Ohio Legislature Attempting To Slither Proposed Industry-Friendly Debt Settlement Statute Into Law?

In Columbus, Ohio, a column in The Cleveland Plain Dealer describes "a House-passed bill, pending in the Senate Finance and Financial Institutions Committee, to let "debt settlement" companies charge Ohioans fees of up to 20 cents per $1 of debt." Reportedly, the Governor and the current state treasurer (and now attorney general-elect) have serious reservations about this proposed law, passed in the state house of representatives by a 93-0 vote, and is opposed by the current state attorney general.

The columnist warns:(1)

• The bill is pending at a dangerous time of year - for consumers - at the Statehouse. Legislators soon begin a post-election "lame-duck" session. Hot-button bills slither through lame-duck sessions because retiring or defeated ("lame duck") legislators, who can pass laws through Dec. 31, won't face voters again.

For more, see Debt 'rescue' bill would charge Ohioans for something they can do themselves.

(1) According to the Plain Dealer columnist, Thomas Suddes:

• The Ohio General Assembly may prove again what a judge ruled long ago: "No man's life, liberty or property are safe while the Legislature is in session."

Hazard Reporting Co., Real Estate Firm Settle RESPA Charges; Allegedly Used Sham Entities To Hide Kickbacks, Cheat Consumers; Will Pay Up To $35M

From the Department of Housing and Urban Development ("HUD"):

• The U.S. Department of Housing and Urban Development [recently] announced that it has settled its federal lawsuit under the Real Estate Settlement Procedures Act (RESPA) against Property I.D. Corporation, a large hazard reporting company in California, Realogy Corporation, Cendant Corporation (now known as Avis Budget Group, Inc.) and Coldwell Banker Residential Brokerage Corporation.(1)

***

• HUD alleged that Property I.D. Corporation of Los Angeles made improper payments to large real estate brokers in California based on the referral of consumers to Property I.D. Such referral-based payments are kickbacks and prohibited under Section 8 of RESPA.

***

• In return for these referrals, the brokers were paid through quarterly payments, $25 per report, or one-quarter of the total report's cost. The sham affiliated businesses did not provide hazard disclosure reports to non-referred customers and shared in profits based solely on the number of referrals made to Property I.D.

For more, see HUD Settles Lawsuit With California Hazard Reporting Company And Real Estate Brokerage (HUD also wins ruling giving it authority to recover illegal profits).

Go here for other HUD Settlement Agreements With Alleged RESPAViolators.

(1) A settlement in a related federal class action lawsuit requires the companies to pay up to a combined $35 million dollars, much of it to California consumers who purchased hazard disclosure reports as far back as 1996.

Queens DA: I.D. Theft Leads To Sale Of Home Out From Under Unwitting Elderly Stroke Victim; Suspects Allegedly Pocketed $95K

From the Queens County, New York District Attorney's office:

• Queens District Attorney Richard A. Brown [last week] announced that a brother and sister are charged with stealing the identity of a 68-year-old Jamaica, Queens, man who had been disabled as a result of a stroke and then secretly selling his house out from under him and pocketing the profits.

***

• The District Attorney identified the defendants as Shawn Corcas, 38, of [...] St. Albans and Patricia Corcas, 55, of Rosedale. The siblings were arraigned [last week] on an indictment [...]. They are charged with second-degree grand larceny, third-degree grand larceny, second-degree criminal possession of stolen property, third-degree criminal possession of stolen property, first-degree falsifying business records, second-degree falsifying business records, first-degree identity theft and second-degree identity theft.

For more, see Brother And Sister Charged With Fraudulent Sale Of Disabled 68-Year Old Queens Man's Home.

Go here, go here, go here, and go here for other posts related to deed or refinancing scams by forgery, swindle, etc. DeedTheftAlpha

San Antonio Homeowner Alleges Scam As She Pays $10K In Failed Attempt To Save Home From Foreclosure

In San Antonio, Texas, WOIA-TV Channel 4 reports on a local homeowner facing foreclosure who allegedly was scammed out of $10,000 by a woman with a history of approaching cash strapped individuals with offers to save their homes.

• [Homeowner Janie] Anderson had gotten a letter from Rosie Divins saying she could help them keep their home. The letter said the Anderson family didn't have to go into foreclosure. Divins claimed she had a way to save their home. Janie Anderson and her husband owed the mortgage company $3,600 dollars.

• But, in the end, they wound up giving Divins $10,000. [...] Eventually, the bank foreclosed and Anderson and her husband had to get out.

• The News 4 Trouble Shooters found out Janie Anderson is not alone. According to bankruptcy court records at the federal courthouse, at least two other families say Divins did the same thing to them. They claim she charged them thousands of dollars, but they still lost their homes.

• This, despite the fact, that a judge told her in 2000 to stop offering people help. [...] The judge said Divins was charging an excessive fee and providing legal services without a law license.

For more, see Family Loses Home and Blames Local Businesswoman.

NYC Senior Clipped Out $3K After Loan Modification Firm Fails To Renegotiate Home Mortgage

In Mill Basin, Brooklyn, WABC-TV Channel 7 reports:

• Evadne is a senior citizen and living on a fixed income. She was worried she would lose her home, so she paid RSR Asset Management nearly three thousand dollars to contact her lender, Washington Mutual, to try to lower her mortgage.

***

• "But then once he got the money," [Evadne's grandson Andre Henry] says, "I feel nothing was done." Despite paying three grand for help, her mortgage stayed the same. And that fee? It was non-refundable. And Andre says, RSR Asset Management gave him no answers. "You leave a message, no one calls back. So what are we to do? This is $3000 here we're talking about," said Andre.

***

• So, [7 On Your Side] went to the Garden City offices of RSR Asset Management to find out what happened with Evadne's case. But, we never got past the receptionist and numerous calls went unanswered. [...] And as for Evadne's mortgage? After [7 On Your Side] contacted her lender they worked out a fixed rate mortgage at a rock bottom interest rate, saving her hundreds each month.

For more, see Senior saved from foreclosure. New York City

More On Florida AG's Lawsuit Against Loan Modification Firm

In Fort Lauderdale, Florida, WSVN-TV Channel 7 reports on the recent state Attorney General's lawsuit against Outreach Housing, a locally-based loan modification company accused of using unfair and deceptive practices to clip homeowners out of thousands of dollars in upfront fees to renegotiate mortgage terms with their lenders. According to the report, the firm claimed that most mortgages in South Florida were made in violation of some Federal laws and can be undone,(1) and blames its current problems on a couple of attorneys it retained to help its customers.(2) Some of the unsatisfied alleged victims are interviewed, as well as a company representative.

For the WSVN Channel 7 story transcript & link to its video report, see Home Heartache.

(1) According to their website, "Through the efforts of Outreach Housing, a dedicated network of professionals will pursue restitution for thousands of homeowners faced with foreclosure by outlining the TILA and RESPA violations that occurred at the lenders level—bottom-line this effort will allow the homeowner to stay in their home."
(2) According to another local media report, the lawsuit also accuses Outreach Housing of engaging in the unauthorized practice of law.

Investigative Report Uncovers Unhappy Customers Of Central Florida "Sale Leaseback" Foreclosure Rescue Operator

In Central Florida, the St. Petersburg Times recently ran an investigative report on a local foreclosure rescue operator promoting sale leaseback arrangements to homeowners facing foreclosure in which title and all rights to the home would be transferred to a so-called "family trust'' with an unrelated trustee.

• [O]f the 106 people who signed up for [owner of Foreclosure Prevention Corp. Gideon] Rechnitz's "foreclosure prevention program,'' nearly half lost their homes anyway. Many were confused by the legal documents he asked them to sign and were unable to meet the stringent rental and buyback conditions.(1)

***

• The most complex — and confusing — part of the program was the transfer of ownership. Instead of simply selling to Rechnitz, the homeowner signed a warranty deed that gave title and all rights to a "family trust,'' with Rechnitz or his Garco Inc., listed as trustee. That meant Rechnitz could sell the property or do anything else he wanted with it.

• Keeping the seller's name on the trust also was a major benefit to Rechnitz. The bank might not realize the property had been sold, and thus Rechnitz could make payments without triggering a due-on-sale clause, requiring the mortgage to be immediately paid in full.(2)

For more, see Homeowners' safety net really wasn't.

(1) According to the story, closing statements obtained by the Times show that the homeowners received no money from the sale, partly because they were assessed extra fees that included several thousand dollars for "preforeclosure administration'' that went to Profitmax — a company of which Rechnitz, 61, is the sole officer and director. Reportedly, sellers were also assessed a fee of as much as $3,000 that went to Recnitz' associate Thomas S. Cook for "foreclosure intervention.'' Cook sometimes notarized the legal documents himself even though state law forbids notary publics from notarizing transactions in which they have a financial interest, the story states. At least one homeowner's closing statement shows he was assessed $31,415 for "reinstatement'' and $6,100 in fees to Cook and Rechnitz, according to the report.

(2) Based on the details in the story describing the sale leaseback deals with some of the homeowners facing foreclosure, the deals described therein could be ripe for recharacterization as equitable mortgages (and, possibly in some cases, usurious equitable mortgages), even if no fraud on the part of the foreclosure rescue operator is proved. (Go here for posts on some of the case law on equitable mortgage and usury in Florida).

Further, as of October 1, 2008, the recently passed Florida Foreclosure Fraud Protection Act (HB 643) creates a rebuttable presumption that any foreclosure rescue transaction in Florida involving a lease option or other type of repurchase agreement is an equitable mortgage (see Florida Statute Sec. 501.1377(6)).

3rd Defendant In "Money Store" Foreclosure Rescue Scam Pleads Guilty; Seven Remain

In Greenbelt, Maryland, WTOP Radio reports:

• Federal prosecutors say a Hyattsville woman has pleaded guilty to conspiring to defraud homeowners facing foreclosure. Thirty-one-year-old Carlisha Dixon leaded guilty on Thursday to conspiracy in a scheme that falsely promised to help homeowners keep their homes and repair their credit. Dixon is the third defendant to plead guilty and one of 10 people charged in the scheme.

• Dixon worked for a company that helped Lanham-based Metropolitan Money Store offer foreclosure consultation and credit services to homeowners with financial problems. Prosecutors say she acted as a straw buyer and fraudulently signed loan documents. Prosecutors attribute $200,000 to $400,000 in losses in the conspiracy to Dixon.

Source: Woman pleads guilty in foreclosure fraud scheme.

See also, U.S. Attorney (Maryland) press release: Third Defendant Pleads Guilty in Metropolitan Money Store Mortgage Fraud Scheme (Ten Defendants Now Charged in Scheme to Take Title of Homes from Financially Distressed Homeowners and Secretly Use Home Equity for Personal Benefit).

Go here and go here for other posts on the alleged Metropolitan Money Store foreclosure rescue scam.

Go here for criminal prosecutions of foreclosure rescue operators. joyjackson

Consumers Take It On The Chin With Recent Federal Appeals Court "Truth In Lending" Rulings

1) Law.com reports:

• A provision in the Truth in Lending Act that excuses minor inaccuracies on the part of lenders is not an "affirmative defense" that must be specifically raised by the defendant, but instead is a "general defense" that cannot be waived, the 3rd U.S. Circuit Court of Appeals has ruled.

• The ruling in Sterten v. Option One Mortgage Corp. could prove to be a significant boon to banks by relaxing the rules for reaping the benefits of a TILA amendment that was designed to prevent creditors from being subject to "extraordinary liability" for small disclosure discrepancies.

For more, see 3rd Circuit: Truth in Lending Act Provides Unwaivable Defense (Panel rules 'tolerances for accuracy' provision is not an affirmative defense).

For the court ruling, see Sterten v. Option One Mortgage Corp. (3rd Cir., 11-4-08).

---------------

2) Jurist's Paper Chase (University of Pittsburgh School of Law) reports:

• The US Court of Appeals for the Ninth Circuit [recently] ruled that the federal Truth in Lending Act does not provide for statutory relief for a lender's failure to conspicuously disclose certain information about a loan to the borrower and to give the borrower certain information before offering the loan.

For more, see Ninth Circuit rules subprime borrower due no damages for lender disclosure failures.

For the court ruling, see McDonald v. Checks-N-Advance, Inc. (in re Ferrell) (9th Cir., 8-22-08).

-----------------

3) In a story posted here in October, the National Law Journal reported:

• In a boon for the mortgage lending industry, a federal appeals court has said the Truth in Lending Act does not allow for rescission of mortgages on a class action basis. The 7th U.S. Circuit Court of Appeals, in a 2-1 decision [...], averts the potential of significant damages for creditors accused of violating disclosure requirements in some of the exotic mortgage vehicles that exacerbated the mortgage market meltdown and has Congress contemplating ways to restore credit market confidence.

• The Circuit decision joins an earlier ruling by the 1st and 5th Circuits and one California state appellate court that have held that the Truth in Lending Act (TILA) does not allow claims for rescission in a class action format.

For more, see Mortgage Lenders Fight Off Rescission Class Action in 7th Circuit.

For the court ruling, see Andrews v. Chevy Chase Bank (7th Cir., 9-24-08). UndoMortgageLoans TILAdelta

Slicing & Dicing Left Building Loan Compromised, Says Trump In Suit Seeking $3B Damages From Lenders After Refusal To Extend Debt On Chicago 'Scraper

The Wall Street Journal reports:

• Donald Trump filed suit against the lenders on his unfinished Chicago skyscraper, plunging the project into legal turmoil and highlighting the credit crunch's pervasive effects on real estate. Mr. Trump is suing to extend a $640 million senior construction loan on the 92-story Trump International Hotel & Tower from a group of lenders led by Deutsche Bank AG. [...] Mr. Trump asked for $3 billion in damages.(1)

***

• Deutsche Bank originated the construction loan in 2005 and sold off most of it to others, retaining less than $10 million of exposure on that loan. The suit alleges [among other things] that Deutsche Bank compromised the senior construction loan by selling pieces off to "so many institutions, banks, junk bond firms, and virtually anybody that seemed to come along," that the lending group is unable to come to a consensus on how to deal with the matter.(2)

For more, see Trump Files Suit Against Lenders (Developer Seeks to Extend $640 Million Loan on a Chicago Skyscraper).

Editor's Note:

If anyone has a digitized copy of this lawsuit, please don't hesitate to e-mail me a copy of it, if it's not too much trouble. The lawsuit's index number is 026841/2008, filed in NYS Supreme Court - Queens County last Thursday (November 8).

(1) Possibly seeking a "home court" advantage in the litigation, Trump filed the lawsuit, not in Chicago where the skyscraper is being built, but in New York State supreme court in Queens County, NYC.

(2) This appears to have left Trump similarly situated with the thousands of average homeowners facing foreclosure who, arguably, have had their home loans equally compromised by similar "slicing and dicing" that has left bits and pieces of their loans in the hands of a myriad of investors scattered around all over the place.

Lehman Maintained Squeaky Clean Image In Subprime Mess By Hiding Behind Sleazy Sub?

In New York City, The Village Voice published an investigative report on how Lehman Brothers, the so-called "white shoe" Wall Street investment banking firm maintained its squeaky clean image as it made huge profits in the filth and the sludge of the subprime sewer.

• [I]t was a sweet proposition while it lasted. But like any racket, the subprime business had its seamier side. And for that, Lehman kept its squeaky-clean image by turning to a less holy subsidiary. Call her Aurora.

• When the mortgage market collapsed and the huge investment bank failed last month, it dragged other financial markets down with it. Lehman's executives walked away with buckets of cash.

• But buried beneath the bank, way down at the bottom of the pile, are people like Brooklyn lawyer Philip Grant and Bart Christofferson, an excavator in Utah. They live 2,000 miles apart, but they have one thing in common: They were both worked over by a Lehman Brothers subsidiary called Aurora Loan Services.

For more, see Wall Streetwalkers: The Sleazy Lehman Brothers Subsidiary (Lehman Brothers maintained its squeaky-clean image by relying on its seamier subsidiary. Just call her Aurora).

Go here for the entire story on one web page.

Bronx Tenant "Caught Stealing" Stiffing Landlord? Agrees To Cough Up $11M In Back Rent

In New York City, the New York Post reports:

• The New York Yankees have agreed to fork over $11 million to the city in back rent - money the team probably would have preferred to spend on an ace starting pitcher for next season. The team underpaid the city the equivalent of Mike Mussina's salary between 2003 and 2006, according to an audit by City Comptroller William Thompson.

For more, see $11M Ballpark Figure (Yankees Can't Slide On The Rent).

Fraud, Forgery Account For About 20% Of Its Losses, Says Title Insurer

Reuters reports:

• The shares of major U.S. title insurers tumbled on signs the nation's housing crisis will lead both to higher claims and to reduced demand for insurance that homeowners need to protect themselves and their lenders.

***

• [Fidelity National Financial Inc.] said fraud and forgery cases have grown more numerous, and now account for about 20 percent of claims.

Source: Title insurers tumble on housing woes.

Ontario Cops Catch Up With Forgery Suspect; Charge Man With Pocketing $105K+ In Alleged Refinance Scam

In Ontario, California, the Contra Costa Times reports:

• A Riverside man has been arrested on suspicion of grand theft and forgery in the conning of an Ontario woman in May out of more than $105,000 in a home-mortgage fraud. Arthur Lee Harris, 35, was arrested Oct. 15 after evading Ontario police for more than five months. [...] Nestor Miguel Reyes, 33, of Covina - who is accused of aiding Harris in the scam - was arrested in August on suspicion of perjury, theft and forgery.

***

• Earlier this year, Harris posed as a finance broker. He would befriend people, gain their trust and assist in refinancing houses, Ontario police Detective Al Parra said in August. Customers would later discover their house had been refinanced, but for thousands of dollars more than they originally signed.

• Reyes would pose as an escrow officer who processed the loans and recorded forged loan documents, authorities said. Virtually every document that was filed was forged, Parra said.

Source: Man accused of bilking Ontario woman out of home.

For an earlier report on this story, see The San Bernardino Sun: Woman loses $105,000; 2 suspected in fraud case.

Go here, go here, go here, and go here for other posts related to deed theft or refinancing scams by forgery, swindle, etc. DeedTheftAlpha

Staten Island Senior Charged With Forging Eviction Notices In Attempt To Illegally Give Tenants The Boot

In New York City, the Staten Island Advance reports:

• His wife had been hit with $5,300 in fines for illegally converting a house in Port Richmond into several smaller apartments, and it was time for the tenants to leave. But rather than go through the legal eviction process, authorities say 76-year-old Paul Ciliento took matters into his own hands in June -- by forging his own eviction notices, and signing a city marshal's name to them.

• Ciliento was arrested [this week] on charges of forgery and criminal impersonation -- offenses that could land the septuagenarian in prison for up to seven years if he's convicted at trial.

For more, see Port Richmond landlord accused of forging eviction notices (Ruse reportedly was exposed when a tenant called marshal's office to ask for more time).

FBI Seizes Records Of Pa. Man Accused In Alleged Scam Involving The Forging & Filing Of Phony Mortgage Satisfactions That Bilked Investors Of Millions

In Pittsburgh, Pennsylvania, the Pittsburgh Tribune Review reports:

• The FBI has seized the financial records of a defunct Monroeville investment firm owned by a missing man who allegedly bilked investors out of millions of dollars. Frank Guzik Jr., 39, a Derry resident who operated East Haven Development until he disappeared this year, "apparently has fled the country," according to court filings in Allegheny County.(1)

***

• Federal agents apparently are centering their investigation on mortgage transactions that may have been forged by Guzik. [...] "There is some legitimate concern that any number of mortgage satisfactions may have been fraudulently filed," [certified fraud examiner Joseph] Labriola wrote.

***

• [Three area couples have] filed separate lawsuits in Allegheny County this year against Guzik and East Haven. The Westmoreland couples allege that forged documents had been filed in court to falsely indicate that their East Haven investments -- totaling more than $300,000 -- had been repaid.

For more, see Monroeville business owner from Derry allegedly flees.

(1) According to the story, Guzik has not been seen since March, when he boarded an airplane at Pittsburgh International Airport and disappeared. Guzik told family and friends he was going on a cruise. Before he left, Guzik cleaned out his office, burned his files and destroyed his computers, said Sean Kerrigan of Trafford, a business associate, the article reports.

Nevada AG Charges Three In Alleged Refinance Scam; 69 Year Old Victim Faces Possible Foreclosure

From the office of the Nevada Atttorney General:

• Attorney General Catherine Cortez Masto, announced today the arrests of Roxanne Lynette McCoy and Shanease Renee Bauman, employees of Proserve Mortgage. The arrests were made in connection with an alleged scheme involving the submission of forged loan application documents to a bank for a mortgage loan, after being informed by the victim, Jeri Cooper, age 69, that she could not afford the loan and did not want to complete the loan application process. A third suspect, Laticia Renee Carter, also a Proserve Mortgage employee, remains at large.

***

• The State alleges that, as a result, the elderly victim is being held responsible for payment of the loan and now faces possible foreclosure.

According to the Nevada AG's press release, the Defendants are each charged with multiple felonies including:

1. one count of Forgery,
2. one count of Obtaining Signature by False Pretenses,
3. one count of Theft, and
4. one count of Mortgage Lending Fraud.

For more, see Attorney General Announces Arrests In Mortgage Loan Scam Against Senior Citizen.

Go here, go here, go here, and go here for other posts related to deed or refinancing scams by forgery, swindle, etc. DeedTheftAlpha

Michigan Man Cops Plea In Alleged Home Theft From Elderly Couple

In Wayne County, Michigan the Detroit Free Press reports:

• A Grosse Pointe Woods man accused of defrauding an elderly couple in a real estate scheme pleaded no contest in Wayne County Circuit Court on Wednesday. [...] According to the Wayne County Prosecutor's Office, in February 2004, [John] Matouk, who owned half a property [...] in Dearborn with the couple, forged a quitclaim deed from the couple that transferred the entire property to his company, LM Investments of Dearborn LLC.

• Matouk then allegedly obtained a $650,000 mortgage on behalf of LM Investments and spent the money on himself. In September 2007, the couple discovered the scheme and reported it to authorities.

Source: Man takes plea in real estate case.

For earlier story on this case, see Man charged in Dearborn land swindle case.

Go here, go here, go here, and go here for other posts related to deed theft by forgery, swindle, etc. DeedTheftAlpha

Forgery Charged In Case Involving 94 Year Old Woman Allegedly Cheated Out Of Home By Son, Daughter-In-Law, Lawyer

The Belfast Telegraph reports:

• A Northern Ireland solicitor has denied involvement in a £100,000 fraud in which a 94-year-old woman was allegedly cheated out of her home by her son and daughter-in-law. Co Down solicitor Ann Ervine is accused of falsely claiming to have witnessed pensioner Annie Martin sign over her Saintfield home to her son George Ignatius Martin and daughter-in-law Mary Martin.(1)

For more, see Lawyer accused of cheating woman (94) out of her home.

Go here, here, here, here, here, and here for other posts on elder financial abuse.

(1) During an arraignment at Belfast Crown Court last week, Ervine (51) pleaded not guilty to forgery and using false Land Registry forms with intent; and was joined in the dock by husband and wife George Ignatius Martin and Mary Martin, who both pleaded not guilty to obtaining property by deception, forgery and using false land registry forms with intent, according to the story. DeedTheftAlpha FinancialAbuseOfElderlyAlpha

Judge Voids Tax Lien Foreclosure Sale; Finds Faulty Notice To Owner = No Due Process; Subsequent Purchaser Ordered To Give Back Property

In Bridgeport, Connecticut, The Connecticut Post reports:

• A Wood Avenue lot seized by the city through foreclosure and sold to a developer must be given back to the original owner, a Superior Court judge ruled last week. Judge John Blawie ruled that because the city did not send notice of the foreclosure to the correct address, its attempt to take property for tax delinquency is null and void.

• Waikele Properties Corp., the Garden City, N.Y.-based developer that bought the Wood Avenue property from the city after the foreclosure, had begun clearing the property, digging a large hole in the center to build a house.

• "In this case, the best address for the [defendant] was available right in City Hall. Because city officials did not comply with the notice procedures found in the governing statute," Blawie states in his ruling. "This court finds that due process was not afforded the [defendant] before tax liens on the property were foreclosed."

***

• "Because notice of the petition was never mailed to the correct address, the defendants had no opportunity to present their case in court and be heard in its support before the property was taken by the plaintiff for unpaid taxes," the judge said. "At the very least, the defendants were deprived of the opportunity to make payment of any delinquent city property taxes before the court ordered the forfeiture of their property to the plaintiff."

For more, see Foreclosure notice to dead man (Judge orders seized, then sold, land returned to owner).

Go here for other posts on foreclosures involving faulty notifications to property owners. foreclosure faulty notice

Lawsuit Alleges Rent-To-Own, Rent Skimming Scam Led To Foreclosure

In Augusta, Georgia, the Augusta Chronicle reports:

• Regina Preetorius blames the real estate market crash. A class action lawsuit filed in federal bankruptcy court says something else caused people who did business with her company, S.D.A. & Associates, to lose their investments and face eviction papers -- fraud.

***

• [Juan Valencia and Decia Bostic-Valencia] got kicked out of a house in south Augusta last year despite putting nearly $16,000 down, paying $4,000 to "loan broker" Fred Climer and making 12 monthly payments of $976, the lawsuit says. They thought that they were working toward home ownership in a rent-to-own, bond-for-title deal, [their attorney Jack] Long said. Unbeknownst to them, the complaint alleges, S.D.A. took their money while letting an outstanding mortgage on the house go unpaid, leading to foreclosure.(1)

For more, see Fraud involved in home deals, lawsuit claims.

Go here for other posts and updates on this story.

For more on problems with "Rent To Own" and Lease / Option real estate deals, go here and go here.

(1) According to the story, the lawsuit names Mrs. Preetorius, her husband, Charles "Greg" Preetorius, and Mr. Climer as defendants and seeks to create a class of plaintiffs who fell into predicaments similar to the Valencias. rent to own lease purchase option scams yellowstone

Mass AG Brings "Sewer Service" Charges Against Process Server In Civil Suit For Allegedly Failing To Deliver Legal Papers To Parties Named In Lawsuits

From the Massachusetts Attorney General's office:

• Attorney General Martha Coakley’s Office has filed a lawsuit and obtained a temporary restraining order against Boston-based process server Stokes & Levin, Inc. and its sole officer and director, Darren Stokes, in connection with allegations that Stokes & Levin engaged in a pattern of falsifying service of legal papers and filing those documents with state and federal courts.

***

• According to the complaint, [...] Stokes & Levin filed documents on multiple occasions with courts, indicating that it had served documents on the intended recipients, when in fact, Stokes & Levin had not served the documents at all. These alleged actions left individuals exposed to potential liability in cases that they may not have been aware of.

• Stokes & Levin also allegedly misrepresented in court filings and at court hearings that service of legal documents had occurred, thereby signaling that cases could proceed, when in fact, the intended recipients had not received the documents and were not on notice of the legal proceedings and hearings in which they were expected to participate and attend.

For more, see AG Coakley Obtains Temporary Restraining Order Against Process Server for Making False Representations to Courts.

Go here for other posts on "sewer service" which, according to at least one source, is so named on the theory that the process server simply tosses the legal papers into the sewer instead of attempting to deliver them to the proper party named in the lawsuit. The server then files a sworn statement with the court attesting that the papers were properly served on the named parties. SewerServiceAlpha

Lenders' Problem Of Proving Promissory Note Ownership In Foreclosures Continues

In Sarasota, Florida, a recent column in the Herald Tribune describes the story of a local couple facing foreclosure that illustrates the problem some lenders are having proving in court that they have right to bring a mortgage foreclosure action, because of an inability to present proof of ownership of the promissory note secured by the mortgage.

• Though there was apparently good cause to foreclose, and though Wells Fargo was represented by a Tampa firm that specializes in mortgage cases, Judge Paul Logan has dismissed the case. Why?

• [The homeowners' attorney Nina] Perry hadn't claimed the couple had made the payments or soon would. She said that the plaintiff hadn't been able to show it had the right to sue, because there was no proof it owns the mortgage. Such proof isn't always easy now, when so many mortgages have been packaged as securities and sold and resold in bulk to various financial institutions that are often confused themselves about what they own.

• Perry says the Bradenton case isn't necessarily over. The foreclosure could be filed again, with new evidence or maybe with a new plaintiff. But in the meantime, the owners haven't been kicked out and it may have become a better time for the right plaintiff -- if found -- to choose to make a deal.

For more, see Proving who owns a mortgage isn't easy.

For posts that reference the failure of some mortgage lenders and their attorneys to prove ownership of the promissory note when starting foreclosure actions, Go Here, Go Here, Go Here, and Go Here. missing mortgage foreclosure docs gamma

Lien Stripping Of Subordinate Home Mortgages In Bankruptcy Gaining In Popularity?

In Las Vegas, Nevada, the Las Vegas Business Press reports:

• Homeowners upside down in their mortgages and facing foreclosure may have a new recourse. The relatively new practice of "lien stripping" is becoming a popular way to get out from under double mortgage payments and sometimes save homes. Not everyone, however, is praising the practice.

• The lien removal business has increased in recent months as property values continue to sink. At least a handful of local bankruptcy attorneys are performing lien stripping for clients. One is making it a focal point of her practice.

For more, see That LIEN AND HUNGRY LOOK (Mortgage 'stripping' becomes marketing tool for bankruptcy attorneys).

For other posts on homeowners using Federal & state consumer protection statutes to try and undo bad mortgage loans, Go Here, Go Here, and Go Here. UndoMortgageLoans TILAdelta

Some Cash-Strapped Florida Condo Associations Resorting To Rent Skimming For Badly Needed Funds?

In Miami, Florida, the Daily Business Review reports:

• Members of the board of The Grand condominium north of downtown Miami were increasingly frustrated as they waited for lenders to take over units facing foreclosure. Each month the units were in limbo was a month that desperately needed maintenance fees went unpaid.

• Finally, the board decided on an unorthodox solution: Be the first to foreclose on the unit, then find a tenant and recover some of the delinquent dues through rents — at least until the lenders take back the unit.

***

• Miami attorney Dennis Bedard is advising condo boards he represents to foreclosure on units whose owners are behind on maintenance fees and begin renting out the condos. [...] So far this year, The Grand, a Bedard client, has foreclosed on and rented 12 of 810 condos in the high-rise building at 1717 N. Bayshore Drive.(1)

For more, see Condo Meltdown: Condo boards in quest of cash.

(1) It is quite common for an institutional mortgage to contain an "assignment of rents" clause, which basically says that any rent generated by the property pledged as collateral for a mortgage loan itself shall serve as additional collateral for said loan. While the condo association pocketing the rent and stiffing the mortgage lender in the way described in this story may not be liable on the promissory note for making the mortgage payments, it could nevertheless be violating the terms of the mortgage (ie. by extracting the rent collected from the condo unit, which, technically, is part of the loan collateral, and applying it for its own purposes).

Also, assuming that a mortgage lender could legally considered to be an"owner" of an interest in the property in that it holds a security interest therein, I wonder if a mortgage lender could attempt to invoke Florida's anti rent skimming statute, F.S. 697.08 against a condo association in this type of case.

Tennessee AG, Memphis Legal Services Firm File Suits Against Upfront Fee Foreclosure Rescue Operator

In Nashville, Tennessee, WTVF-TV Channel 5 reports:

• The Tennessee Attorney General filed suit Tuesday against a company suspected of charging consumers for services it and its principals have not provided. The lawsuit filed against Tennessee Housing Protection Agency, Inc., alleges violations of consumer protection laws.

• "With foreclosures in Tennessee going up, we are concerned that homeowners across the state may turn to ‘foreclosure rescue' operations such as this that in some cases offer only false hope," said Tennessee Attorney General Bob Cooper, in a news release.

• The lawsuit also alleges that the Memphis-based company's name is misleading and deceptive to consumers. The name sounds similar to an agency authorized by the state. The company is not a government agency and is not affiliated with the state.

• The Memphis Area Legal Services also filed lawsuits against the company and its principals.

Source: AG Files Suit Against Foreclosure Rescue Company.

Go here for the WTVF-TV Channel 5 video.

See also:

• Tennessee AG's press release: Attorney General Files Suit Against Tennessee Foreclosure Rescue Company,
• Memphis Commercial Appeal: Home-loan help agency faces suit (Foreclosure rescue 'unfair, deceptive,' customers say).

North Carolina AG Files Suit Against 3 Foreclosure Rescue Operators For Clipping Consumers Out Of Illegal Upfront Fees

From the North Carolina Attorney General's office:

• Attorney General Roy Cooper is taking legal action to stop three Charlotte area foreclosure rescue companies from charging high fees but failing to save consumers’ homes.(1) [...] Cooper made the announcement at the Better Business Bureau (BBB) of the Southern Piedmont, which has assisted with the cases.

• “Homeowners turn to foreclosure rescue services because it sounds like the solution to all of their problems,” said Tom Bartholomy, president and CEO of the BBB of Southern Piedmont. “We want homeowners to know that anyone who charges you an advance fee for foreclosure help is trying to scam you and is breaking the law.”

• In 2005, Cooper worked with state legislators to make it illegal for any foreclosure assistance business to collect fees upfront.

For more, see AG Cooper goes after Charlotte foreclosure rescue scams (Firms take struggling homeowners’ money, fail to save their homes).

(1) According to his press release, Cooper announced yesterday that he has filed suit against the following companies and their agents: Robert E. Cassell, Jr., doing business as American Mortgage Assistance in Fort Mill, SC; Home Assure, LLC and its vice president Michael Grieco of Charlotte; and Metrolina Mortgage Relief, LLC and its president Jeffery Mika of Charlotte.

San Diego DA's Office Using Mail To Issue Scam Warnings To Homeowners Facing Foreclosure

In San Diego, California, NBC-TV Channels 7/39 report:

• Those falling behind on their house payments are increasingly being targeted by scam artists. Authorities say it's a problem that is likely to get bigger as more homeowners face foreclosure. The deputy district attorney's office has moved to protect homeowners, by sending out pamphlets to people who are late paying their mortgage or have received what's called a notice-of-default.

• "We've seen a lot more activity in people taking advantage of distressed homeowners and we want to make sure they know how they're protected," said Michael Groch, Head of the Economic Crimes Division at the Deputy District Attorney's Office. He said those offering services to help those facing foreclosure: (1) Cannot accept money up-front, (2) Cannot take an ownership interest in the home, (3) Must provide a written contract detailing services offered, including how the contract can be terminated.

• Groch says not following these guidelines could be a misdemeanor or a felony. They can carry a maximum sentence of up to three years in prison.

For more, see Scam Artists Target Foreclosure Victims (Authorities move to protect distressed homeowners).

Bringing Equity Strippers To Justice May Be Tough Row To Hoe

In Minneapolis, Minnesota, Minnesota Public Radio reports:

• There's no running count being kept, but observers agree that most of the tens of thousands of Minnesotans scammed by equity strippers, predatory lenders and mortgage fraudsters have not gotten justice. The record for those who try is mixed.

For more, see Thousands of foreclosure scams yield a small number of criminal charges.

Go here for criminal prosecutions of foreclosure rescue operators.

For more on equity stripping scams, generally, see DREAMS FORECLOSED: The Rampant Theft of Americans' Homes Through Equity-stripping Foreclosure 'Rescue' Scams (4.61 MB approx.).

California AG Files Criminal Charges In Alleged Foreclosure Rescue, Loan Modification Scam That Clipped Homeowners For Up To $5K In Upfront Fees

The California Attorney General's office announced yesterday:

• California Attorney General Edmund G. Brown Jr. [...] announced the arrests of three members of a fraud ring who preyed on desperate Southern California homeowners by falsely promising to renegotiate their home loans, but instead “ripped them off for thousands of dollars” while their homes fell into foreclosure.

***

• California [authorities] arrested Rosa Conrado of San Bernardino, Saul Amador of West Covina, and Jesus Flores of Baldwin Park, believed to be members of the fraud ring. Law enforcement officers have issued arrest warrants for Juan Perez of Grand Terrace, and David Giron of Ontario, who are also suspected to be involved in the scheme. The Attorney General’s Office filed a 39-count complaint that includes multiple grand theft, money laundering and conspiracy charges against these suspects.(1)

***

• “Loan-modification scams are becoming more and more prevalent across the country, particularly in California,” Attorney General Brown said. “California homeowners should be aware of the warning signs of foreclosure scams, so they don’t fall victim to these cynical schemes.”

For more, see Attorney General Brown Breaks Up Foreclosure Scam Ring.

California AG court documents in this case:

• Felony Complaint - People v. Amador, et al.,
• Declaration In Support Of Arrest Warrant,
• Flyer and Envelope allegedly used by the defendants to solicit business.

Go here for criminal prosecutions of foreclosure rescue operators.

(1) The arrests came after an investigation into First Gov, also operating as Foreclosure Prevention Services, uncovered that the company was soliciting hundreds of homeowners with mail flyers offering to help them stop the foreclosure process on their homes. The scammers falsely told homeowners that they would renegotiate their mortgages, reduce monthly payments, and transfer any delinquent loan amounts to the renegotiated principle. The company demanded an up-front fee, ranging from $1,500 to $5,000, to participate in the loan-modification program. The company also told the victims to stop any mortgage payments or communications with their lender, claiming they would interfere with the company’s effort to negotiate the loan modification.

Ohio Man Guilty Of 26 Counts In Foreclosure Rescue, Rent Skimming Scam; Allegedly Conned 14 Homeowners Into Belief He Would Renegotiate Home Loans

In Newark, Ohio, the Newark Advocate reports:

• As the guilty verdicts piled up -- 26 in all -- Harry Blausey sank further into his chair in Common Pleas Judge Thomas Marcelain's courtroom. [...] Blausey was facing 27 felony counts connected to a scheme he perpetrated on Licking County homeowners facing foreclosure.

• He was found guilty of deceiving those couples and individuals into signing over deeds to their homes on the premise Blausey would negotiate with their mortgage companies to avoid defaulting on their home debts. Testimony and documentation from the prosecution claimed Blausey had little, if any, communication with the lenders and profited by renting out the homes until they were sold at auction.

***

• He was convicted of [...] nine counts of grand theft, 13 counts of securing writings by deception and four counts of theft.(1)

For more, see Blausey guilty on 26 counts (Businessman convicted on all but most serious charge).

See also, The Columbus Dispatch: Newark man guilty in mortgage-fraud case.

Go here for other posts on foreclosure rescue operator Harry Blausey.

Go here for criminal prosecutions of foreclosure rescue operators.

(1) According to the story, Licking County Assistant Prosecutor Duke Frost said the potential exists to press forward with another indictment. "There are other pending allegations of similar conduct involving this defendant, and they'll be handled in the same manner as in any other case," he said.

Prince George's County Mortgage Foreclosure Fraud Unit Intent On Criminally Prosecuting Scammers

In Prince George's County, Maryland, The Sentinel reports:

• [I]n the last two months and on several occasions, [Prince George's County] State's Attorney Glenn Ivey has emphatically stated his intent to aggressively surface and prosecute mortgage scammers who have defrauded new homeowners. "Not in this county, not in this state," is the mantra under which the new Division operates, said its staff.

***

• [The Economic Crimes Unit of Ivey's office] is screening more than 10 calls a day, making a distinction between bad financial decisions vs. fraud for theft and fraud for profit and then investigating and prosecuting the most egregious first.

• While Montgomery County's State's Attorney's office is also prosecuting mortgage fraud, Prince George's is the only jurisdiction with a dedicated unit, said Assistant State's Attorney Doyle Niemann, also of the Division, some weeks ago.

For more, see Briefing sheds light on mortgage fraud.

Nantucket's "Joe The Plumber" Sues Lenders To Back Out Of Bad Loans

On Nantucket Island, Massachusetts, The Inquirer and Mirror reports:

• [A]fter falling behind on his home mortgage last month, Joe Ciarmataro, an island plumber, has sued two mortgage companies in Nantucket Superior Court, claiming they knew he could not afford the $790,000 loan he took out to purchase a condominium on Witherspoon Drive in 2007.

• The lawsuit alleges “unfair and deceptive acts and practices” by Connecticut-based Master Key Mortgage as well as a Texas corporation, American Home Mortgage Servicing, and that Ciarmataro was defrauded by the two companies.

• Filed last week in Nantucket Superior Court, the lawsuit is illustrative of the national debate over whether predatory lenders or irresponsible borrowers are more responsible for the meltdown in the housing market and the dramatic rise in foreclosures.

• Ciarmataro is seeking to have a judge rescind the mortgage altogether, in addition to compensation for losses, interest costs and attorney’s fees.

For more, see Nantucket’s own “Joe the Plumber” sues mortgage co. for unfair practices.

California Judge's Use Of "Rocks for Brains," "Obnoxious" & Other Remarks Towards Attorneys Yields Public Scolding By State Judicial Watchdog

In San Bernardino, California, The Associated Press reports:

• A retired San Bernardino County judge has been publicly scolded by California’s judicial watchdog for rude, demeaning comments to attorneys. In one case, Superior Court Judge Paul Bryant Jr. suggested a prosecutor had “rocks for brains” for agreeing to a settlement. He called another lawyer “obnoxious” in front of his client.

• The Commission on Judicial Performance admonishment Monday said Bryant failed to be “patient, dignified and courteous toward individuals he dealt with.” Bryant says only that it’s been a pleasure to serve the courts.

• Bryant was a judge at the Rancho Cucamonga courthouse for 18 years before retiring. Now, he often serves as a retired judge on assignment in San Bernardino civil courtrooms.

Source: Judge scolded for rude courtroom remarks.

To view the admonishment, see In re Bryant - Decision And Order Imposing Public Admonishment.

For other posts on the questionable judgment exercised by some of the members of our esteemed judiciary, go here and go here. knuckleheaded judges zeta

Hip Hop Artist Alleges Forged Deed To Property In Baltimore Bankruptcy Court Proceeding; Seeks To Void Title Transfer

In Baltimore, Maryland, The Associated Press reports:

• Usually you wouldn't think of a member of Salt-N-Pepa being shy at all in front of an open mic. But when the mic is on a witness stand at a court in Baltimore and the issue is money, you can understand why Sandra "Pepa" Denton said she was a little nervous. The judge told her to "take a deep breath and relax" to calm her nerves.

• Denton was in court in a case that pits her against her ex-husband and his new wife over a property sale. She claims Emora Horton bought the home in Baltimore after a friend forged a signature on a deed. Denton wants the property returned to her. The defendants deny taking part in any fraud or forgery. A ruling is expected in January.

Source: Member of Salt-N-Pepa in Court.

------------------

See also, The Maryland Daily Record, which reported:

• Whether Denton will get that property back, with or without liens, turns on the legal distinction between fraud and forgery, lawyers in the case say. “It really lives or dies on the forgery issue,” U.S. Bankruptcy Judge Robert A. Gordon said to Denton’s attorney, J. Michael Broumas.

***

• Attorneys for the entities that made loans [secured by the property] argue [the deed signer's] actions instead constitute fraud [as opposed to forgery], since [the deed signer] signed his own name and made no attempt to conceal his identity. Under such a scenario, the property might still be Denton’s but would come with the lenders’ considerable liens, Broumas said. [...] Judge Gordon said his own research centered on a case out of the District of Columbia, McNairy v. Baxter, in which a forged limited power of attorney document made a subsequent deed ineffective.

For more, see:

• Rapper ends hearing with hugs, tears (Property still at issue, but Pepa lets ex-rival’s debt go); and
• Singer claims ex-husband pushed her into investing in Baltimore property.

IRS Eases Tax Rules On Mortgage Securtization Trusts That Engage In Loan Modifications Aimed At Reducing Foreclosures

Mondaq.com reports:

• Many pools of mortgages are held in tax advantaged entities that qualify for tax purposes as REMICs that avoid double taxation under the Internal Revenue Code. But for an entity to qualify as a REMIC, the pooled mortgages must be basically treated as static pools of mortgage loans. Loan modifications could force a REMIC to lose its favorable tax treatment, and once REMIC status is lost, it is lost forever. This means that REMIC efforts to minimize foreclosures through loan modifications can threaten favorable tax status of the REMIC and its owners.

• To address these risks, the Internal Revenue Service and U.S. Department of the Treasury have taken actions to expand safe harbor rules that apply to REMICS. Through a number of recently issued revenue procedures, the IRS has provided assurances that REMICs can retain their favorable tax status when mortgage servicers make certain loan modifications as part of programs aimed to reduce foreclosures. The safe harbors allow REMICs to engage in certain, previously prohibited activities that in the past could have resulted in significant tax penalties.

For more, see Relaxed REMIC Requirements: IRS And Treasury Efforts To Address The Subprime Mortgage Crisis.

NJ To Take Statewide Approach To Mandatory Mediation Program In Owner-Occupied Home Foreclosure Actions, State Chief Justice Says

The New Jersey Judiciary announced:

• [New Jersey Supreme Court] Chief Justice Stuart Rabner [last week] announced the roll-out of a statewide Judiciary program to assist homeowners in foreclosure actions. The program will provide mediators to help homeowners and lenders negotiate with one another and try to work out agreements to avoid foreclosures.

• Chief Justice Rabner said, “While the courts must remain neutral in all foreclosure matters, it is in everyone’s best interest to have a forum where homeowners facing foreclosure have the opportunity to negotiate to save their homes. Our goal is to get lenders and borrowers to meet at the table and work out a mutually beneficial arrangement. I encourage continued cooperation among the courts, lenders, borrowers, and the bar as we address the increasing number of foreclosure actions in New Jersey in today’s difficult economic times.”

• Under the program, the courts will require mediation in all cases in which homeowners contest owner-occupied foreclosure actions. Volunteer mediators will meet with eligible homeowners and their lenders in an effort to resolve the foreclosure action and renegotiate the terms of mortgage agreements.

For more, see Judiciary Announces Foreclosure Mediation Program to Assist Homeowners at Risk of Losing Their Homes.

Florida Court To Impose Formal Conciliation Process Upon Lenders In Home Foreclosure Actions

In Sarasota, Florida, the Herald Tribune reports:

• As more and more Florida homeowners slip into foreclosure, the law firms handling the cases for the banks have become harder to reach, those familiar with the system say. Homeowners and their attorneys, and even judges, cannot get a call back, making it impossible to dispute a debt or work out deals other than foreclosure until the case is in front of a judge. "The lenders are just not talking to them," Chief Circuit Judge Lee Haworth said.

• Now, Haworth and other 12th Judicial Circuit court judges are going to force those law firms to meet with the homeowner within 45 days for a frank discussion on alternatives to foreclosure. Those discussions could center around refinancing, forgiving part of the debt or clarifying the amount required to reinstate or pay off the loan.

• The Homestead Foreclosure Conciliation Program will start in December. It aims to keep people in their homes and reduce the strain on the court system from foreclosure cases, which are on pace to double this year compared with 2007. The program applies only to property registered as a primary residence under the homestead exemption. Local bar associations and legal aid organizations agreed to provide some attorneys to assist those homeowners during the meeting at no cost.

• The law firms representing lenders are also required to notify any homeowner of the program, contact them and invite them to participate. The large increase in foreclosures has strained almost every part of the foreclosure process, from serving legal papers to finding courtroom time. Coming to a solution within 45 days would avoid protracted legal battles and reduce the number of cases going through the system.

• Those long legal battles seem to be the only way to get law firms representing banks to return calls, Miami-based foreclosure attorney Rick Neustein said. "Most of the time they don't want to talk to us until they see this thing is being hotly contested," Neustein said. "They don't get serious until we're defending the foreclosure for nine months."

• Haworth said the main issue is only a small number of law firms handle the foreclosure cases for the banks for small legal fees, so they want to put as little time as possible into a case.(1) If the law firms do not comply with the new order, they will face courtroom sanctions that would cost them money, since it would take their attorneys more time to handle the cases.(2)

For the story, see Lenders told they can't hide (if there's a problem with this link, try here).

For more on the new foreclosure procedural rules in Florida's 12th Judicial Circuit, see:

• Administrative Order Establishing Circuit-Wide Homestead Foreclosure Conciliation Program.
• Attorney's Certificate of Compliance With Twelfth Circuit Homestead Foreclosure Conciliation Program.
• Chief Judge's Letter Summarizing New Foreclosure Procedures & Administrative Orders.

Go here for Notice To Attorneys Filing Foreclosure Actions in Florida's 12th Judicial Circuit.

(1) Go here for more on so-called Assembly Line, Foreclosure Mill Lawyering in foreclosure actions.

(2) According to the story, the law firms for lenders would not be able to settle the case through a summary judgment, a quick resolution to cases. The lender attorneys would no longer be able to appear at hearings over the telephone. And that lender's cases would be assigned the lowest priority for court hearing times, which may delay the case for an extended period. ForeclosureMillAttorneysAlpha

Lawmaker To Attempt To Lift State Homestead Exemption Limit To Attract Wealthy To Move To Nevada

Buried at the end of a story on a proposed new law to safeguard Nevada tenants unwittingly renting homes from landlords in foreclosure, the Las Vegas Sun reports:

• [L]egislators and local governments so far have asked that 633 bills be drafted for introduction next year. [One] recent request comes from Assemblyman Morse Arberry, D-Las Vegas, who wants to remove the cap of $550,000 on homestead exemptions.(1)

• The law protects the forced sale [except for mortgage foreclosures] of a home whose value is up to $550,000 to recover a debt if the property has been designated as a homestead. The 2007 Legislature raised the homestead exemption from $350,000 to $550,000.

• And Arberry said he is working on a bill to eliminate the cap as a way to attract rich people to locate in Nevada. Otherwise if these affluent people had a $1 million home that was designated as a homestead, it would be shielded from judgments to collect any debt [except home mortgages and certain other debts].

• The present law provides that if the home is worth more than $550,000, a judge must appoint three independent appraisers to value the home. If it exceeds the homestead exemption permitted, the judge must decide whether any part of the property can be sold to satisfy the debt without “material injury” to the home. If the judge decides the property can not be divided, than [sic] he can order home sold and the money divided between the creditor and the homeowner.

For the story, see Bill to protect renters in foreclosure cases.

(1) If successful, Nevada will be eligible for induction into the Homestead Exemption Hall of Fame, joining the great states of Florida, Texas, Oklahoma, Kansas, and Iowa who likewise impose no dollar limit on the amount of home equity (ie. loosely defined for homestead exemption purposes, as home value less existing home mortgages, unpaid real estate taxes, IRS tax liens, and unpaid home improvement costs - check the relevant state law for the exact specifics) a state resident can play "keep away" with when fending off unsecured general and judgment creditors seeking repayment of debts they've been stiffed on. There are, however, limitations based on property size, such a limit may depend on whether the home is located within or outside of an incorporated municipality (or, in the case of Texas, whether state law considers the homestead to be an "urban homestead" or a "rural homestead").

Extortion Sting Results In Charges Against Maryland Man For Allegedly Trying To Squeeze $5K From Winning Bidder At Foreclosure Sale

In Elkton, Maryland, The Associated Press reports:

• The Cecil County Bureau of Investigation has charged an Edgewood man with extortion for allegedly demanding money from the winning bidder in a home foreclosure auction. Authorities say 48-year-old Frank Wilhelm telephoned the winning bidder one day after the auction and threatened to challenge the sale unless he was paid $5,000. Lt. Bernard Chiominto says challenging the sale would have frozen the bidder's payment, possibly for months.

• Wilhelm was arrested last Thursday in Perryville, after the winning bidder contacted police and helped them set up a sting. According to Chiominto, Wilhelm told investigators that he had heard that winning bidders "usually pay up" when threatened with a contested auction sale.

Source: Edgewood man faces extortion charge.

Professional Conflicts Of Interest An Obstacle For Some Attorneys In Pro Bono Foreclosure Fight

American Banker reports:

• As the mortgage crisis deepens, lawyers around the country are volunteering to help distressed homeowners avoid foreclosure, but those with the most relevant experience often face the potential for conflicts of interest involving lender clients. [... G]etting involved has [...] created a delicate situation for some of the largest law firms, which have the most staff to contribute to such projects — but often represent major lenders.

***

• The conflict-of-interest question was particularly urgent for the Lawyers' Foreclosure Intervention Network, a New York pilot program that had to negotiate a structure that would satisfy the state's laws and the city's high concentration of major financial institutions — and the major law firms that represent them. [Read the New York City Bar's Ethical Opinion on Firms Handling Foreclosure Matters Pro Bono].

For more, see Homeowner Legal Aid Programs Address Conflicts.

Connecticut Renter Facing Foreclosure Eviction Invokes New Bailout Law In Attempt To Fight Off Fannie

In Hartford, Connecticut, The Hartford Courant reports:

• Four days after Evelyn Colon paid the September rent for her Hartford apartment, a U.S. marshal knocked on the door. He handed her a notice that she had to be out in a month. Fannie Mae, the huge mortgage financier, had foreclosed on her building and was evicting Colon and two other tenants.

• Colon is now fighting her eviction in what her attorneys believe is the first court challenge in the country to use a provision(1) deep within the government's $700 billion bailout legislation to seek protection for renters facing eviction after foreclosure. She will be able to stay in her apartment while the case is litigated.

***

• Colon's attorneys at Greater Hartford Legal Aid Inc., an agency that helps low-income clients, are arguing that Fannie Mae became a federal agency when it came under the control of the Federal Housing Finance Agency Sept. 7 and is therefore bound by the financial services bailout legislation.

For the rest of the story, see Hartford Tenant Fights To Stay In Home After Foreclosure (if link expires, try here or try here).

See also, WTNH-TV Channel 8: Renter fights back against foreclosure:

• "Basically we've asked the court to throw this case out, the eviction, out of court, or, if the court doesn't feel comfortable doing that, to kind of put things on pause until the Treasury or another federal agency, perhaps the F.H.F.A. (Federal Housing Finance Agency), issues a policy statement saying what does the language in the Bailout Bill mean," said Stephanie D'Ambrose from Greater Hartford Legal Aid.

(1) Section 109(b) of the Federal bailout bill may require the U.S. Secretary of the Treasury to work with the F.H.F.A. and other government entities to permit tenants like Evelyn to remain in their apartments after foreclosure. BetaTenantRentSkimming

L.A. Official Calls For Stop To Illegal Foreclosure Evictions; Lender Accused Of Stiffing Booted Tenants Out Of $7K "Relo Fee" Required By City Law

In Los Angeles, California, CBS 2 reports:

• Los Angeles City Council President Eric Garcetti called Friday on Countrywide Home Loans to stop the practice of evicting tenants from apartment buildings that have gone into foreclosure. The councilman pointed to the case of Johnny Lee, who lives in a triplex in Echo Park. Following foreclosure, Countrywide allegedly pressured Lee to leave the apartment and offered him a $2,000 relocation fee. City law requires a $7,000 fee in such cases, according to Garcetti.

• A representative for Countrywide was not immediately available for comment. "It's really frustrating, and I feel like I was duped," Lee said. "I had no idea that this was illegal and that I had a right to stay or to a minimum amount of money. In fact, I was told I would have to be out within 30 days and didn't have the right to any money, even my security deposit," he said. "I encourage others in this situation to learn more about their rights as tenants."

• In a letter to Countrywide, Garcetti said the Calabasas-based company attempted a similar eviction earlier this year in South Los Angeles. "Months later, it appears that Countrywide and its agents continue to violate city law by illegally pressuring tenants to vacate foreclosed properties and offering relocation fees below what is required by law," Garcetti wrote. "I am writing to ask that your company cease and desist illegal foreclosure-related eviction practices immediately. In addition, Countrywide must bring its eviction practices and guidelines into compliance with the city's Rent Stabilization Ordinance."

Source: Councilman To Countrywide: Stop Illegal Evictions.

See also: Countrywide to EP tenants: get moving. BetaTenantRentSkimming

Forensic Loan Review Firms Begin To Pop Up Offering To Find Errors In Loan Docs For Homeowners Fighting Foreclosure

A syndicated column in the Los Angeles Times reports:

• Homeowners who are having difficulty getting the attention of their lenders to discuss their troubled mortgages might want to obtain a forensic loan review to determine if their lenders made any mistakes when the mortgage was issued.

***

• In a forensic loan review, a legal pathologist scours your loan documents looking for errors in, among other things, the truth-in-lending statement the lender provided shortly after you applied for your mortgage and the lender's annual percentage rate calculation so you could compare loan costs. If the truth-in-lending statement doesn't match the HUD-1 closing-cost sheet you received at closing, if the APR is off by just a hair, you might have cause for legal action against the lender.

For more, see Errors in loan documents can save strapped homeowners (Even small mistakes in the paperwork may give borrowers the legal leverage to persuade lenders to rework their mortgages).

----------------

For a recent story of a foreclosure mitigation company which offers to audit and find errors in loan documents and promises homeowners help in fighting foreclosures, and which is now being sued by the Florida attorney general for alleged deceptive practices and the unauthorized practice of law, see:

• Lauderdale firm didn't deliver mortgage relief, state suit alleges (Lauderdale company denies wrongdoing and says it was let down by law firms it trusted to help individuals),
• Broward Foreclosure Debt Mitigation Company Sued for Deceptive Practices. UndoMortgageLoans TILAdelta

Texas Man Sues To Void Deed In Alleged Land Swindle

In Beaumont, Texas, The Southeast Texas Record reports:

• A Jefferson County man has filed suit against a Beaumont couple and the woman's mother, claiming their conspiracy against him has forced him to lose property that belongs to him. Glen Ray Waldrop claims he is the owner of 3.27 acres located [...] in Beaumont.

• He entered into what he believed to be a contract for deed with Jeff Allen and Theresa Ann Theal in May 2001, according to the complaint filed Oct. 21 in Jefferson County District Court. In the contract for deed, Waldrop believed the Theals would purchase the property through monthly installments, the suit states.

***

• In fact, the document Waldrop signed was a general warranty deed, transferring ownership of the property to the Theals, he claims. [...] Waldrop knew nothing about the general warranty deed or [the mother's] role until the Theals ceased their monthly payments in April 2007, the suit states.

For more, see Disabled man claims he was swindled out of property by local couple.

Go here, go here, go here, and go here for other posts related to deed theft by forgery, swindle, etc. DeedTheftAlpha

Iowa Widow Seeks To Stop Foreclosure, Void Deed & Mortgage; Claims Now-Deceased Husband Forged Her Signature On Legal Documents

In Polk County, Iowa, the Des Moines Register reports:

• Ed Boesen's widow says she has rights to two commercial properties because her husband forged her signature on a loan document and a property transfer document. Maureen Boesen is asking a judge to clear the titles on two properties despite more than $5 million worth of defaulted loans on them.

• Lawyers for Maureen Boesen, as well as James Monroe, attorney for the Boesen estate, made the claim in Polk County District Court in response to two lawsuits filed by lenders against Boesen's estate. The lawyers contend Ed Boesen forged his wife's signature on a mortgage document on one of the properties and on a deed transfer on the other.

• "Maureen Boesen asserts she owns the property and that the signatures on documents are without her authority," a motion filed last week by her lawyers says. As a result, neither loan is valid, the lawyers claim.

For more, see Boesen widow alleges forgery.

Go here to compare Mrs. Boesen's actual signature with those that were allegedly forged.

Go here, go here, go here, and go here for other posts related to deed theft by forgery, swindle, etc. DeedTheftAlpha

Feds, 23 States Join In "Operation Clean Sweep" In Attempt To Nail Credit Repair, Loan Modification, Debt Relief Operators

From the Florida Attorney General's Office:

• Attorney General Bill McCollum [last week] announced Florida’s participation in a collaborative effort targeting credit repair operators, many of which deceptively claim they can remove any and all negative information from consumers’ credit reports.

• The Federal Trade Commission (FTC) and 23 states joined forces in Operation Clean Sweep, a nationwide initiative to address this consumer protection issue. “Whether through credit repair, debt management, debt settlement, or interest rate reduction schemes, it is unacceptable to deceptively convince consumers facing financial distress to part with their money,” said Attorney General McCollum. Collectively, the FTC and the states took actions against 36 companies engaged in potentially deceptive or misleading conduct.

For more, see Florida Joins FTC, States Targeting Credit Repair Operations in "Operation Clean Sweep."

See also: Palm Beach Post: Claims of debt fraud soaring (Until he can persuade lawmakers to impose rules, Florida Attorney General Bill McCollum hopes lawsuits his office has filed and its investigations "send a message to this industry that preying on consumers in financial distress will not be tolerated.").

For the Florida AG's recent press release on a recent civil suit filed in this regard, see Broward Foreclosure Debt Mitigation Company Sued for Deceptive Practices.