Connecticut Homeowner Slaps Foreclosure Rescue Operator With Federal Lawsuit

In New Haven, Connecticut, the New Haven Independent reports on a foreclosure rescue deal involving a homeowner facing foreclosure and local real estate agent Alex Ortner and his investors, operating through the Whittier Road Land Trust and the Temperly Investment Group LLC:

• Arthur and Joanne Taylor were days away from losing their Westville home to foreclosure when a man came knocking on the door. He had a plan to save them. Alex Ortner and his real estate company ended up making at least $25,000 off the family in a buy-back scheme now being challenged in New Haven U.S. District Court. After getting slapped with a lawsuit filed in October by attorney Gary Sklaver, Ortner said he won't be making the same offer to desperate homeowners anymore.

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• Sklaver considers Ortner's transaction was not just a sale with buyback option, but a "disguised loan" with an exorbitant interest rate. In this case, investors advanced $36,000 towards the mortgage and were repaid $78,583 a year later, Sklaver calculated - that's a 120 percent interest rate.

• Sklaver contends the Taylors' home sale falls under the Truth In Lending Act, which requires disclosure of certain information including the interest rate and an option to rescind. Since no such information was disclosed, his clients should be able to rescind the transaction they unwittingly fell into ... , Sklaver argued.

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• Ortner said he's been sued once before by homeowners in a similar buyback case. He agreed to pay a settlement, because "our paperwork wasn't clear for our case." This time, with the Taylors, he said he made sure "everything was made clear." [...] Though Ortner didn't agree he had done anything wrong, he did say the lawsuit has forced him to change his ways. When he knocks on the doors of soon-to-be-foreclosed homes, he said he no longer offers owners to buy back the house: "I can't do that anymore, because people seem to want to sue me if I do that."

For more, see Suit Reveals Foreclosure Rescue Scam.

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.).