Massachusetts Court Ruling Gums Up Resales Of Foreclosed Homes Across State; Title Insurance Unavailable For Clouded Ownership Due To Faulty Paperwork

In Springfield, Massachusetts, the Boston Herald reports:

• A Springfield judge’s ruling has thrown the entire Massachusetts foreclosure market into disarray by bolstering claims that lenders improperly seized thousands of Bay State homes. Experts say Land Court Judge Richard Long’s recent decision to void two Springfield-area foreclosures over procedural flaws has gummed up resale of foreclosed homes across the state. “It’s just stopped everything,” said North Andover broker Linda Kody, who specializes in reselling foreclosed properties for banks.

• Kody said Long’s ruling, first reported yesterday by industry publication Banker & Tradesman, has halted at least 12 of her resale deals. Would-be buyers can’t get title insurance on homes with “clouded” ownership, Kody said, and banks, in turn, generally won’t OK mortgages without title coverage. Long ruled that due to faulty paperwork, U.S. Bank and Wells Fargo Bank don’t really own the Greater Springfield homes that each foreclosed upon separately in 2007.

• The judge found that the banks held foreclosure auctions even though both lacked documents at the time proving that they really owned the homeowners’ mortgages. That “clouded” each property’s title, discouraging any third party from bidding on the homes, Long ruled.

***

• Lawyer Gary Klein, who’s filed a federal class-action lawsuit aimed at undoing some 2,000 Bay State foreclosures on such grounds, said Long’s ruling strengthens his case.(1) “Lenders simply stopped following the law for their own convenience,” Klein said.

For the story, see Court puts legal cloud over foreclosure sales.

Go here for the consolidated court ruling (U.S. Bank v. Ibanez; LaSalle Bank v. Rosario; and Wells Fargo v. Larace), available online courtesy of attorney Glenn Russell, Jr., of the Law Office of Glenn F. Russell, Jr., Fall River, Massachusetts.

See also:

• Judge’s REO Decision Brings Sales ‘To A Halt’ (Realtors in limbo) (requires subscription or purchase),
• Court Says Foreclosure Sales Were Invalid As Banks Didn't Acquire Interest In Delinquent Loans Until After Legal Action Was Completed.

For posts that reference the failure of mortgage lenders and their attorneys to file the proper paperwork when bringing foreclosure actions, Go Here, Go Here, Go Here, Go Here, Go Here, Go Here, and Go Here.

(1) For more on this point, see:

• Thousands Of Foreclosures Are Void, Says Massachusetts Class Action Demanding Lenders & Their Lawyers Prove Note Ownership,
• Thousands Of Unlawful Foreclosures In Mass.? (go here for WBZ-TV Channel 38 video). EpsilonMissingDocsMtg title insurance legal issues
  

"Entire Industry Is A Scam," Says NY AG As Subpoenas Go Out To 14 Loan Modification Firms; "Intent To Sue" Sent To Another

Bloomberg News reports:

• New York Attorney General Andrew Cuomo subpoenaed 14 loan-modification companies and plans to sue [another] as part of a probe of the “foreclosure rescue” industry.(1) [...] "Many of these companies charge upfront fees which are specifically prohibited by law,” Cuomo said in a conference call. “Sometimes homeowners even end up paying a higher cost after one of these companies gets involved.” Cuomo said that in many ways the “entire industry is a scam” because the U.S. Department of Housing and Urban Development provides assistance to struggling homeowners for free.

For the story, see Cuomo Subpoenas 14 Loan Modifiers, Plans Lawsuit.

See also: New York AG press release, see Cuomo Announces Intent To Sue ‘Amerimod’ Loan Modification Company In Investigation Of Foreclosure Rescue Scams Targeting Homeowners Nationwide (Long Island-Based American Modification Agency Charged Illegal Up-Front Fees and Used Deceptive Marketing to Target Homeowners Facing Foreclosure; Cuomo Also Issues Subpoenas to Fourteen Other Loan Modification Companies Across the Country in Nationwide Investigation).

(1) According to the NY AG's office, it has served a notice of intent to sue on American Modification Agency, Inc. (“Amerimod”) and its owner and President Salvatore Pane, Jr., accusing the company of charging illegal upfront fees and using false advertising to reel in struggling homeowners. Amerimod is headquartered in Uniondale, NY and claims to operate in all 50 states, servicing thousands of consumers nationwide.

Cuomo has also issued subpoenas to fourteen loan modification companies: American Home Recovery Corporation; CloseMore Financial Corporation; Elite Results Group, Inc.; FLM Law Center LLP, a/k/a Federal Loan Modification Law Center and Federal Loan Modification; Hometown U.S.A., Inc.; Global Modifications, Inc. a/k/a The Law Office of Brett Margolin, P.C.; Loan Modification Affiliate Exchange, Ltd, a/k/a LoanMAE; Nationwide Modification Agency, Inc.; NMA Legal Services, P.C.; Northeast Mortgage Services; People’s First Financial, Inc.; Raymond Lewis & Fitch, Inc.; Settled For Less, Inc.; and the Law Depot, Inc. a/k/a the Loss Mitigation Legal Network.

Conn AG Probe Into Foreclosure Lawyers, Homeowner Complaints About Not Receiving Proper Notice Focuses On Lender Processing Services, Fannie, Freddie

In Hartford, Connecticut, The Wall Street Journal reports:

• Connecticut's attorney general is seeking information from mortgage lenders Fannie Mae and Freddie Mac and mortgage-processing services company Lender Processing Services Inc. on how they select law firms for foreclosure services.

• In a statement Monday, Connecticut Attorney General Richard Blumenthal said his office is probing complaints that the majority of the state's foreclosures are assigned to a select group of law firms and complaints from consumers that they didn't receive proper foreclosure notices from marshals.

• "Dominance over foreclosure service by a few select law firms and marshals has spurred complaints about improper or illegal practices - wrongfully allocating work to non-marshals, forging papers, failing to serve papers, and making kickbacks," Blumenthal said in a statement. "Concentrating this work in a few hands can be severely problematic - causing unconscionable costs and failed notice delivery."

• Blumenthal's office initially said he was seeking information from banking technology company Fidelity National Information Services Inc. (FIS), but later clarified Blumenthal was seeking information from LPS. LPS was spun off from Fidelity National last year.

• Blumenthal said he is seeking the identity of all Connecticut law firms employed for foreclosure actions from 2007 to the present, details on the criteria used in selecting those firms, information on fees paid to those law firms and any fees paid by the law firms to the lenders and any complaints by Connecticut consumers regarding failures to provide proper notice.(1)

For the story, see Conn AG Seeks Information On Foreclosure Law Firms (requires subscription; if no subscription, try here, then click link for the story).

For the Connecticut Attorney general press release, see Attorney General Investigates Selection Process For Law Firms, Marshals Handling Foreclosures.

(1) Go here for Connecticut AG Blumenthal's letters to LPS , Fannie, Freddie requesting the information. SloppyForeclosuresAlpha SewerServiceAlpha

Sue First & Ask Questions Later!

A Pew Mortgage Investigations report by primary author, Nye Lavalle, describes the practice of using fraudulent affidavits and methods to assign promissory notes and conceal wrongdoing that some mortgage servicers and lenders are being suspected of. Among other things, this report shines light on the conduct of a certain Ocwen Loan Servicing employee, one Scott Anderson, who has received mention on at least seven occasions(1) by a certain Brooklyn, New York trial judge presiding over foreclosure actions in which Anderson appears to have acted as a multiple corporate hat wearing vice president when signing legal documents on behalf of more than one company having some involvement in various lawsuits.

For the report, see SUE FIRST & ASK QUESTIONS LATER!

Go here for more on multiple corporate hat wearing "vice presidents."

(1) HSBC Bank USA, N.A. v Betts, 04/23/2008, 2008 NYSlipOp 31170(U), Schack, J.;
HSBC Bank USA, N.A. v Cherry, 12/17/2007, 18 Misc 3d 1102(A), 2007 NYSlipOp 52378(U), Schack, J.;
Deutsche Bank Natl. Trust Co. v Castellanos, 01/14/2008, 18 Misc 3d 1115(A), 2008 NYSlipOp 50033(U), Schack, J.;
HSBC Bank USA, N.A. v Valentin ("Valentin I"), 01/30/2008, 18 Misc 3d 1123(A), 2008 NYSlipOp 50164(U), Schack, J.;
HSBC Bank USA v Antrobus, 07/31/2008, 20 Misc 3d 1127(A), 2008 NYSlipOp 51639(U), Schack, J.;
HSBC Bank USA, N.A. v Charlevagne, 08/04/2008, 20 Misc 3d 1128(A), 2008 NYSlipOp 51652(U), Schack, J.;
HSBC Bank USA, N.A. v Valentin ("Valentin II"), 11/03/2008, 21 Misc 3d 1124(A), 2008 NYSlipOp 52167(U), Schack, J. Arthur M. Schack

Suit Charges City Of St. Pete With Targeting, Harassing Homeless

In Central Florida, The Tampa Tribune reports:

• St. Petersburg officials and police are using local ordinances to target and harass the homeless, depriving them of their constitutional rights, according to a federal lawsuit. A Gainesville public advocacy law firm and the National Law Center on Homelessness & Poverty in Washington filed the 63-page complaint [...] on behalf of six named defendants. The lawsuit is seeking class-action status.

For more, see Lawsuit: St. Pete police, officials targeting homeless (About 30 percent of new residents are ''economic homeless,'' people who recently have lost jobs and homes and have nowhere else to go).

For the lawsuit, see Catron v. City Of St. Petersburg.

Florida Woman Charged In Alleged Foreclosure Surplus Scam; Accused Of Using Forged Documents To Swipe Excess Proceeds From Tax Deed Sales

In Pasco County, Florida, the Charlotte Sun reports:

• A Zephyrhills, Fla., woman is accused of conning local officials out of $93,104 in excess taxes from foreclosure sales, a reported scheme state investigators say spans three counties. Michelle Boyett, 33, was arrested [last week] and charged with first-degree grand theft of more than $100,000.

• According to the Florida Department of Law Enforcement, Boyett forged documents to collect money left over from the sale of foreclosed properties in Charlotte, Bay and Volusia counties. In all, the claims exceeded $113,000.

• Investigators say Boyett would submit paperwork to each of the county clerk offices identifying herself and her company, Central Florida Asset Recovery, as the representative of the original property owners. Normally, once taxes become delinquent on a particular property, county officials will sell the parcels at a public auction. In most cases, these sales generate more money than actually is owed to the county in taxes. As a result, the excess funds are returned to the previous property owner, an FDLE report said.

• Boyett attempted to act as an intermediary to the collection process, authorities say, as she would file documents claiming to work on behalf of the property owners. The documents also would include the forged signatures of the owners, giving Boyett consent to distribute the money, according to the report.

For more, see Report, Woman stole thousands in tax deed sales.

Unwitting Home Seller Conned By Alleged Mortgage Scammers Into Holding Subordinate Carry Back Note Now Faces Having Equity Wiped Out

In Seattle, Washington, The Seattle Times reports:

• Tom Backman says the deal to sell his house in Pacific two years ago seemed fishy from the get-go. The real-estate agent was hard to reach and demanded a specific escrow closer. The actual buyer was never around. Still Backman, who had already moved to rural Idaho, wanted to get the deal closed. He even agreed personally to loan the buyer $53,500 to seal the sale. But the loan payments quit coming. The house fell into foreclosure. Then one day, federal agents told him he might have been the victim of an elaborate mortgage-fraud scheme.(1) Now Backman worries that if he doesn't get his money back, he'll lose his current home.

***

• [I]n this case, the defendants in some instances got unwitting home sellers to extend their own private loans — called "carry-back notes" — to the phony buyers, the prosecutors say. The sellers lost it all when no one paid on the primary bank loans and the homes were foreclosed.

• Backman said that's exactly what happened to him. He had been counting on it to fulfill a short-term loan he took for the down payment on his current home. Now he has to come up with $50,000, or he's in real trouble.

For more, see Five nabbed in alleged mortgage-fraud scheme in Pierce, King counties.

For the U.S. Attorney (Washington State - Western District) press release, see FIVE ACCUSED IN MORTGAGE FRAUD SCHEME THAT CHEATED BANKS AND PROPERTY SELLERS (Real Estate Agents, Mortgage Loan Originators, and Escrow Company Employee Conspire in $18 Million Fraud):

• [I]n this scheme, the conspirators did not just damage banks and financial institutions. Innocent sellers were harmed when they agreed to loan the buyer a portion of the purchase price, to be paid back over time. The sellers did not know that the conspirators had already obtained 100 percent financing from commercial lenders. When payments were not made and properties fell into foreclosure, and then were sold for less than the total of all loans secured by the property, the sellers holding private notes were left with nothing.

(1) The prosecution documents allege the conspiracy involved dozens of falsified real-estate sales used to scam banks and innocent sellers all over King and Pierce counties out of at least $18 million in at least 80 loans. Indicted were real-estate agent Humberto A. Reyes-Rodriguez, 42, of Federal Way — known to Backman and others as Tony Reyes; real-estate agent Alexis Ikilikyan, 29, of Auburn; Ikilikyan's ex-husband, William S. Poff, 37, of Michigan; Micki S. Thompson, 54, an escrow agent from Tacoma; and Mario A. Marroquin, 38, of Kent.

Ex-Cop Charged With Recording Bogus Deeds Putting Homes In Foreclosure Into His Name, Then Renting Them Out To Unsupecting Tenants

In West Palm Beach, Florida, WPBF-TV Channel 25 reports:

• The Palm Beach County Sheriff's Office announced the arrest of a former West Palm Beach police officer Thursday. Carl Heflin is accused of stealing more than two dozen properties that were about to go into foreclosure.

• Detectives said Heflin forged names on the property deeds and would then rent those properties to people, take their deposit money and refuse to let them move in. "All of these properties are in some sort of foreclosure," said Palm Beach County sheriff's detective Michael Antinoro. "People are either trying to work it out or they are just walking away from the property," he said.

• Heflin allegedly made money off the scheme by duping renters. "He'll take money from tenants," explained Antinoro. "Sometimes he'll kick the tenants out; sometimes he'll take the money from the tenants and have no thought about moving them in to begin with."

• Heflin was arrested on charges of scheme to defraud. Antinoro said he'll also be facing charges of burglary and grand theft.

Source: Ex-Cop Charged In Home Foreclosure Scheme (Former W. Palm Beach Officer Accused Of Stealing Properties Near Foreclosure, Duping Renters).

Go here, Go here, Go here, Go here, Go here, Go here, Go here, and Go here for other posts related to deed or refinancing scams by forgery, swindle, power of attorney abuse, etc.

Go here, Go here, go here, and go here for posts on phony landlord rent scams. KappaPhonyLandlordScam

Federal Jury Awards Forklift Operator $500K In Suit Against Out-Of-Control Bill Collector

In San Jose, California, the San Jose Mercury News reports:

• With a straight back, short haircut and stern face, Manuel Faustos looks more like an Army sergeant than a farmworker, and he certainly doesn't sound like a happy man who stands to collect a lot of money from a bill-collection agency that hounded his family without mercy.

• "I don't care about the money,'' Faustos said in the kitchen of a modest tract home in Gonzales, a farming town an hour's drive south of Silicon Valley. A naturalized U.S. citizen, he and his wife, Luz, speak mostly Spanish. "It was never about the money. It was about protecting my family, providing for my wife and children. These people threatened to take it all away from me.''

• Sorry, he said, but he won't be laughing on his way to the bank to deposit a $500,000 check. That's how much money a federal jury recently granted the couple after a short trial in San Jose.

***

• According to court records, [Georgia-based Credigy Services Corp.'s] callers threatened to take their home and savings, garnish Manuel's wages as a forklift operator and ruin their credit. Desperate for help again, the couple turned to the Watsonville Law Center, a nonprofit agency that represents the rural poor. The law center hooked them up with attorney Balam Letona, a Santa Clara law school graduate who seemed to be heaven sent. [...] After nine days in court, the jurors [...] awarded the couple $100,000 in damages and $400,000 in punitive damages.(1)

For the rest of the story, see Farmworker couple wins $500,000 verdict against bill collector.

(1) As collection activities rise, more people will seek relief under the Fair Debt Collection Practices Act, the Federal law that regulates the conduct of debt collectors.

New York AG Obtains Court Order Shutting Down Two Debt Collection Agencies For Illegal Business Practices

From the Office of the New York Attorney General:

• Attorney General Andrew M. Cuomo [...] announced that his office has launched a statewide inquiry into debt collection companies. As part of the inquiry, the Attorney General’s Office obtained a court order against Lamont Cooper and his two debt collection companies, Emanee Development, Inc. and Dial Tech LLC,(1) under which the companies will shut down and Cooper will be forced to pay restitution to consumers statewide.

• According to Cuomo’s Office, Cooper’s companies unlawfully lied to consumers, threatened to arrest them, and intimidated them into paying debts that they sometimes did not even owe. They would often call third parties like neighbors or employers to further embarrass and harass consumers. The Attorney General also announced that his Office has subpoenaed nearly 20 other debt collectors across the state in his ongoing investigation into various facets of the debt industry.

For more, see Attorney General Cuomo Launches Inquiry Into Debt Collectors Across New York State (Cuomo Shuts Down NY Collection Agencies That Threatened and Intimidated Consumers Into Paying Debts They Didn’t Owe; Sends Subpoenas to Nearly 20 Debt Collectors Statewide).

(1) According to the Attorney General's Office, Cooper operated Emanee and Dial Tech, which did business under the names of various shell companies and fictitious law firms across the state, including: Claims Process Services, Claims America, CMC Recovery Services, Lomax & Barnes and Murray, Bradshaw & Associates.

After Paying Firm $5,600 For Failed Loan Modification Of Unaffordable Mortgage, Brooklyn Homeowner Gets Needed Changes To Terms On Her Own

In Brooklyn, New York, Newsday reports:

• After months of trying to get mortgage relief using American Modification Agency, Brooklyn resident Rolett Brown is now working with South Brooklyn Legal Services to try to get back the $5,600 she paid AMA, based in Hauppauge and founded by executive Salvatore Pane. He also owns Amerimod, a separate Uniondale company that's Long Island's largest modification firm.

• Brown, who needed help after the monthly payment for her adjustable rate mortgage rose to $3,700 last July, said she paid AMA last summer, using two credit cards and a loan from her retirement fund. Her loan modification application was denied - twice. AMA wanted to try a third time. Brown said no. Then, she said, she connected with city officials and her bank's representatives and was able to get the changes she needed on her own. AMA hasn't refunded her money, she said. "I feel betrayed," Brown added.

For the story, see Foreclosure rescue firms under scrutiny (Federal and NY regulators moving to weed out scam operations with tighter rules).

Cost For Homeowners To Countersue Lenders When Contesting Florida Foreclosure Actions In State Court Skyrockets

The South Florida Sun Sentinel reports:

• Starting [June 1], the cost to file a notice of foreclosure in Florida jumps dramatically. State lawmakers approved the hike from $301 to between $401 and $1,906, depending on the value of the property. Few people will shed any tears for the lenders and homeowners associations that have to fork over the extra cash.

• But get this: homeowners and lien holders who want to contest a foreclosure in some way will have to pay plenty more as well. Those filing a foreclosure cross-claim, counterclaim, counterpetition or third-party complaint used to pay $295. Now the fee is $395 to $1,900, depending on the property value.

***

• For the old foreclosure fees, click here. For the new foreclosure fees, click here.

Source: Filing a foreclosure notice in Florida? Prepare to pony up.

Almost Half Of All Mortgages Are Serviced Using One Firm's Data Processing System

The following is an excerpt from a recent press release from Lender Processing Services, Inc.:

• Lender Processing Services, Inc. (LPS)(1) is a leading provider of integrated technology and services to the mortgage industry. [...] Approximately 50 percent of all U.S. mortgages are serviced using LPS's Mortgage Servicing Package (MSP). In fact, many of the nation's top servicers rely on MSP, including eight of the top 10 and 14 of the top 20. LPS also offers proprietary mortgage and real estate data and analytics for the mortgage and capital markets industries.

Go here for the Lender Processing Services press release.

For more on Lender Processing Services, Inc., see:

• Bloomberg News: Lender Processing Falls 29% on Report of Inquiry (A ruling by Judge Diane Weiss Sigmund in U.S. Bankruptcy Court in Philadelphia questioned inaccurate court filings made by HSBC Mortgage Corp. in a personal bankruptcy case. HSBC relied on electronic information from an LPS system that manages foreclosure data),

• The Wall Street Journal: DOJ Probing Mortgage Data Processing Firms (The Department of Justice is conducting a nationwide probe of the company whose automated systems handle half the mortgages in the U.S., looking for evidence Lender Processing Services Inc. (LPS) has "improperly directed" the actions of lawyers in bankruptcy court) (may require subscription; if no subscription, try here, then click link for the story).

********************

The use of these types of data processing systems in the context of filing foreclosure actions was the target of a scathing ruling (at page 58) in a recent Federal bankruptcy case in which the judge made this observation (among others):

• The thoughtless mechanical employment of computer·driven models and communications to inexpensively traverse the path to foreclosure offends the integrity of our American bankruptcy system. It is for those involved(2) in the process to step back and assess how they can fulfill their professional obligations and responsibly reap the benefits of technology. Nothing less should be tolerated.

For the court ruling, see In re Niles C. & Angela J. Taylor (Case No. 07-15385-DWS, Bankr. E.D. Pa., April 15, 2009).

*****************

The use of company employees to act as "multiple corporate hat-wearing dummy vice presidents" for the various lenders and loan servicing companies using these data processing systems when initiating foreclosure actions has also been the focus of some controversy. Go here for more on multiple corporate hat wearing dummy vice presidents.

(1) On July 2, 2008, LPS was spun-off from Fidelity National Information Services, Inc. through a tax free distribution of all of its shares to Fidelity shareholders. Form 10-Q for Lender Processing Services, Inc. http:/biz.yahoo.com/e/080813/lps10-q.html.

(2) This footnote is not from the court ruling. Reference here is being made to the assembly line, foreclosure mill law firms and their employees who, in my view, willfully blind themselves to the practices of the foreclosing lenders that they represent, and otherwise allow themselves to be roped in and used by their clients as mere lackeys in the foreclosure process. SloppyForeclosuresAlpha

Feds Hammer Countrywide's Mozilo, Two Top Deputies In Securities Fraud Civil Suit; Allegedly Hid Firm's Crumbling Finances During Subprime Meltdown

In Los Angeles, California, Bloomberg News reports:

• Former Countrywide Financial Corp. Chief Executive Officer Angelo Mozilo and two of his top deputies were sued by regulators for allegedly hiding the home lender’s deteriorating finances as the subprime mortgage crisis unfolded.

• While publicly reassuring investors about the quality of his loans, Mozilo issued “dire” internal warnings and engaged in insider trading accelerating stock sales to reap about $140 million, the agency said in the suit at Los Angeles federal court.

• In one e-mail, he described a “particularly profitable subprime product as ‘toxic.’” He also wrote that Countrywide was “flying blind” and had “no way” to determine the risks of some adjustable-rate mortgages, the SEC said.

• “Each of the defendants was aware, but failed to disclose, that Countrywide’s current business model was unsustainable,” the agency wrote in the suit, which also named former Chief Operating Officer David Sambol, 49, and former Chief Financial Officer Eric Sieracki, 52. All three defendants denied the agency’s claims.

For more, see Countrywide’s Mozilo Saw Loans as ‘Toxic,’ SEC Claims.

For more from the U.S. Securities & Exchange Commission on this story:

• Press release: SEC Charges Former Countrywide Executives With Fraud (Former CEO Angelo Mozilo Additionally Charged With Insider Trading),
• Excerpts of E-Mails From Angelo Mozilo,
• Lawsuit: SEC v. Mozilo, et al. (C.D. Cal., Civil Action No. CV 09-03994 (VBF)).

"Produce The Note" Approach Now Required Of Lenders In Nevada Foreclosures Where Homeowner Requests Mandatory Mediation

The Las Vegas Sun reports:

• Homeowners facing foreclosure may have a new friend on their side, if they’re willing to pay for it — a judge. A new state law, signed by Gov. Jim Gibbons and which takes effect in July, allows homeowner-occupants facing foreclosure to demand a sit-down mediation with lenders, overseen by a retired judge or an attorney. It’ll cost homeowners up to $200, but it might help them save their homes.

***

• [A]t best for homeowners, the process might stave off foreclosure altogether because of a major technicality. One of the more dramatic components of the foreclosure mediation law compels lenders to produce promissory notes, showing that money is owed, and deeds of trust, showing the banks’ security on the loans. If they can’t, then mediators could reduce the loans significantly, allowing struggling homeowners to stay put. “It’s a basic consumer protection that most states are looking at,” says Assembly Speaker Barbara Buckley, who wrote the bill. “We don’t want people paying mortgages to people who don’t own the mortgage.”(1)

***

• Previous to the passage of the Nevada law, lenders here had to file three documents in the foreclosure process: a 90-day notice-of-default and election to sell, a 21-day notice-of-sale and a three-day eviction notice, [...]. Upon receiving the 90-day default notice under the new law, homeowners have 30 days to seek mediation.

For more, see Foreclosure help could hinge on who holds the note.

For a graphic illustration of how promissory notes get "chopped up" in the securitization process, see Why Your Lender May Not Have Your Mortgage Papers.

For posts that reference the failure of mortgage lenders and their attorneys to file the proper paperwork when bringing foreclosure actions, Go Here, Go Here, Go Here, Go Here, Go Here, Go Here, and Go Here.

(1) This new law comes on the heels of a recent Nevada bankruptcy court ruling encompassing 27 cases in which Mortgage Electronic Registration Systems, Inc. was prohibited from representing lenders seeking to foreclose on delinquent homeowners already in bankruptcy unless it could produce the actual loan note.

• For the story: Judge's ruling deals blow to national mortgage servicer,
• For the court ruling: In re Mitchell (Chapter 7, Case No. BK-S-07-16226-LBR, Bankr. D. Nv.). EpsilonMissingDocsMtg

Ex-Mortgage Broker Gets 9+ Years In Subprime, Straw Buyer Mortgage & Foreclosure Rescue Scams Involving $200M+ In Fraudulently Obtained Loans

In New York City, The Wall Street Journal reports:

• A one-time mortgage broker was sentenced to more than nine years in prison Thursday after pleading guilty last year in a home-foreclosure rescue scheme and in a separate scheme to defraud subprime lenders. Aleksander Lipkin was sentenced to 110 months in prison, to be followed by five years supervised release at a hearing [...] in Manhattan. He also was ordered to forfeit $7 million and to pay $11.6 million in restitution.

***

• Prosecutors had alleged that Lipkin, from 2004 to 2007, was a leader of a scheme to defraud subprime and other lenders by using so-called "straw buyers" and submitting false information to lenders on loan applications. The scheme involved at least $200 million in loans, prosecutors said. Twenty-six people have pleaded guilty or been convicted of criminal charges in the subprime scheme.

• The government also had alleged Lipkin participated in a separate home foreclosure rescue scheme involving more than $20 million in loans. The scam allegedly targeted homeowners facing foreclosure - primarily in Brooklyn and the Bronx - between November 2003 and April 2005, prosecutors said.

For more, see Ex-Mortgage Broker Sentenced To 110 Mos In Subprime Scam (may require subscription; if no subscription, try here, then click link for the story).

For the U.S. Attorney (New York - Southern District) press release, see EIGHT SENTENCED IN MULTIMILLION-DOLLAR MORTGAGE FRAUD AND FORECLOSURE RESCUE SCHEMES.

In a related, February 9, 2009 New York Law Journal story on one of the attorneys that was embroiled in this scam, see N.Y. Attorney Convicted of Mortgage Fraud (Alexander M. Kaplan, 34, of Lerner & Kaplan, sat stoically at the defense table while a jury of 10 women and two men pronounced him guilty on all 18 counts in an indictment charging him with conspiracy and bank, mail and wire fraud).

Wells Whistleblowers Call Lending Practices "Riding The Stagecoach To Hell" In Testimony Claiming Blacks Were Targeted In Baltimore City Subprime Suit

In Baltimore, Maryland, The Daily Record reports:

• The city of Baltimore has beefed up its groundbreaking racial discrimination lawsuit against Wells Fargo with sometimes shocking testimony from a pair of the megabank’s former subprime-loan officers. The two whistleblowers claim their co-workers targeted black ZIP codes and churches, used software to “translate” marketing materials into African-American vernacular, and referred to subprime loans in minority communities as “ghetto loans” and to borrowers as “mud people.”

• Their declarations were attached to an amended complaint filed Monday in U.S. District Court in Baltimore. The loan officers, who worked for Wells Fargo in the Baltimore-Washington area from the late 1990s until 2007, also alleged bank employees deceptively steered prime borrowers into subprime loans for their own financial benefit and joked that they were “riding the stagecoach to Hell.”

• The city also filed declarations from four city residents who live near Wells Fargo’s foreclosed properties. They complained of squatters, rats and burst pipes, all of which have required attention from some city department. It cites 10 studies, including one specific to Baltimore, which studied reverse-redlining in black neighborhoods; and updated the foreclosure data to include the first part of 2009.

For more, see Ex-workers allege race-based loan approach at Wells Fargo (if link expires, try here).

Go here, Go here, and Go here for other posts on alleged discrimination in real estate transactions. DiscriminationPredatoryLendingAlpha

New York AG Files Suit Against Two Out-Of-State Debt Settlement Businesses; Accused Of Pocketing Fees, Failing To Fulfill Promises

From the Office of the New York Attorney General:

• Attorney General Andrew M. Cuomo [...] announced a new development in his nationwide investigation into the debt settlement industry, filing suit against two debt settlement companies for fraudulent business practices and false advertising. Cuomo filed suit against CSA-Credit Solutions of America, Inc. (“CSA”),(1) based in Richardson, Texas, which is one of the largest debt settlement companies in the country. He has also filed suit against Nationwide Asset Services, Inc. (“NAS”),(2) based in Phoenix, Arizona, along with its affiliates - ServiceStar LLP and Universal Debt Reduction, LLC - and its marketer, FGL Clearwater, Inc. d/b/a American Debt Arbitration, based in Florida.

For more, see Attorney General Cuomo Sues Debt Settlement Companies For Deceiving And Harming Consumers (Cuomo Files Suit against Credit Solutions of America, One of the Nation’s Largest Debt Settlement Companies, and Nationwide Asset Services for Fraud and Deceptive Advertising; Launches Website - www.NYDebtHelp.com - that Explains Consumer Rights and Outlines the Attorney General’s Investigation).

(1) According to the NY AG, approximately 18,000 New Yorkers signed up as customers of Credit Solutions of America between its inception in January 2003 and September 2008. CSA promised a sixty percent reduction in its consumers’ outstanding debt, but an average of one percent of consumers received that savings. Many consumers have faced continued harassment and lawsuits by their creditors, despite CSA’s promise to intervene on their behalf. CSA has collected approximately $17 million in fees from New York-based consumers, AG Cuomo said.

(2) According to the NY AG, approximately 2,000 New Yorkers became customers of Nationwide Asset Services, Inc. between January 2005 and May 2008. NAS promised a twenty-five to forty percent reduction in its consumers’ outstanding debt, but only one-third of one percent of consumers received that savings. Customers suffered continued harassment and lawsuits by creditors and had their credit ratings destroyed, AG Cuomo said.

California Foreclosure Consultants Now Required To Register With State AG, Post $100K Bond

From the Office of the California Attorney General:

• Continuing his fight against scam artists who "prey on" vulnerable Californians, Attorney General Edmund G. Brown Jr. [Monday] issued a directive forcing foreclosure consultants to register with his office and post a $100,000 bond by July 1, 2009.(1) Those who fail to do so will be in violation of state law, subject to criminal penalties of up to a year in jail and fines ranging from $1,000 to $25,000 per violation. "California is awash with con artists who prey on vulnerable families facing foreclosure," Brown said. "By forcing foreclosure consultants to submit detailed information to my office and post a $100,000 bond, this registry will help bring long-overdue transparency to this shadowy world."

***

• If the company violates the law, a court may order restitution to victims out of proceeds from the $100,000 bond. In order to obtain a Certificate of Registration by July 1, 2009, foreclosure consultants should send in their registration application and materials as soon as possible so they can be reviewed prior to July 1.

Go here for a copy of the registration forms.

For the entire press release, see Brown Directs Foreclosure Consultants to Register with his Office and Post $100,000.

(1) All foreclosure consultants operating in California must post a $100,000 bond and register with Brown's office by July 1, 2009 and submit the following information:

• Name, address, and telephone number;
• All names, addresses, telephone numbers, websites, and e-mail addresses used or proposed to be used in connection with their business;
• Copies of all advertising;
• Copies of each different contract the consultant will use with consumers; and
• A copy of its $100,000 bond. loan modification

Alabama Family Settles With Feds Over Mold Infestation Caused By Roof Leak In Adjoining Foreclosed Townhome Owned By HUD

In Trussville, Alabama, WVTM-TV Channel 13 reports:

• A Trussville family ousted from their home because of a mold problem has resolved their case with the Federal Government. Leslieanne Johannsen, her husband and two young children had to move out of their townhome on New Year’s Day when they discovered a roof leak in the adjoining unit had caused mold to spread like wildfire into their walls, floors as well as the heating and cooling vents.

• That adjoining unit had become the property of the Federal Department of Housing and Urban Development after the home went into foreclosure in the fall of 2008. Local contractors had been handling the situation for HUD. But the Johannsens were not able to get a satisfactory response. Once NBC13HD became involved, officials from the Birmingham HUD office took made their first visit to the home to get a first-hand look at the damage. The Johannsens have now settled with the government.

For more, see Trussville family settles with HUD over mold infestation.

Harvard Law Class Of 2009 Sets School Pro Bono Record

In Cambridge, Massachusetts, Harvard Law School News reports:

• Demonstrating a strong commitment to public service, the class of 2009 put in a record total of 308,605 pro bono hours, more than any previous class. This year’s graduates achieved an average of 542 hours of pro bono work per student, 502 hours more than the 40 required for graduation. Ninety-six students provided more than 1,000 hours of free legal services during their years at HLS.

For more, see Class of 2009 Racks up Record 308,605 Hours of Pro Bono Service.

NYC Pro Bono Recruiting Effort Continues

In The Bronx, New York, the New York Law Journal reports:

• NYC Legal Outreach will hold its second meeting [Monday, June 8] to recruit attorneys to provide pro bono representation for the growing number of unrepresented consumers with financial and immigration problems. The campaign is a joint effort by the judicial and executive branches to expand pro bono legal assistance. In a May 12 letter to bar groups, law schools and the 100 largest law firms, Mayor Michael R. Bloomberg and Chief Judge Jonathan Lippman said NYC Legal Outreach will target four key areas: foreclosure, eviction, immigration and consumer credit. In particular, the project seeks lawyers who will "direct their energies outside of Manhattan to residents of neighborhoods where the problems are the most pressing, and the needs the greatest," said Corporation Counsel Michael A. Cardozo.

• At a press conference in April, Judge Fern A. Fisher, deputy chief administrative judge for courts in New York City, said there were some 600,000 filings last year in consumer credit and housing cases. Up to 90 percent to 95 percent of litigants in housing cases are unrepresented, and as many as 99 percent of litigants in consumer credit cases appear pro se. [Monday night's] meeting begins at 6 p.m. at the Bronx Supreme Court, 851 Grand Concourse, Courtroom 711. Additional meetings will be held on June 17 on Staten Island, June 22 in Manhattan and June 25 in Queens. For more information, e-mail probonosvp@law.nyc.gov or call 212-442-9031.

Source: Attorney Volunteer Effort Meets in Bronx.

More Problems With Loan Modification Firms

The following links are to stories on financially strapped homeowners reporting problems with loan modification companies they hired to help resolve their mortgage problems:

• Oceanside, California: Couple brings loan modification fees into question. Warnings cautioning homeowners about paying upfront consultant fees in last-ditch efforts to avoid foreclosure may have been too little, too late for homeowners Ryan Walker and Kelly Hart. “She told us we were perfect candidates,” Hart said. “We met all the qualifications for a modification. They said it would be 30 to 45 days.” That guarantee was never made in writing, however. “Their attorney supposedly had a 99 percent success rate when working with candidates like us,” Walker said. “She sold us a good story.” In October 2008, they paid the $3,495 service fee with a cashier’s check hoping to have some financial relief by the end of the year. In the nearly seven months since, Walker and [Hart] have received about 30 e-mails from Mary Moi, the Better Life modification specialist assigned to their case after they paid the fee, but there has been no change in the status of either of their mortgages.

• Indianapolis, Indiana: Hoosiers falling victim to foreclosure scams. Laura Bailey and her husband lost their jobs and missed mortgage payments. The bank foreclosed and a sheriff's sale notice arrived. Desperate, they called a mortgage foreclosure consultant. "When someone tells you 'for this amount of money we can stop all this,' you think 'great,'" said Bailey. New Hope Modifications took $1,250 of the couple's money, then shut down. The Federal Trade Commission charged the New Jersey company with false advertising. It claimed it was part of the non-profit, government-endorsed mortgage assistance network. New Hope is one of many suspected fraudulent businesses authorities are trying to close. "They are like vultures. They go after people who are down on their luck," said Bailey.

• Phoenix, Arizona: Loan modification scam leaves Phoenix woman facing foreclosure. Not one but two Valley families fell for the same promise, come up with some cash and we'll save your home from foreclosure. Weeks and then months went by and the families still found themselves facing foreclosure. Their mortgages were not modified. That’s when law enforcement got involved and so did 3 On Your Side. In one particular neighborhood alone, two houses back to back both signed up with Jose Chavez. In total, Chavez reportedly collected $8,000 in cashier’s checks. Phoenix police and the FBI got involved and they are now looking in to theft allegations against Jose Chavez.

• Middletown, Pennsylvania: Couple lose home despite ability to pay (One payment was returned, and mortgage service firm refused to negotiate after they got behind). After inadvertently failing to mail a mortgage payment, Richard & Patricia Meredith's mortgage company, Wells Fargo, threatened foreclosure. About the same time, the Merediths got a postcard from a foreclosure rescue company called American Housing Authority in California offering to help. It seemed to be just what they were looking for, Patricia said. American Housing Authority told them to send $4,500 to Wells Fargo, but the money was returned for reasons the Merediths can't explain. American Housing Authority started demanding payments to continue negotiating on behalf of the couple, the Merediths said. They sent the company $1,200 in 2007 but balked when it asked for more, because they hadn't seen results. In February 2008, the Merediths' home was foreclosed on by Litton Loan Servicing in Houston, which services Wells Fargo loans. As for the money and time the couple spent with American Housing Authority, it's not clear what, if anything, the company did for the Merediths. Though the Pennsylvania attorney general's office has had no dealings with American Housing Authority, the company has been sued by the attorneys general in several other states, including Illinois, Ohio and Minnesota. A contact number for American Housing Authority could not be found.

Watch Out For Mail Solicitations Simulating Official Forms & Letters From Government Agencies Offering Mortgage Help

The New York Times reports:

• The letter may look like a government form. The logo may seem official. The Web site address may sound like an agency that can help. But there's a good chance it may all be a scam.

***

• ''With people losing homes, you're at your most vulnerable,'' said Roscoe Howard, a Treasury Department spokesman. ''It's a lot like being a poor swimmer and being thrown into a lake, you're going to reach for whatever you can.'' Even for wary consumers, it may be hard to tell if the line being thrown by a company will sink you.

• A letter sent out earlier this month by Bridgewater, N.J.-based Financial Solutions Today LLC is a good example of the difficulty assessing a company. The letter is designed to resemble a W-2 or other form from the Internal Revenue Service, with boxes across the top and a similar typeface. It suggests the recipient ''may be eligible for a special modification program according to guidelines created in conjunction with the Government Stimulus Program HR 1106: Helping Families Save Their Home Act.'' The bill that bore that number in the House of Representatives actually used the plural ''Homes'' in its title, a subtle misspelling that consumer advocates say is the type of thing that should be a red flag for recipients.

For more, see Mortgage Relief Scams Mushroom as Crisis Winds On. loan modification

It's Standing Room Only At Sarasota Foreclosure Court's "Rocket Docket"

In Sarasota, Florida, the Tampa Tribune reports:

• Lawyers and frantic homeowners cram together, creating a standing-room-only crowd before Judge Harry Rapkin's foreclosure court. [...] Rapkin, now retired, comes in on a part-time basis to oversee what's become known as the "Rocket Docket." And he gave everyone the same advice: "You need a lawyer." [...] The court, aimed at moving foreclosures through the judicial system at a quicker pace, stems from an effort to unclog dockets and still give the little guy a voice.

For more, see It's fast, furious at Sarasota's 'Rocket Docket' court.

South Carolina Homeowner Loses Home In Sale Leaseback Foreclosure Rescue Deal

In Myrtle Beach, South Carolina, WMBF-TV reports:

• The home is the centerpiece of the American dream. A dream that for Larry Revels has turned into an unimaginable nightmare. "They said that they would stop the foreclosure and keep me in my house," he said. As his home was nearing foreclosure two years ago, he got a flier in the mail offering him a way out. He would sell his house then pay rent to continue living in it. The company paid $80,000 for it. But now they want him to pay $127,000 to get it back, he said. Plus, he's now paying $1,000 in rent instead of making his old $700 mortgage payment.(1)

For more, see Homeowners lose houses to scams.

(1) This deal appears to have some of the earmarks of an equitable mortgage (and, perhaps, a usurious equitable mortgage).

Missouri AG Files Suit Against Two Mortgage Refinancing Firms Accused Of Calling Consumers Having Phone Numbers On State's "Do Not Call" Registry

In Jefferson City, Missouri, the St. Louis Post Dispatch reports:

• Missouri Attorney General Chris Koster announced today suits against two area mortgage-refinancing companies that allegedly called consumers who have placed their telephone numbers on the state’s Do-Not-Call registry. Koster’s office says in a press release that the suit is part of a “zero-tolerance stance against illegal mortgage operations.”

• Last month, Koster sued two other refinance companies, arguing that they misled consumers with deceptive mailers, and a third firm for allegedly bilking consumers with a useless and expensive foreclosure-consulting service. The latest suit is against SJS Investments and A & J Mortgage Brokers, which does business as Equity One Mortgage. The companies are based in St. Peters and Hillsboro, Missouri.

For more, see Koster: Mortgage-refinance firms called consumers on no-call list.

For the Missouri AG press release, see Attorney General Koster sues to stop mortgage-refinancing telemarketer from calling Missourians on the no-call list.

Las Vegas Family Loses Home to Foreclosure Over $39 Fee, Despite Being Otherwise Current On Loan Modification Agreement With Lender

In Las Vegas, Nevada, KVBC-TV Channel 3 reports:

• "Your house has been sold based on the fact you failed to send a $39 contribution. We figured by you not sending that, you didn't want to stay in the house."

• That's what American Servicing Company, a division of Wells Fargo, told David Zepeda earlier this month. That conversation came after a notice of new ownership was taped to his door telling him, his wife, and his two children that their home had been sold May 8.

In April, the Zepedas reportedly signed a loan modification agreement that called for:

• The bank lowered the interest rate on the loan, which totaled $280,000,
• It gave them a fixed rate of five percent for 30 years,
• To get the modification, they had to make five payments of $1,500, which was done,
• The new, lower mortgage payment - according to the signed agreement - wasn't due until June 1.

However, the house was sold May 8. According to the homeowner, Wells Fargo reportedly told him its trying to rescind the foreclosure sale of his home to Deutsche Bank.

For more, see Did family lose house over $39?

Treasury Department Issues Alert On Scammers Using Fraudulent Promissory Notes & Bonds In Attempt To Buy Real Estate, Vehicles

The U.S. Treasury Department has informed the National Association of Realtors ("NAR") by letter of a new fraud that is making the rounds:

• The Department of Treasury, Office of Inspector General (OIG) is investigating incidences whereby individuals are using fraudulent promissory notes and bonds to attempt to purchase vehicles and real estate. The OIG has been notified of numerous occurrences throughout the United States where fraudulent documents were used to attempt to purchase vehicles. Treasury OIG has also been made aware of incidents in Arizona and Colorado where similar fraudulent documents were used to attempt to purchase homes and an office building.

According to a related Treasury department press release:

• Fraudulent seminars are being held throughout the United States, which teach attendees how to create the aforementioned fictitious documents and how to use federal routing numbers.

Go here for the entire NAR letter, here for the related Treasury department press release, and here for:

• Sample Fraudulent Promissory Note,
• Sample Fraudulent Private Bond.

Elk Grove Cop Charged With Lying On Mortgage Applications; Brother, Sister-In-Law Accused Of Pocketing $200K In Separate Refinancing Scheme

In Elk Grove, California, KXTV Channel 10 reports:

• An Elk Grove police officer has been charged by federal authorities for allegedly lying on mortgage loan applications to buy two homes that later went into foreclosure. Hidayatullah Ali Khalil, 29, was arrested Thursday by the FBI on a three-count complaint and made an initial appearance in Sacramento federal court before being released on a $75,000 unsecured bond.

***

• According to the complaint, Khalil pulled more than $100,000 in cash out of the Elk Grove house in two separate transactions. Property records show both homes were sold at auction last year. [...] The FBI said its investigation into Khalil was continuing, with possibly more searches and arrests to come.

• Khalil's brother and sister-in-law also made an intial federal court appearance Thursday for their role in an alleged equity-stripping scheme involving a house in El Dorado Hills that later went into foreclosure. They, too, were released on bond. IRS criminal investigator Christopher Fitzpatrick said Amanullah and Muzdha Khalil lied on a refinancing application to pull nearly $200,000 in cash out of the house [...].

For the story, see Elk Grove Cop Charged with Mortgage Fraud.

Thanks to Tim McDaniel for the heads-up on this story.

Manhattan Feds Bust Alleged Equity Stripping, Mortgage Fraud Scam; 13 Suspects Charged

In Islip, New York, the New York Daily News reports:

• The feds busted up a $10 million mortgage scam that had left city and Long Island homeowners facing eviction. The scheme, run out of Bridgewater Funding in Islip, L.I., targeted dozens of residential properties in the $200,000 to $500,000 range, Manhattan prosecutors said [Thursday].(1)

• The mortgage brokerage firm would approach homeowners who were facing foreclosure and convince them to sell their homes to straw buyers they had recruited, prosecutors said. The fraudsters then told the homeowners they could stay in their houses and that they would make the mortgage payments until they could resell the home at a profit. Using the names of the straw buyers, the ring then took out mortgages that were for more than what they had paid for the houses.

• After pocketing the difference, Bridgewater never made any mortgage payments, leaving the straw buyers on the hook - and the homeowners facing eviction.

For more, see Feds bust ring in $10M mortgage scam.

For the U.S. Attorney (New York - Southern District) press release, see: THIRTEEN CHARGED WITH MORTGAGE FRAUD RUN OUT OF ISLIP, NEW YORK, MORTGAGE BROKERAGE FIRM BRIDGEWATER FUNDING, LLP.

(1) Those charged are loan officers Micah Meyers, Jakob Gearwar and a man known as Eddie Garcia; office manager Brian Urraro; loan processor Michael Didio; attorneys Stephen Caputo and Dawn Hughes; alleged straw buyers Jennifer Moschitta, Victor Avendano, Adrian Avendano, Janet McGuinness and Liam Leavey; and Daniel Hampton, charged with falsely verifying their employment information to lenders.

Minnesota Feds Convict Mortgage Broker In Equity Stripping, Foreclosure Rescue Scam; Victims Duped Into Believing Deals Were Mere Refinancings

From the Office of the U.S. Attorney (Minnesota):

• A federal [trial] jury [...] convicted a 41-year-old Prior Lake man on seven criminal counts in connection with an equity-skimming scheme that targeted vulnerable homeowners. After more than six hours of deliberation, on May 20 in St. Paul, a jury found Michael Fiorito guilty on all counts against him, including one count of conspiracy to commit mail fraud and six counts of mail fraud.

• According to the indictment and evidence presented during the nearly three-week trial, Fiorito was a mortgage broker at three different Minnesota mortgage companies from 2003 through January 2007. Working with his assistant, Kristin Louise Jerde, he devised a scheme to defraud homeowners who were in foreclosure or behind on their mortgage payments.

• Specifically, Fiorito and Jerde caused homeowners to refinance their homes. They then stole some or all of the equity checks produced through the refinancing process. They also induced homeowners to sell their homes to Fiorito and then stole the checks paid to the victims out of the closing of the sale. Many of the victims who sold their homes to Fiorito did not know they were actually selling their homes because Fiorito misled them into believing that they were only refinancing their homes.

***

• Fiorito sought out and contacted homeowners and encouraged them to hire him to arrange a refinancing or sale. In some cases, Fiorito promised homeowners that they would receive checks in the amount of the equity in their homes, but he then either intercepted the checks or else used physical intimidation to force homeowners to endorse the checks over to him. In most cases, Fiorito caused the homeowners to execute powers-of-attorney appointing him as attorney-in-fact for the homeowners, which facilitated Fiorito’s theft of checks issued to homeowners when the transactions closed. The homeowners testified at trial that they did not know they had signed documents granting Fiorito permission to take their money. [...] Between January 2005 and March 2007, Fiorito fraudulently converted to his own use more than $400,000 in equity from at least 17 victims, [...].

For the U.S. Attorney press release, see Jury convicts former mortgage broker of defrauding vulnerable homeowners in equity-skimming scheme.

NY Judge Gives Go-Ahead To Tax Foreclosure Sale Despite Property Owner's Failure To Receive Notice Of Action While In County Jail On Unrelated Matter

In Canandaigua, New York, the Daily Messenger reports:

• A property that was slated to be sold at Ontario County’s foreclosure auction May 6 escaped the initial sale. But now it will be sold, following a judge’s decision. The owner of 4530 Blossom Road in Gorham sued the county “over notice issues,” county Assistant Attorney Gary Curtiss said after a meeting Wednesday, [...]. Representing the property owner was attorney David Whitcomb.(1) [...] The outcome of the recent case is “unfortunate,” said Whitcomb, [...].

• In the case of the Gorham property, the owner maintained she never received the notices from Ontario County warning her about the back taxes owed, said Whitcomb. The woman was in Ontario County Jail, serving time for driving while intoxicated, he said. The county’s certified letters sent to her address came back unclaimed and letters sent by regular mail never came back, he said. The woman was in a county facility and the county should have known she didn’t get the notices, said Whitcomb. Within days of hearing arguments in the case earlier this month, state Supreme Court Judge Craig Doran ruled the county could auction off the property. The lot with ranch home at the corner of Blossom Road and Summit Parkway, assessed at $61,500, will go for its highest bid of $32,000.

For more, see Property to be sold by county after lawsuit.

Go here and go here for other posts on foreclosures involving faulty notifications to property owners.

(1) Whitcomb also represented a property owner last year who sued the county over a foreclosure. But in that case, the owner won and was able to keep his parcel. A panel of judges with the state Appellate Division’s Fourth Department overturned a previous ruling that would have allowed the county to auction the parcel over $24 in interest owed by the property owner. foreclosure faulty notice

New FHA Program Allowing Use Of Reverse Mortgages To Purchase Home Prohibited In Texas; OK Everywhere Else

The San Antonio Express News reports:

• Imagine being able to buy a new home with a 40 percent down payment and not ever having to make a mortgage payment for the rest of your life. The Federal Housing Administration early this year approved such a deal as a form of reverse mortgage for home buyers who are 62 or older. But in Texas, the only thing anyone can do is imagine. The home-equity-for-purchase deal is available in 49 states, but not Texas.

***

• [The available] options would be popular with many Texans as they reach retirement age. They won’t be able to do so, however, until the Texas Constitution is amended. Texas lagged [behind] the rest of the nation in offering home-equity and reverse mortgage loans by more than a decade because of the state constitution’s homestead protections.

• Home-equity lending finally was approved in 1997 by a constitutional amendment, followed by reverse mortgages in 1999. One of the Texas consumer safeguards requires owning equity in a house before anyone could apply for a reverse mortgage, which is a form of home-equity lending. No one could foresee the new home-equity-for-purchase option. Take that restriction away, and the home-equity-for-purchase deal becomes available in Texas, allowing lenders to apply reverse mortgage loans to the purchase price of the house.

For more, see Law blocks new reverse mortgage.

Missouri AG Tags Loan Modification Firm With Allegations Of Clipping Homeowners For Illegal Upfront Fees; Seeks Restitution & Civil Penalties

The St. Louis Business Journal reports:

• Missouri Attorney General Chris Koster on Tuesday sued a St. Louis company that allegedly failed to offer the foreclosure relief and mortgage modifications it promised to Missourians. Koster said the company, Gateway Mortgage Modification, charged “large sums of money and promised it would negotiate a new, workable solution on the client’s existing mortgage, including a change in the terms of a loan in order to help the borrower stay in the home and avoid foreclosure.” But a state investigation found that the company took customers’ money and didn’t provide the services, Koster said.

***

• Koster said Gateway has about 200 current clients and continues to solicit more business. [...] The company also requires upfront payments before services, which is illegal in Missouri. The lawsuit seeks restitution for customers and civil penalties.

Source: Koster sues Gateway Mortgage Modification.

For the Missouri AG's press release, see Attorney General Koster continues 'zero tolerance' stance on mortgage scams (Koster files suit to stop company from cheating people seeking foreclosure assistance and mortgage modification).

Parents Testify Against Son Accused & Subsequently Convicted Of Using Forged Documents To Refinance Family Home, Pocketing £55,000

In Gloucestershire, UK, the Daily Mail reports:

• A couple were horrified to discover that their son had remortgaged their home to raise £55,000 which he spent on luxury living, a court was told. Darrell Keen, 26, forged his father's signature to remortgage the family home in the Cotswolds - then blew the surplus cash in four months on restaurants and clothes. Keen did not turn up for his trial at Gloucester Crown Court, but his parents Graham and Rachel Keen were both there to give evidence against him and he was convicted in his absence. Judge Martin Picton issued a warrant for the callous fraudster's arrest and said he would pass sentence on him on June 1st whether he has been found by then or not.

• The jury of seven men and five women had taken just 25 minutes to convict Keen of forging the morgtage application and using a false instrument with intent. Prosecutor Lisa Hennessy said Keen was living with his parents and a lodger in Field Lane, Willersey, Gloucestershire. Darrell switched his father's mortgage from the Kensington Mortgage company to GE Money, raising an extra £55,000 in the process. In June last year, Mr Keen started to realise what had happened when he got a letter from the new mortgage company stating that the repayments were not being made. The next day he was shocked to receive a notice of summons to attend court about the arrears.

For more, see Son secretly remortgaged parents' house to splurge £55,000 on a flat, car, clothes and restaurants.

Loan Modification Outfit Sued By Idaho AG Abruptly Shuts Down; Homeowners, Employees Left High & Dry As Feds, State Slap $700K+ In Tax Liens On Firm

In Coeur d'Alene, Idaho, The Spokesman Review reports:

• Apply 2 Save Inc. in Coeur d’Alene has closed its doors, shutting out hundreds of frustrated customers who did not receive the mortgage help they paid for and employees who are owed wages. The Internal Revenue Service on Monday filed four tax liens totaling more than $663,000 for unpaid 2008 federal unemployment and income taxes. The state of Idaho has filed a nearly $52,000 lien for unpaid withholding tax.

For more, see Tax liens filed against Apply 2 Save (Coeur d’Alene company closes doors).

See also Apply 2 Save leaves clients and workers bewildered:

• The Coeur d’Alene company was sued last month by the state of Idaho for promising mortgage relief it did not deliver. That was April 20. On April 21, employees were issued paychecks that bounced around North Idaho banks like ping-pong balls. Then dozens were laid off or, as the company calls it, “furloughed.”

Virginia Feds Get 3 Guilty Pleas In Scam That Ripped Off $600K+ From Unwitting Homeowners' HELOC Accounts; One Suspect Remains A Fugitive

From the Office of the U.S. Attorney (Eastern District - Virginia):

• Chad Antoine Vieux, age 27, of Central Islip, New York, pled guilty today to Conspiracy to Commit Bank Fraud, [...] and one count of Bank Fraud, [...]. On April 2, 2009, Happie Harris, age 27 of Chester, Virginia, and on May 4, 2009, Sandra Caiby-Ramkissoon, age 37, of Glen Allen, Virginia also pled guilty to the same charges.

***

• According to court documents, beginning in 2007, Caiby, Vieux, and Harris conspired with individuals who targeted victims with large amounts of available credit on their Home Equity Line of Credit (HELOC) and credit card accounts. These other individuals obtained personal and financial information for various victims. They then obtained accounts with companies that provide what is commonly called a “caller-ID spoofing” service. This allowed the individuals to make a call appear as though they were coming from the victims’ homes. Armed with the victims’ financial and personal information, these individuals then called the victims’ financial institution, answered security questions, changed account passwords, obtained account balances, and transferred funds from the victims’ accounts. The funds were ultimately transferred into bank accounts under the control of the defendants.

• Once the defendants received the money, they provided the funds to the individuals who had collected the financial information of the victims and called their financial institutions, keeping a percentage of the funds as payment for allowing their bank accounts to be used to facilitate the fraud. The total fraud and intended fraud perpetrated by the defendants exceeds $600,000.

• Shannon Lamont Greene, a/k/a/ Devonte Carr, Devonte Green, and Shannon Israel, age 32, of New York, was also charged. He remains a fugitive.

For the press release, see Three Defendants Plead Guilty to Conspiracy and $600,000 Bank Fraud Scheme. TheftOfDeedMeta

Pennsylvania Regulator Issues Cease & Desist Orders Against Six Loan Modification Firms

From the Pennsylvania Department of Banking:

• The Department of Banking has ordered six out-of-state mortgage modification companies to end their unlicensed business activities in Pennsylvania. The companies advertise on their Web sites to refinance mortgages in Pennsylvania as part of the loan modification process when they are not licensed to do so. The companies must comply with the orders or file appeals.

The following cease & desist orders have been issued:

• ApplyLoanMod.com, California
• ClearHomeRelief, California
• HomeForeclosureFighter, California
• U.S. Loan Assistance Center, California
• Mortgage Solutions Clearing House, Florida
• American Foreclosure Specialists, Oklahoma

For the press release, see BANKING DEPARTMENT CONTINUES CRACKDOWN ON UNLICENSED MORTGAGE MODIFICATION COMPANIES (Cease and Desist Orders Issued to Companies in CA, FL and OK).

***********

The Department has also suspended the mortgage brokerage license of, and issued a cease and desist order against, U.S. Mortgage Group, Inc. of Philadelphia, for refusing to answer questions and provide documentation about its activities as well as the activities of its affiliate, U.S. Mortgage Mod, LLC, according to a press release. The department had been unaware of the existence of U.S. Mortgage Mod, LLC, which engages in loan modification and debt settlement activities. Both companies are owned by Marc Dambrosio and located at 1617 John F. Kennedy Boulevard.

For more, see:

• Press Release: BANKING DEPARTMENT SUSPENDS LICENSE OF PHILADELPHIA MORTGAGE BROKER,
• Cease & Desist Order.

California Fugitive Suspected Of Stealing, Then Selling, Home With Forged Deed Nabbed By Texas Cops

From the Office of the San Bernardino County, California District Attorney:

• In 2006, the San Bernardino County District Attorney’s Office filed felony charges against Daniel Schrey, 28, formerly of Yucca Valley, involving several counts of Real Estate Fraud. In 2005 and 2006, Schrey and codefendant Abel Gotti, forged the victim's signature on a Grant Deed for property located in San Bernardino County. Subsequently, Schrey and Gotti sold the property to another victim for $185,000.

• On May 9, 2009, the Pecos County Sheriff’s Department arrested Schrey in Fort Stockton, Texas. Schrey was arrested on the outstanding felony warrant that included charges of forgery and grand theft. Gotti pleaded to the felony charges in May 2006.

For the press release, see Former Yucca Valley Man Arrested in Texas for Real Estate Fraud.

Go here, Go here, Go here, Go here, Go here, Go here, Go here, and Go here for other posts related to deed or refinancing scams by forgery, swindle, power of attorney abuse, etc. TheftOfDeedMeta

North Carolina Man Charged With Forging Ex-Wife's Signature To Steal Her Interest In Home

In Cary, North Carolina, the May 20th Police Blotter reported in The Cary News contains this entry:

• On May 12, police charged Robert Harry Vogt, 40, of 1202 Castalia Drive, with one count each of obtaining property by false pretenses and forgery. Vogt allegedly forged his ex-wife’s signature in order to have her removed from the deed to their house.

Source: The Cary News, May 20th Police Blotter. TheftOfDeedMeta

Harvard Law's "No One Leaves" Group Makes House Calls To Help Tenants Fight Off Foreclosure Evictions

In Cambridge, Massachusetts, The Harvard University Gazette reports:

• On a bright May afternoon, two third-year Harvard Law School students set out on one of their regular visits to Dorchester and Mattapan. They are a slightly odd couple: Nick Hartigan, an intense, fast-talking 225-pound former running back, and David Haller, a laid-back native of Arkansas, with a slow Southern drawl. But they have been drawn together on a mission of hope. For the past nine months, the students have been driving through Boston neighborhoods in a car bought on Craigslist, offering to use their legal skills to help families stay in their homes and fight foreclosure.

***

• The pair are part of the Harvard Legal Aid Bureau,(1) a student-operated organization created in 1913 to provide legal services and representation to those unable to afford it. One of the bureau’s four areas of specialization is housing law. As part of Hartigan and Haller’s weekly work with the bureau, they attend housing court, and each has several clients that they represent in a variety of housing court claims. And not long ago, the two came up with an effective, hands-on way to help more tenants in jeopardy —the students knock on one door at a time and explain to tenants their legal rights.

***

• They named their program “No One Leaves.” The process is simple: Each week, banks are required to list the properties being foreclosed upon in the Boston-based business paper Banker & Tradesman. The pair, with help from their technology expert and graduating Law School student Tony Borich, take the listings from the paper, create a spreadsheet, enter it into Google maps, divide up the properties among their volunteer corps, and start making house calls.

For more, see Law School students lend a legal hand (Door-to-door canvassers protect vulnerable tenants).

Go here for more on the law students at the Harvard Legal Aid Bureau urging tenants in foreclosed homes to fight back against careless/reckless mortgage companies seeking illegal evictions.

(1) According to their website, The Bureau is a student-run organization composed of approximately 40 second and third-year student-attorneys, and 7 staff attorneys. Practicing under the Massachusetts Supreme Judicial Court Rule 3:03, they provide free legal services in civil (non-criminal) matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity (see also Student Practitioners).

Closing Agent Gets 24 Months After Copping Plea To Pocketing Proceeds Of Real Estate Transactions; Insurance Underwriter Forced To Cough Up $1.2M+

From the Office of the U.S. Attorney (Rhode Island):

• A federal judge [last week] sentenced Angela Raposa, age 33, a resident of Riverside, Rhode Island, to 24 months in federal prison for Wire Fraud. Raposa pleaded guilty to that offense, admitting that between February 2006 and February 2007 she operated a title insurance company, Title America Closing Services, and used mortgage proceeds that were supposed to be paid to mortgage companies for her own personal benefit.

***

• Raposa directed that funds which were deposited into the company escrow account not be used to pay off the corresponding existing mortgage. Instead, these funds were used to pay for various personal expenses of the defendant. Escrow funds were also used to pay off existing mortgages that were already delinquent, since they were originally not paid off in a timely fashion.

***

• In February, 2007, Stewart Title uncovered the fraudulent scheme, at which time it terminated Title America as its representative. As a result of the fraudulent scheme, mortgages were not paid off by Title America with respect to five (5) real estate transactions. As a result, Stewart Title was required to pay off these amounts, which totaled approximately $1,254,324.85.

For the entire press release, see Defendant sentenced to 24 months imprisonment for Mortgage Fraud.

Go here, Go here, Go here, Go here, and Go here for other stories of trust account / escrow account theft of funds. EscrowRipOffKappa