Thursday, July 12, 2007

NYC Foreclosure Rescue Operator Sued Again

New York City foreclosure rescue operator Home Savers Consulting Corp. has again been named in a civil lawsuit, again filed in a Brooklyn Federal Court, and again alleged to have engaged in a foreclosure rescue, equity stripping transaction. The home purportedly "being saved" in this case is in Staten Island. The lawsuit, filed on June 29, names Garth Celestine, Phil Simon, Ophelia Ray (bird dog), Krishna Maharaj, Courtney Callender (straw buyer), Blackacre Title Agency Corp., The New York Mortgage Co. LLC., and several "John Does" and unamed entities as additional defendants.

Among other things, it is alleged that:

1) Ophelia Ray, working as a bird dog for Home Savers, first made face-to-face contact with the homeowners by showing up at the plaintiffs' front door, and "quoted from the Bible and professed to be a religious person who sincerely wanted to help the [plaintiffs],

2) Home Savers obtained well over $100,000 out of the equity in the plaintiffs' home, giving them $12,000, and pocketing the difference,

3) The plaintiffs thought they were getting a mortgage with payments prepaid for a year, but in June, the plaintiffs were served with an eviction notice.

The complaint sets forth the following causes of action:
  • (a) equitable mortgage - Section 320 of the New York Real Property Law; (b) numerous violations of the Federal Truth In Lending Act and its implementing regulations (Regulation Z), (c) violation of the Federal Real Estate Settlement Procedures Act, (d) violation of New York Deceptive Pratices Act - Section 349 of the General Business Law, (e) fraud, (f) civil conspiracy to commit fraud, (g) aiding and abetting fraud, (h) conversion, (i) quiet title action - Article 15 of the New York RPAPL (ie. void the mortgage and any other claims that may have arisen as a result of the transaction in question).
Representing the plaintiffs / homeowners in this lawsuit are Christopher D. Lamb, and Sarah T. Gillman, of Counsel, for The Legal Aid Society of New York (Staten Island).

For a copy of the lawsuit, see Harvey vs. Home Savers Consulting Corp., et al.

Go here for other posts on Home Savers Consulting Corp. equitable mortgage yak