment.

According to the Task Force recommendation, page 20:

• Complaints alleging lost note should only be filed upon a good faith investigation. These problems have caused the Task Force to recommend a requirement that pleadings be verified.

Editor's Note: In the event the foreclosing lender fails to produce the note and the presiding judge is inclined to allowing the foreclosure proceeding to continue, the homeowner (or his/her counsel) might consider filing a motion to require the lender to post a "lost note / lost instrument bond" in the face amount of the promissory note, plus 5 years of interest to protect the homeowner against loss that might occur in the event the purportedly lost note magically reappears in the future in the hands of another seeking enforcement thereof (in Florida, five years is the statute of limitations for the enforcement of a promissory note in Florida). For example, a lender wanting to foreclose a $500,000 mortgage should be required to to put up a five year bond for $500,000 plus five years of interest at the statutory interest rate (ie. if statutory rate is 10%, the amount of the bond should also cover $250,000 of interest - $50K/ year x 5 years - for a total of $750,000). In Florida, a court is prohibited from entering a judgment against a debtor based on a lost, destroyed or stolen note unless the creditor adequately protects the debtor against thepossibility of such a loss. Sec. 673.3091(2), Florida Statutes states:

• [T]he court may not enter judgment in favor of the person seeking enforcement [of a lost, destroyed, or stolen instrument] unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.

It appears that this statute also applies in the event the foreclosure is uncontested and the homeowner fails to appear in the action.

Some Raise Questions On Judges' Role In Foreclosure Actions In Light Of Rulings Favoring Homeowners

The Wall Street Journal reports:

• A group of state and federal judges presiding over foreclosures are wiping away borrowers' mortgage debt, invalidating foreclosure sales and even barring some foreclosures outright. The decisions in recent months by a handful of judges in states including Massachusetts, New York and Texas mark a new phase in the judiciary's battle to stem the rising tide of foreclosures by punishing mortgage companies for paperwork mistakes and alleged mistreatment of borrowers.

• The number of judges taking such action remains small, and most foreclosures go through without a challenge. But the growing number of rulings against lenders' claims is raising questions among some legal experts about judges' impartiality.

For more, see Foreclosure Challenges Raise Questions About Judicial Role.

Georgia Man Used Stolen IDs In Failed Attempt To Buy His Own Properties Facing Foreclosure Using Short Sales, Say Atlanta Feds

In Atlanta, Georgia, the Atlanta Journal Constitution reports:

• A 37-year-old Atlanta man is accused of stealing people's identities, and then using those identities to attempt to purchase his own foreclosed property. Brent Merriell was arrested Tuesday, according to the U.S. Attorney's Office. He faces two counts of making a false statement to the FDIC and four counts of aggravated identity theft.

• Merriell apparently obtained several million dollars worth of loans in his name, and in the names of family and friends, from Omni National Bank. On March 27, Omni was taken over by the FDIC. By October, Merriell was delinquent on loan repayments and faced foreclosure on 14 properties, according to Patrick Crosby with the U.S. Attorney's Office. Merriell then asked the FDIC to allow him to "short sale" two properties each to seven new purchasers at greatly reduced amounts.

• But the new purchases were being made in the names of people whose identities had been stolen, and the sales contracts were forged and counterfeited, Crosby said. Merriell was arrested before any of the sales could be completed. If convicted, Merriell could face up to 30 years in prison, and fine of up to $1,000 for each false statement charge.

Source: Man accused of attempting to buy homes with stolen identities.

Failure To Properly Serve Junior Lienholder Not Fatal To Foreclosure Sale Where 1st Mtg Balance Exceeded Home Value; Court Says "No Harm, No Foul"

The Wisconsin Law Journal reports:

• Last year, the Wisconsin Court of Appeals addressed what remedies were available to a junior lienholder who failed to participate in a foreclosure action. Effectively, the court limited the bank to purchasing the mortgagor’s right of redemption. (JP Morgan Chase Bank, N.A., v. Green, 2008 WI App 78, 753 N.W.2d 536)

• On Dec. 17, it addressed a corollary to that issue – what happens when a junior lienholder did not participate because it was not properly served. Effectively, the court adopted a “no harm, no foul” rule: because the value of the house was insufficient to cover the first mortgage, the junior lienholder suffered no harm from not being served. The court concluded, “the only reasonable inference from the record is that the value of the property at the time of the sheriff’s sale was no more than the amount of the first mortgage. It follows that there is no reason to believe that [the bank] would have benefited from exercising any of the rights of a junior lienholder.”(1)

For more, including the highlights from the case, see Remedy vacated in foreclosure action (Lienholder’s position can’t be improved).

For the court ruling, see Federal National Mortgage Association v. Lewis, No. 2008AP2, 2009 Wisc. App. LEXIS 959 (December 17, 2009).

(1) The issue of whether the first mortgage holder had legal standing to bring the foreclosure action in the first place was not raised by the junior lienholder in this case. If it had, and if it was then determined that the first mortgage holder's legal standing was questionable or lacking, the outcome in this matter may have been different. SewerServiceAlpha sewer service