Tuesday, December 18, 2007

Complaint Claims Consumer Clipped For $50K+ By Mortgage Servicer

According to a lawsuit recently filed in a West Virginia state court, Select Portfolio Servicing, Inc. (the firm formerly known as Fairbanks Capital Corp.) is being accused of collecting over $50,000 more than what was due from a West Virginia homeowner, whose mortgage balance had been previously reduced pursuant to a legal settlement in a previously litigated class action lawsuit. The current lawsuit, filed on November 14, 2007, alleges, among other things:
  • "The Defendant [Select] failed to follow the ordered new payoff schedule consistent with the reduced loan. Despite the Court Order, the Defendant continued to treat the entirety of the loan as due, and have month-by-month demanded the full payment. Since January 2001, the Defendant has sent over eighty-two demands for payment that misrepresent the total amount due."
In a procedural maneuver, counsel for Select has filed a request last week to move the case from the state court to a West Virginia Federal Court.

Representing the consumer is attorney Daniel F. Hedges, Charleston, West Virginia.

To view the lawsuit, see Helen B. Moss v. Select Portfolio Servicing, Inc. f/k/a Fairbanks Capital Corp.

To view the request to move the case, see Notice of Removal. questionable mortgage servicing practices tactics yak

Race Discrimination, Civil Rights Violations Alleged In Predatory Mortgage Servicing Lawsuit - Class Action Status Sought

A lawsuit filed in a New Haven, Connecticut Federal Court last week alleges that Wall Street investment banking firm Bear Stearns and its EMC Mortgage servicing unit engaged in:
  • "[r]acially discriminatory practices ... in servicing near-prime and sub-prime residential home loans" and claims that "EMC and Bear Stearns intentionally sought out non-prime loans, predominanly made to Hispanics and African Americans, in order to reap profits from their predatory servicing practices."
The predatory servicing practices complained of in the suit include:
  • "[t]he imposition of unwarranted fees and costs, the pyramiding of late fees, the unjustifiable force-placing of insurance, the failure to properly credit payments, the unwarranted reporting of derogatory information regarding borrowers to credit reporting agencies, and the failure to properly administer escrow accounts."

Representing the homeowners are the firms Butler Norris & Gold, Hartford, Connecticut, and James, Hoyer, Newcomer & Smiljanich PA., Tampa, Florida.

To view the lawsuit:
See also, Bear Stearns Mortgage Unit Accused of Predatory Loan Servicing (Bloomberg News).
.
Go here and go here for other posts on alleged race bias in real estate transactions.

Go here , go here , and go here for posts on questionable mortgage servicing practices. questionable mortgage servicing practices tactics yak race bias predatory lending

One View Of The Mortgage Loan Servicing Industry

For an interesting look at one point of view of the mortgage servicing industry, check out this YouTube video on mortgage servicing (suited only for those with a sense of humor). questionable mortgage servicing practices tactics yak

Monday, December 17, 2007

Miami Feds Charge 31 In Alleged Cash Back, Straw Buyer Mortgage Scam

From the office of the U.S. Attorney - Southern District of Florida:

  • R. Alexander Acosta, United States Attorney for the Southern District of Florida, [and officials from other government agencies involved in the investigation] announced today charges against 31 defendants in the most recent multi-million dollar mortgage fraud scheme in South Florida.

The indictment charges lead defendants Juan Torrens, Rachael Torrens, Daniel Ramos, Alfonso A. Muxo, and Katherine Harris with conspiracy to commit wire fraud and/or wire fraud for their participation in a massive mortgage fraud scheme. This scheme allegedly involved fraudulent mortgage loans obtained for the purchase of 28 properties located in Miami-Dade and Broward Counties, and in the City of Marco Island. According to the indictment, the five were part of a conspiracy that operated to:

  1. identify sellers of residential properties who were willing to overstate the true selling price of their properties,
  2. recruit and pay straw buyers to pose as buyers and ostensibly participate in the purchase of the selected properties,
  3. prepare and cause to be prepared on behalf of straw buyers fraudulent mortgage loan applications (which included false employment verifications, pay stubs, income and funds on deposit, and IRS Forms W-2); said applications were then signed by the straw buyers,
  4. prepare, for a fee, fraudulent appraisals to support the overstated sales prices on the properties,
  5. create and submit phony closing statements to the lending institutions financing the transactions,
  6. pocket the cash for the difference between the inflated price and the actual selling price of the property, and
  7. attempted to make the payments on the fraudulently-acquired mortgage loans while they tried to turn around and unload the newly-acquired properties. Some of the lenders ultimately got stiffed on their payments and their mortgages went into foreclosure, leaving them holding the bag.

In addition to the above five defendants, 25 straw buyers were also indicted for wire fraud on account of their participation in the transactions. One bank employee from Regions Bank was also named as a defendant in the indictment.

For more, see the U.S. Attorney Press Release - Federal-State Mortgage Fraud Initiative Charges 31 Defendants In Multi-Million Dollar Mortgage Fraud Scheme.

See also, 31 Accused in Florida of Falsifying Home Loans (The New York Times).

Go here to watch the U.S. Attorney announcement (Associated Press video at MiamiHerald.com).

For a copy of the indictment, see United States of America vs. Torrens, et al.

Miami Straw Buyer Cops Plea In Alleged Cash Back Scam

U.S. Attorney R. Alexander Acosta, Southern District of Florida, announced that defendant Felipe Nunez pleaded guilty on December 14, 2007 to one count of money laundering, in an alleged cash back, straw buyer mortgage fraud scam that resulted in the indictment of fourteen other defendants. Nunez admitted in court that he was paid $20,000 to purchase two properties selected by defendants Henry Quintero-Lopez and Lazaro Villalba, the apparent leaders of the alleged racket. For more, see the U.S. Attorney Press Release.

Go here for the 9/27/07 U.S. Attorney Press Release on this case and go here for the Indictment - U.S. vs. Quintero-Lopez, et al.

ABC News' Nightline On Alleged Mortgage Servicing Company Ripoffs

Last Friday night, ABC's Nightline ran a piece on the mortgage servicing industry and the problems some servicing companies have been accused of causing to homeowners in connection with servicing their home mortgages. Featured in the story were:
  • New Hampshire homeowner Mike Dillon and the ongoing problem he's had with a mortgage company formerly known as Faorbanks Capital Corporation (now known as Select Portfolio Servicing) that serviced his home loan;

  • North Carolina consumer bankruptcy attorney Max Gardner who asserts that it is not uncommon that his clients' cases involve charges tacked on by servicing companies that shouldn't have been charged (in addition to practicing law, he runs Max Gardner's Bankruptcy Boot Camp where, according to his website, trains other attorneys to use every available consumer protection statute in his system including the FDCPA, TILA, UDAP, FCRA, ECOA, the automatic stay and the discharge injunction when representing individual consumers);

  • Professor Katherine M. Porter of the University of Iowa College of Law, who discusses some of her findings which have been recently published in a research paper, Misbehavior and Mistake in Bankruptcy Mortgage Claims, in which she examined mortgage servicing companies' frequent non-compliance with law in consumer bankruptcy cases.

To read the online transcript of the ABC Nightline program, see 'Playing the Odds' (Lawyer Max Gardner Says Some Mortgage Servicers May Be Taking Homeowners for a Ride).

The link to the video of the program will be posted when it becomes available.

For more on:

Go here , go here , and go here for posts on questionable mortgage servicing practices.

Go here for more posts on homeowners and their attorneys who are using Federal & state consumer protection statutes, including the Federal TILA to try and undo the bad loans. undo mortgage loans TILA alpha questionable mortgage servicing practices tactics yak

CNN On Homeowner Fighting Foreclosure Rescue Operator To Keep Home

Some time ago, the CNN business program Open House with Gerri Willis featured a Florida couple facing foreclosure and their experience when they unwittingly signed over their home to a title-holding land trust in a deal arranged by foreclosure rescue operator Jack Moussa and his Florida Housing Council ("FHC"). Interviewed for the piece was Florida attorney David Silverstone, who represents the homeowners in a lawsuit against Moussa and FHC in which Silverstone seeks to void the deed transfer, alleging that the foreclosure rescue transaction was a disguised loan that violates the Federal Truth In Lending Act, the Florida Deceptive and Unfair Trade Practices Act, and the Florida usury statute. Based on the transaction the homeowners entered into with Moussa, Silverstone claims that the return on investment on the disguised loan was 300%, more than the maximum amount allowed by Florida law.

To watch the video, see Rescue or Ripoff? (Open House with Gerri Willis; CNN).

Go here for other posts on Florida foreclosure rescue operator Jack Moussa and the Florida Housing Council.

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

Editor's Note:

There is plenty of case law in Florida (and other places as well) that can be used to support a court's decision to recharacterize sale-leaseback foreclosure rescue deals as (possibly usurious?) secured loans / equitable mortgages. Go here for more on the Florida case law on equitable mortgage (some of which also addresses usury) to consider how the case law may be applied to foreclosure rescue transactions structured as a sale leaseback, or variations thereof, with a right to buy back the property in the future.

It may only be a matter of time before the Florida Attorney General's Office "steps up to the plate" and begins to prosecute foreclosure rescue operators who offer sale leaseback programs for violating Florida's usury statutes:

  • Civil usury - Section 687.03, which currently sets a maximum 18% per annum interest, and applies to advances up to $500,000;
  • Criminal misdemeanor usury - Section 687.071(2), generally applies on interest willfully and knowingly charged in excess of 25% per annum but not exceeding 45% per annum;
  • Criminal felony usury - Section 687.071(3), generally applies to interest willfully and knowingly charged in excess of 45% per annum,
  • Debt unenforceable - Section 687.071(7) states that a loan made in violation of the Florida criminal usury statute is unenforceable.
For more on foreclosure rescue and equity stripping arrangements, generally, see DREAMS FORECLOSED: The Rampant Theft of Americans' Homes Through Equity-stripping Foreclosure 'Rescue' Scams (4.61 MB approx.).

Victims' Attorneys Seeking To Void 800+ Mortgages In Pensylvania Ponzi Scheme; Request Class Action Transfer

Lancaster Online reports:

  • Attorneys who filed a class-action lawsuit on behalf of customers defrauded by Wesley A. Snyder's defunct mortgage businesses [were due] in court again [last] Thursday. This time, the lawyers [...] seek to move their case from federal court in Philadelphia to U.S. Bankruptcy Court in Reading. An attorney representing Snyder's customers said Tuesday that a motion will be considered to join the customers' suit with the bankruptcy cases filed by Snyder's companies, including OPFM Inc. Personal Financial Management Inc. and Image Masters Inc.

***

  • Attorneys representing Snyder's customers are seeking to void about 811 mortgages Snyder brokered in his customers' names with about two dozen banks. [...] Snyder's businesses soaked homeowners, including 300 from Lancaster County, for more than $26 million and ripped off 31 investors for $3 million.
For more, see Attorneys want class-action suit in mortgage case moved.

According to WFMZ-TV Channel 69, the request to transfer the case was denied. Watch the Channel 69 video for more.

Go here and go here for other posts and links to earlier media reports on the Pennsylvania Ponzi scheme involving OPFM, Image Masters, and other companies operated by Wesley Snyder.

Sunday, December 16, 2007

Ohio Feds Indict Foreclosure Rescue Operator

From the U.S. Attorney's Office in Cleveland, Ohio:
  • Gregory A. White, United States Attorney for the Northern District of Ohio, [on Wednesday] announced that a federal grand jury in Cleveland, Ohio, charged James A. Warsing of Ashtabula, Ohio, with eight counts of Mail Fraud. The indictment charges that between 2001 and 2005, James A. Warsing, using his company, WJW Enterprises, devised a scheme to defraud various homeowners threatened with foreclosures, by falsely promising he could save the homes from foreclosure. It was further alleged that Warsing fraudulently obtained large sums of monies from homeowners promising to use such monies to settle their accounts with lenders but used the money for other personal and business purposes.
For more, see U.S. Attorney News Release.

To view grand jury charges, see Indictment - U.S. v. Warsing.

Go here for more on WJW Enterprises.

Texas AG Files Suit Against Another Upfront Fee Foreclosure Rescue Operator

(originally posted 10-14-07)
According to a press release from the Texas AG's office:

  • Texas Attorney General Greg Abbott took legal action Thursday against an unlawful Arizona-based foreclosure rescue operation that targeted struggling Texas homeowners. According to court documents, Abell Mediation, Inc., and its president and vice-president, Elizabeth Cory and Michael Cory, respectively, fraudulently advertised that the company could save homeowners from imminent foreclosure. The enforcement action seeks a temporary and permanent injunction stopping the defendants from falsely soliciting distressed Texas homeowners.

***

  • Homeowners who contacted Abell Mediation, Inc. were pressured to pay fees between $800 and $1,200 immediately. Abell Mediation, Inc. strictly prohibited homeowners from contacting their mortgage lenders. After homeowners paid the fees, many never heard back from the defendants’ representatives and often lost their homes anyway.

For more, see the Texas AG's press release - Attorney General Abbott Takes Legal Action Against Foreclosure Rescue Firm's Unlawful Texas Operations (Clients of Abell Mediation, Inc. urged to call their lenders immediately).

For additional information:

For story update (12-10-08), see Final judgment against Abell Mediation, Inc..

Idaho AG, Foreclosure Rescue Operator Reach Legal Settlement

(originally posted 10-14-07)
From the Idaho Attorney General's Office:
  • Highland Financial, a Post Falls business that offers mortgage foreclosure rescue services, will change its business and advertising practices, Attorney General Lawrence Wasden said. Under the terms of a legal settlement, Highland Financial agrees to comply with the Idaho Consumer Protection Act in its future advertising and promotions. [...] Highland Financial advertised that it could help financially distressed consumers end the “stress,” “worries,” and “hassles” of foreclosure, bad credit, and eviction. The Attorney General alleged the company failed to make certain disclosures and may have misrepresented to homeowners that they could help homeowners retain ownership of their homes and improve their credit when that was not the case.

For more, see Idaho AG press release - Wasden Reaches Settlement with Highland Financial.

See also, Post Falls foreclosure rescue firm settles with Idaho A.G. (Idaho Business Review).

California Legislature Urged To Strengthen Statutes Regulating Foreclosure Rescue

In Northern California, the sixth in a series of editorials on elder financial abuse in the Contra Costa Times urges the State of California to pass AB 1356, a law that would strengthen the current laws regulating foreclosure rescue operators in California. An excerpt from the article:

  • The Legislature can and must take a major step now to curb foreclosure rescue abuses. AB 1356 would have done just that, but the law fell victim to petty politics. For starters, it would have required foreclosure rescuers to clearly let people know in bold letters that they would no longer be the homeowner.

  • It would have also required that equity sales contracts be recorded with the county. That would have prevented foreclosure rescuers from selling the property to a third party who knew nothing about the individual's option to repurchase the property.

  • Finally, the law would have mandated that anyone signing an equity sales contract must first undergo pre-loan counseling. Homeowners going through foreclosure are in a panic. They don't know where to turn. They're not thinking clearly. They often don't realize that there may still be time to salvage some of the equity. They have a tendency to hunker down and hide, ignoring notices from their lender. Yet what they should do is contact the mortgage company to try to work something out. Foreclosure rescuers pressure homeowners not to talk to anyone but them. Their game is to run out the clock until it's too late for homeowners to get real help. It's time to derail the foreclosure rescue gravy train. The Legislature must revive and pass AB 1356.

For more, including a story of an elderly couple facing foreclosure who had the equity in their home stripped, and ultimately lost their home after doing business with a foreclosure rescue operator called Bridgeport Capital Management in Irvine, see Theft of Elder Nation: An editorial series - Place legal curbs on 'rescue' practice.

Go here for all posts and links to this Contra Costa Times editorial series on elder financial abuse.

Go here for the proposed statute, AB 1356; and here for Bill Analysis on AB 1356.

For California's current state law regulating foreclosure rescue operators, see:

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

Nevada AG, Secretary Of State Issue Joint Foreclosure Rescue Advisory

From the Nevada Attorney General's office:
For more, including what to look out for, see Masto And Miller Warn Nevadans To Beware Of Foreclosure Rescue Scams.

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.).

Foreclosure Rescue: News On Video

Online Videos On Foreclosure Rescue

For those who hate reading and love watching TV, I've compiled the following list of links to television coverage of stories involving foreclosure rescue from around the country - most of which have appeared elsewhere on this blog, and with a few new ones thrown in.

Recently added videos (since 6-12-08):

  1. Gonzales Woman Arrested For Mortgage Fraud (Police: Woman Charged Homeowners Thousands) KSBW-TV Channel 8 - Monterey County, California (added 8-19-08);
  2. Former Stripper Ran Foreclosure Rescue Scam (story of one victim of alleged Metropolitan Money Store foreclosure rescue scam; WMAR-TV Channel 2 (Baltimore, Md) - posted on website, Daily Motion),
  3. Secret deal leaves family facing foreclosure - again; WOOD-TV Channel 8 (Grand Rapids, Michigan) (added 7-30-08).

Recently added videos (since 12-16-07):

  1. Are People Preying On Your Financial Misfortune? (KCBS-TV Channel 2 - Los Angeles),
  2. Homeowners Unknowingly Sign Away Property (NewsChannel 5, Nashville, Tennessee),
  3. Foreclosure Fears (The potential for scams is on the rise as homeowners become more desperate) (ABC-TV Good Morning America),
  4. CBS 11 Investigates Foreclosure Rescue Company (CBS 11 TV, Dallas / Fort Worth, Texas).

Videos as of 12-16-07:

  1. Freddie Mac Dramatizes An Equity Stripping Scam (Federal Home Loan Mortgage Corporation - "Freddie Mac"),
  2. Predators Prey On Homeowners Facing Foreclosures (KCBS-TV Channel 2 - Los Angeles),
  3. Homeowners Targeted By Foreclosure Agents (KCBS-TV Channel 2 - Los Angeles),
  4. A Home Mortgage Mess (WABC-TV Channel 7, New York City),
  5. Homes stolen by 'Home Savers'? (Heartbroken people lose homes, equity to "Home Savers"), (WABC-TV Channel 7, New York City),
  6. Valley teacher, former business partners tied to federal mortgage probe (ABC 15, Phoenix),
  7. 87-Year Old Scammed In Foreclosure Rescue Refinance Scam (CBS2 - Chicago),
  8. Rescue or Ripoff? (Part 1; Open House with Gerri Willis; CNN),
  9. Rescue or Ripoff? (Part 2; Open House with Gerri Willis; CNN),
  10. Mortgage Rescue? Rip-Off! (MoneyTalksNews),
  11. Beware of Foreclosure Rescue Scams (KOMO-TV Channel 4 - Seattle),
  12. Beware of foreclosure rescue scams (a different video from #5, above) (KOMO-TV Channel 4, Seattle),
  13. Hazards Of Foreclosure Rescues (KIRO-TV Channel 7, Seattle),
  14. Foreclosure scams prey on homeowners (Reuters News Service),
  15. Texas Attorney General Deals with Foreclosure Rescue Scams (Channel 2, Texas),
  16. Vulnerable homeowners target of scams (NBC News),
  17. Homeowners sue mortgage company (NBC News),
  18. Home Lost In Foreclosure Scheme (Central Florida News 13 - Orlando),
  19. Man jailed for 'foreclosure rescue' theft (WOOD-TV Channel 8, Grand Rapids, MI),
  20. Company accused of exploiting the desperate - Part 1 (Fox Channel 13, Tampa, FL),
  21. Second company accused of mortgage scam - Part 2 (Fox Channel 13, Tampa, FL),
  22. ConsumerWatch: Foreclosure Scams (CBS Early Show),
  23. Mortgage Foreclosure Scams (NBC Today Show),
  24. Foreclosure Scams - Don't Get Taken (CBN Network),
  25. Foreclosure Scams Skyrocketing Across S. Fla. (CBS 4, Miami, FL),
  26. Mortgage Scams More Rampant Than Ever In Fla. (CBS 4, Miami, FL),
  27. Foreclosure Fraud: Predators Want Your Home (CBS 4, Miami),
  28. Church Members: We Were Scammed Out Of Our Homes (CBS 4, Miami),
  29. Homeowners facing foreclosure are targeted again (WKYC-TV Channel 3, Cleveland, OH),
  30. Foreclosure Rip-Offs (KHOU-TV Channel 11, Houston, TX),
  31. Feds Seize Alleged Shoddy Businessman's Belongings (WBAL-TV Channel 11 - Baltimore),
  32. Woman May Lose House After Answering TV Ad (WBAL-TV Channel 11, Baltimore, MD),
  33. Woman Claims To Be Swindled In Foreclosure Feud (WBAL-TV Channel 11, Baltimore, MD),
  34. Woman Gets Home Back After Fraud Investigation (WBAL-TV Channel 11, Baltimore),
  35. Victims Of A Foreclosure "Rescue" (CBS News Shows How A Growing Scam Is Exploiting Homeowners In Foreclosure) (CBS News),
  36. Woman Falls Victim To 'Mortgage' Program (Resident On Verge Of Losing Home) (WCVB-TV Channel 5, Boston),
  37. Woman Falls Victim To 'Mortgage' Program (Resident On Verge Of Losing Home) (WCVB-TV Channel 5 - Boston, MA),
  38. Foreclosure Rescue Scheme Turns Homeowners Into Tenants (Land Trust Agreement That Offers Help Often Costs People Their Homes) (WCVB-TV Channel 5, Boston),
  39. I-Team Investigation: From Homeowner to Homeless (KLAS-TV Channel 8, Las Vegas),
  40. Woman Scammed Out Of Home (FBI: Mortgage Fraud Cases Increase) (WRC-TV Channel 4, Washington, D.C.),
  41. Mortgage Rescue Services (Some mortgage rescue services are really con artists) (WRC-TV, NBC 4, Washington, D.C.).
  42. News19 On Your Side: Foreclosure Fraud Alert (WLTX-TV Channel 19, South Carolina),
  43. Consumer warning: Home foreclosure nightmares (WCNC-TV, North Carolina).

Real Estate "For Sale" Signs An "Invitation" For Copper Thieves?

In York, Pennsylvania, WHP-TV Channel 21 reports:
  • Realtors don't even want to hang up signs that say ”For Rent” or “For Sale” anymore. They say it's not just an invitation for tenants - but an invitation for thieves. Realtors Bob Williams and Charlotte Bergdoll are competitors when it comes to selling and renting homes in York: but they're working as allies now - fighting the metal burglars ruining their business.

  • First time they took copper pipe the second time they cut the electric out of it and the third time they cut the air conditioner pipe.” Williams has been a victim of metal thieves so many times - he doesn't want to buy any more homes in the city. “But you know for $200 worth of valuable copper it cost me $16,000 in property damage, it's not worth it.”

***

  • Bergdoll - who manages hundreds of city properties - believes more needs to be done to stop it. “These people are going in there and cutting gas lines there's gonna be an explosion and that may be what it takes before the city gets serious about this.”

For more, see Copper thefts bad for business in York.

For other stories on stolen copper, see Copper Thefts I and Copper Thefts II. copper metal theft yak

Unoccupied Homes A Target for Copper Thieves

Selected news reports (some recent, some not-so-recent) from around the country on the targeting of vacant homes by those in the "copper theft industry":

Syracuse, New York: Copper piping pilfered from Syracuse homes ("Burglars stripped copper piping from eight homes [on one] weekend... . [...] Most of the homes hit were vacant or under renovation.")

Gaffney, South Carolina: Copper stolen (7th blurb from the top - A currently vacant home was broken into through a basement door; copper electrical wires and pipes were stolen),

Chillicothe, Ohio: Pair arrested for thefts of copper pipe (Police report rash of metal being stolen around town) (Suspects had about a dozen pieces of copper piping, screwdriver and crowbar inside their car; the piping looked like it matched up with a recent theft at a vacant home),

Richmond, Virginia: Suspects in Copper Theft Caught on Tape (Alleged copper thief caught on tape removing the copper gutters and drain spouts from a vacant house). copper metal theft yak

Landlord Employs Unique Tactic To Catch Copper Thieves

In Cincinnati, Ohio, WKRC-TV Channel 12 reports:
  • A local business owner fights back against copper thieves after several expensive break-ins. The latest happened Thursday [...] . Thieves ripped out new drywall in four apartments and a laundry room and cut copper pipes, while the water was still running. Dan Schimberg owns the property and Uptown Properties, which encompasses hundreds of buildings all over the Tri-State. He says he now hires sub-contractors to stay in vacant buildings overnight and keep an eye out for copper thieves. Police were able to catch one of the crooks in Thursday's robbery because a sub-contractor was waiting for them.

For more, see Business Owner Fights Back Against Copper Thieves. copper metal theft yak

Copper Thieves Strike Synagogue; Leave $30K Damage

In Springfield, Massachusetts, CBS 3 reports:
  • The scrap thieves are at it again. They have moved on from abandoned houses to a synagogue of all things.Thursday morning Hy Rabinovitz, the President of Kesser Israel Synagogue in Springfield, found his place of worship torn apart. Thieves ripped up baseboard heaters and piping, in search of all the copper they could get.Vandals have been targeting vacant houses for copper piping and wiring for years, but lately they seem to be more brazen. [...] At Kesser Israel, the vandals ripped up everything from the floor to ceiling, causing about $30,000 in damage. Their boiler room was filled with five feet of water when the the vandals broke the main water pipe. Everything was submerged, even an electrical switch.

For more, see Scrap Thieves Strikes Synagogue; go here to watch the CBS 3 video.

For more on copper thefts, go here , and go here. copper metal theft yak

Copper Thieves Add Aluminum Guard Rails On Freeways To Their List Of Targets

In Irvine, California, The Orange County Register reports:
  • With copper prices hovering around all-time highs, local law enforcement has been battling an on-going war against thieves targeting copper and other high-priced metal. Everything from copper valves to piping to aluminum guard rails on freeways are disappearing as thieves turn the stolen metal into scrap yards.

For more, see Police arrest suspect in copper theft. copper metal theft yak

Saturday, December 15, 2007

Unaffordable House Payments, Homeowners Seeking Insurance Cash Arouse Arson Fears, Say Some Industry Players

Realty Times reports:
  • Insurance fraud investigators say they are bracing for an outbreak of home arsons set by cash-strapped homeowners looking for insurance money to escape from foreclosure. [...] The Coalition Against Insurance Fraud says the illegal tactic is not new, but the coalition fears current market conditions could trigger a home-based arson outbreak beyond normal levels. [...] "I don't believe that it's had time to ripple through the market yet to the point that many people have reached the point of desperation, but I absolutely think it's coming" says Alex Ahart, a fire investigator with EFI Global, an insurance claims investigator.

For more, see Burning Down The House.

For other stories on fires & foreclosures, go here and go here. foreclosure arson yak

Minneapolis-Area Cops Busy Busting Grow House Ops

In Minnesota, the Minneapolis Star Tribune reports:
  • Hennepin County narcotics officers are busting more home-grown marijuana operations -- sometimes in upscale suburbs. One reason for increased home production is the decreased flow of high-grade pot from Canada since border controls tightened up after the Sept. 11, 2001 terrorist attacks, said Sheriff Rich Stanek. Another factor is more indoor cultivation of higher-grade marijuana that's is up to six times more potent than that sold years ago, he said. Higher potency raises dealer profits and also may increase addictiveness, a drug expert said.

For more, see Marijuana growers tend potent kind of pot.

See also, Big Money, Violence Behind Minneapolis Marijuana (Hennepin County Sheriff's statistics on marijuana busts, trends) ("Local marijuana grow operations and related violent crimes are on the rise in the Minneapolis metro, according to Hennepin County Sheriff Rich Stanek." - My Fox TV Channel 9; 12-11-07).

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

For the kinds of health and safety concerns arising from using homes to cultivate marijuana, not to mention the kind of damage such operations can inflict on a home, see Beware Of Homes Used As Indoor Pot Farms & Meth Labs.

Go here and go here for other posts on Marijuana Grow Houses. pot grow ops alpha

The Invisible Legacy Left In Homes Used As Meth Labs

A People magazine article published in 2005 described the hazards awaiting subsequent owners/occupants of homes once used as labs to manufacture methamphetamine. The article tells the story of three families and their experiences with contaminated homes that they unwittingly purchased and moved into. The cost to the families' health and finances, and in one case, the stress that may have led to a failed marriage, are described in some detail.

For more, see Homes Toxic Home (Buyers Beware: Owners of homes once used as methamphetamine labs are having health problems -- and sometimes going broke trying to clean up their toxic houses) (no longer available online).

For links to more on meth labs from the FLDFS, see:
  • Are you living next to a ticking time bomb? (links to articles & press releases on meth labs), (no longer available online),
  • Methamphetamine Videos (links to videos made available by the FLDFS).

For a related post, see Beware Of Homes Used As Indoor Pot Farms & Meth Labs.

Go here for some methamphetamine information resources.

Go here and go here for other posts on home based meth labs. meth lab zeta

NAR Field Guide To Meth Labs

The National Association Of Realtors ("NAR"), through its Information Central, has compiled a list of useful links to media reports and other sources from around the country that deal with the hazards of meth labs and the real estate used to house them. Links to articles describing the growing epidemic and warning signs, as well as articles describing issues related to property management, disclosure, and decontamination are included. Although the links to some of the media reports have expired, the remaining links provide ample information for those interested in the subject. For more, see Field Guide to Meth Labs (NAR's Information Central).

Go here for some methamphetamine information resources.

Go here and go here for other posts on home based meth labs. meth lab zeta

Alleged "Dope Hotel" Evacuated Upon Meth Lab Discovery On Premises

In Orlando, Florida, WFTV Channel 9 reported in October:
  • Orlando police broke up a potentially explosive meth lab at a local hotel. [...] Investigators said a maid and a security team at the Vacation Lodge led officers to the operation ... . "This hotel is the biggest dope hotel in the city of Orlando. It caters only to druggies, drug addicts and prostitutes," said Greg May, an Orlando resident.

For the story, see Maid Leads Police To Meth Lab At Orlando Hotel; or go here to watch the WFTV video report.

See also, Meth Lab Found In Orlando Hotel ("A meth lab was located at an Orlando hotel, [...] forcing officials to evacuate the facility") (WKMG-TV Channel 6, Orlando).

Go here for some methamphetamine information resources.

Go here and go here for other posts on home based meth labs. meth lab zeta

Friday, December 14, 2007

Minneapolis-Area Non-Profits To Receive Funding For "Tenant Rights" Counseling For Renters Facing "Foreclosure Eviction"

In Hennepin County, Minnesota, the Minneapolis Star Tribune reports:
  • Concerned that home foreclosures are displacing renters who don't know their rights, the Hennepin County Board moved Tuesday to boost resources to help renters stay in foreclosed homes as long as possible and prevent empty houses from becoming targets for vandals.

  • The board gave preliminary approval for $70,000 in new county funding to go to three nonprofits that counsel renters on their rights. That money will be matched by state money from the Family Housing Fund, a nonprofit group that works to ensure affordable housing in the seven-county metropolitan area. It follows a county investment of $300,000 earlier this year to counsel homeowners who face possible foreclosure.

  • "There is no silver bullet ... but this is an attempt to balance the help we've already given to homeowners," said county Commissioner Gail Dorfman.

For more, see Some help for renters caught up in foreclosures (Looking to keep people in homes, the Hennepin County Board supports money for groups advising on their leasing rights). equity skimming unwittingly gamma

Foreclosure Frustration Hitting Renters Throughout South Florida

In Miami, Florida, CBS4 reports:

  • When Tamara Rutter moved into her new downtown apartment, she couldn't wait. "We we're so excited," said Rutter. "It was our first place together." But things quickly changed with a knock on her door. "She handed me over a huge stack of papers and said you are being foreclosed on," said Rutter. Tamara may have seen it coming if she owned a condo, but she rents. It was shocking for her.

  • What happened to her is happening across South Florida. Despite rents paid on time, landlords can't afford the mortgage, often double what they are renting for. Tamara had 60 days to move out while they foreclosed. She held back rent, in essence getting her deposit back.

For more, see Renters Beware, Foreclosures May Affect You Too. To watch the CBS4 video coverage, see Foreclosures: Not Even Tenants Are Safe.

For other posts involving rent skimming landlords who pocket rent and allow homes to go into foreclosure, see Tenants Unwittingly Renting Homes In Foreclosure I , II , III , and IV.

Go here for other posts related to the Miami condo market problem. equity skimming unwittingly gamma

Utah Feds Indict Six In Cash Back Flipping Scam; Straw Buyers Include Local TV Sports Anchor

According to several Utah media reports:
  • Six Utah residents have been indicted by a federal grand jury on charges they conspired in what prosecutors are calling a mortgage fraud scheme that totaled at least $18 million in fraudulent loans. [This week] a federal grand jury returned a 15-count indictment against six residents, charging them with counts of wire fraud, mail fraud and conspiracy to commit a crime.

***

  • The alleged fraud involved entering false sales prices in the Multiple Listing Service, then using the exaggerated figures to support inflated appraisals of other properties in the affluent River Bottoms area. The defendants used straw buyers to flip five residences in the neighborhood, according to the indictment, and kept the difference between the home loan and the actual value of the properties.

Charged in the indictment are: David R. Bolick, 51, owner of Home Owners Group (H.O.G.) and Paragon Investment Group L.L.P., Bradley Grant Kitchen, 40, who allegedly participated in real estate transactions with H.O.G. and Paragon, Steve Wells Cloward, 40, a licensed real estate appraiser with Express Appraisal, Ron K. Clarke, 40, a licensed real estate agent, and Jeffery David Garrett, 43, and Rebecca Ann Hadlock, 31, both of whom are escrow officers with Precision Title Co.

Reportedly, three lower-level participants have copped plea deals in state court and have agreed to cooperate with prosecutors. Among those cooperating is KUTV Channel 2 sports anchor/reporter Dave Fox, who pleaded guilty in September for his participation in the operation as a straw buyer. For more, see:

Curbing Elder Financial Abuse Through Required Reporting To Authorities

The fifth in a series of editorials by the Contra Costa Times (Northern California) on elder financial abuse focuses on a California state law, which became effective in January, 2007, which requires reporting of suspected elder financial abuse in certain cases:
  • [The Financial Elder Abuse Reporting Act] requires all employees of financial institutions - banks, credit unions and savings and loans - to contact the police department or Adult Protective Services if they suspect that an elderly person is a victim of financial abuse. Those who fail to do so face fines of up to $5,000. Financial institution employees now join other so-called mandated reporters who often come into contact with elderly people and are in a position to detect hidden abuse. They include health care workers, state and county employees, nursing home staff, clergy, and law enforcement.

***

  • When it comes to elder financial abuse, financial institutions are often the scene of the crime. Brazen elder predators have been known to march seniors up to the teller window in their pajamas. Our financial institutions are an important early warning system for detecting elder abuse. Their employees can spot unusual activity on an elderly customer's account, such as a $150,000 wire transfer going to a foreign lottery, or a $135,000 check written to an accountant for a bogus tax bill.
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  • California law makes it easy for financial institution employees to do the right thing. They don't even have to worry about getting in trouble if they make an honest mistake. They can't be prosecuted unless they knowingly make a false claim. No one's asking tellers to play detective, only to report in a timely manner by telephone or in writing possible crimes occurring before their very eyes.
The editorial includes the story of one 82 year-old widower who (prior to the new law becoming effective) was in the process of having his bank accounts at four financial institutions cleaned out by a scam artist when, because of the actions of alert employees at one of the institutions, an ex-felon's elaborate scheme to steal everything that the elderly man owned was foiled. It turns out that the predator had also set himself up to inherit the widower's $400,000 home and annuities worth $200,000. He's now in prison, serving a 10-year sentence for elder theft.

For more, see Theft of Elder Nation: An editorial series (Requiring reporting) (may require free registration).

Go here for all posts and links to this Contra Costa Times editorial series on elder financial abuse.

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

Thursday, December 13, 2007

New Freddie Video Dramatizes Foreclosure Rescue, Equity Stripping Scam

Freddie Mac announces:

  • Can a custom made video posted to YouTube keep troubled borrowers from losing their homes to fraud artists? Freddie Mac aims to find out.

  • One of the nation's largest investors in residential mortgages, Freddie Mac decided to produce an Internet video dramatizing a common foreclosure fraud scheme after a new survey found one in four delinquent borrowers go to the Internet before their bank or lender for information about avoiding foreclosure. Freddie Mac's anti-fraud video can be found at http://www.youtube.com/AvoidFraud.

For more from Freddie's press release, see Foreclosure Fraud: Freddie Mac Warns Borrowers with Video Dramatization on YouTube.

For Freddie's description of two common mortgage schemes, equity stripping and cash back scams, see Avoiding Mortgage Fraud.

Go here for links to other YouTube mortgage fraud videos.

Use Of Consumer Attorneys To Unwind Predatory Loans

An article in California Progress Report by San Francisco-based civil rights attorney and journalist Michele Magar focuses on the important role played by consumer attorneys in providing legal assistance to those homeowners who find themselves under the burden of predatory loans, and the importance of increasing the ranks of consumer attorneys to take on predatory cases, as descibed in the following excerpts:

  • Federal and state laws which offer statutory attorneys’ fees enable attorneys to help desperate homeowners restructure abusive loans into sustainable ones, rescind predatory mortgages altogether, and battle foreclosure rescue scams. Homeowners will have to rely on consumer attorneys in small firms because big firms often represent lenders.

  • Under the federal Truth In Lending Act ["TILA"] (15 U.S.C. §§1601 et seq.), a homeowner may rescind a non-purchase loan secured by her primary residence (home equity and improvement loans and refi’s) for up to three years if her lender did not adequately disclose the terms of the loan, or the right to cancel the loan for three business days after the closing. “Ninety percent of loan documents I see have blank three-day rescission notices or contain other TILA violations,” said Dan Mulligan, a San Francisco attorney [with the firm Jenkins Mulligan & Gabriel LLP] who specializes in helping homeowners fight abusive loans. “A simple TILA rescission claim demand letter takes about four to six months to resolve, while lawsuits take 9 to 15 months, depending on the court’s backlog and how much of a fight the defense mounts.”

  • Sorting out winnable cases is not hard to do, but lawyers have to work on contingency or rely on statutory attorneys fees because typically clients have no money to pay up front to hire lawyers,” said Shirley Hochhausen. Hochhausen teaches a predatory lending clinic at the University of San Francisco School of Law and is co-counseling 36 cases with private practitioners via the Fair Lending Consortium, a Bay area group she organized to develop predatory lending expertise among private attorneys.

  • One way for attorneys to get familiar with this type of practice is to use our services for their first case or two, they can learn a lot in a short time and use it build a new practice area,” says John Van Alst, an attorney in NCLC's [the National Consumer Law Center] Washington, D.C. office.

  • For attorneys who lack the resources to purchase manuals and hire consultants, Van Alst recommends co-counseling with legal aid attorneys. Most legal aid offices own the NCLC manuals, and are always in search of private attorneys to co-counsel cases both to increase the pool of attorneys available to help homeowners and also because federal regulations bar them from seeking attorneys fees. By co-counseling with private attorneys, legal aid lawyers can exert the same pressure to negotiate that private attorneys use: the persuasion of ever-increasing billable hours on statutory fee cases.
For more, see Right Now, Consumer Attorneys May Be the Best Hope for Californians Stuck in Predatory Loans.

For stories on consumer attorneys representing homeowners saddled with predatory home loans in a refinancing transaction, see Using Truth In Lending Act To Undo Bad Mortgage Loans. undo mortgage loans TILA alpha

Elder Financial Abuse & The General Power Of Attorney: A License To Steal That Needs To Be Revoked?

The fourth in a series of editorials by the Contra Costa Times (Northern California) on elder financial abuse focuses on a legal document known as a General Power of Attorney, the ease with which it can be obtained and used to fleece a vulnerable senior citizen by an unscrupulous individual, and the need to reform the laws that regulate the use of this document. Excerpts from the editorial:
  • A general power of attorney gives one person control over another's assets, including money, stocks, real estate, pensions, family heirlooms and anything else of value. In the right hands, it's a valuable estate planning tool. In the wrong hands, it is a financial lethal weapon.

***

  • The California Power of Attorney Act [begins at Section 4000 of the California Probate Code] was meant to ease the burden on families caring for elderly relatives unable to handle their own affairs. It allows them to quickly tap a senior's bank accounts to pay for his needs and to manage his financial affairs. The problem is that the lack of regulatory oversight has left the door open for rampant abuses. Any scoundrel can coerce an easily influenced elderly person into signing a power of attorney.

  • Once this powerful document is in hand, the abuser is off to the races. A power of attorney is the key to the treasure chest. It's amazing, really, how easy it is to get a document that gives almost instant access to everything someone else owns. The form can be downloaded off the Internet or purchased at any stationery store. You don't need a lawyer. It doesn't have to be reviewed by any government agency. Power of attorney forms are not recorded anywhere.

The point is made that while the law regulates the conduct of the holder of the power of attorney, the problem is that there is one making sure that the holder is following the law. Awareness of any ongoing ripoff of the senior usually occurs when the damage can no longer be mitigated.

For more, see Theft of Elder Nation: An editorial series (State needs to revoke theft license) (may require free registration).

Go here for all posts and links to this Contra Costa Times editorial series on elder financial abuse.

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

Chicago-Area Condo Developers Unable To Unload Inventory; Now Facing Foreclosure

In Illinois, Crain's Chicago Business recently filed two reports:

1- LaSalle files foreclosure suit against Lincoln Park condo project:
  • LaSalle Bank [a Chicago-based subsidiary of Bank of America Corp.] has filed a foreclosure lawsuit to collect $5.33 million on a past-due loan for a 41-unit condominium project at a prominent Lincoln Park intersection, one of the larger foreclosures this year. [...] Called the Ashton Lofts, the mixed-used development ... was scheduled to begin delivering units to buyers in spring 2006. According to a review of property records, only 14 of the 41 condos have sold – with the first closing March 20, 2007. The Ashton Lofts Web site lists 23 units available, priced from $330,900 to $569,900, suggesting another four may have been sold or are under contract.

2- $10-mil. foreclosure suit filed on Hillside condo project:

  • Fifth Third Bank Chicago has filed a foreclosure lawsuit to collect $10.17 million on a past-due loan for a 46-unit condominium project [a six-story building called Blue Stem] in west suburban Hillside, one of the largest foreclosure cases this year in the Chicago area. [...] A review of property records showed that only 11 of the 46 units had sold, with the first closing on May 14, 2007. This summer, in an effort to spark sales, JSG put 25 Blue Stem units up for auction, hiring Oak Brook-based Inland Real Estate Auctions Inc. It's unclear how many units were sold in the auction.

Law Enforcement Attitude Changing Towards Condo Directors' Alleged Financial Improprieties?

In South Florida, the South Florida Sun Sentinel reports:
  • Lisa Magill, an attorney who represents condo and homeowner associations, had evidence three years ago that directors in a Pompano Beach-area condo stole $178,000. She reported it to police but "I couldn't get past step one," she said. It's a civil matter, they told her. Attitudes are changing. In Broward County alone, three court cases against former association directors, managers and employees charging fraud or misuse of owners' money are scheduled to be heard between Dec. 20 and Jan. 24. "Now, there seemingly is a willingness on the part of law enforcement agencies and prosecutors to recognize that these cases aren't dogs, that they are real crimes like anything else," said Magill, president of the Southeast Florida chapter of the Community Associations Institute.
For more, see Police target thieves in condo, homeowner associations.

Wednesday, December 12, 2007

Another Ohio Judge Halts Home Foreclosure; Lender Lacked Proof Of Ownership

In Hamilton County, Ohio, The Enquirer (Cincinnati) reports:

  • [A] Hamilton County Common Pleas Court judge ruled that Wells Fargo Bank couldn't foreclose on [ a couple's] North College Hill home because its lawyers didn't prove that Wells Fargo was the legal owner of the mortgage.

  • The judge said the foreclosure lawsuit was filed before Wells Fargo owned the mortgage - thus, the suit was premature. The ruling - the first of its kind by a state court judge in Ohio since the subprime mortgage crisis erupted this year - could have profound implications on how foreclosures are handled in Ohio, which leads the nation in the percentage of mortgages in foreclosure. The local ruling comes as three federal court judges - in Cleveland, Dayton and Columbus - have issued similar opinions in foreclosure cases in the last month.

***

  • The [legal] issue [involved] is known as the "real party in interest" rule, which says that a plaintiff must prove that it has a stake in a lawsuit in order to file it. As millions of subprime mortgages are sold and resold on Wall Street, the real "party in interest" isn't always obvious. Often, the holder of the mortgage note - the legal document that gives a lender the right to take someone's home for not making loan payments - is different from the servicing company, or the bank that takes the mortgage payments.

***

  • "It is troubling that the plaintiff has filed this case before it had any interest in it," Hamilton County Common Pleas Judge Steven E. Martin said in a letter to Wells Fargo's lawyer. Martin then took the unusual step of ordering that the bank's law firm must file proof that its clients actually own the mortgages before filing any new foreclosure actions in Hamilton County. That firm, The Law Offices of John D. Clunk, based in Hudson, Ohio - is the third-largest filer of foreclosure actions in Hamilton County, with 48 properties scheduled for foreclosure sales in the next six weeks.

For more, see Judge halts foreclosures (Says banks must prove they hold mortgages) (if link expires, try here).

For other posts that reference the failure of some mortgage lenders and their attorneys to file the required loan documents when starting foreclosures, Go Here, Go Here, Go Here and Go Here.

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Question for Attorneys:

Assume that there have already been foreclosure sales that have taken place (in which homeowners have already lost their homes) where the party initiating the foreclosure was not the "real party in interest" and the judge didn't catch the error.

  1. Wouldn't the fact that the wrong party brought the foreclosure action make the final judgment in the case "void?"
  2. If the judgment is void, doesn't that make everything that happened in the case after the judgment (including the actual foreclosure sale) void as well?
  3. If the foreclosure sale in a situation like this is void, doesn't that mean that the purchaser at the foreclosure sale (and any subsequent purchaser - even a so-called "bona fide purchaser for value") acquired no title whatsoever, and that title to the home is technically still with the financially strapped homeowner (even though he or she may not realize it - yet)?
  4. If the answer to all of the above is "Yes," isn't there a significant problem with the real estate titles involving all these foreclosed homes in which the wrong party (one other than the "real party in interest") brought the foreclosure action?

If any attorney wants to substantively chime in on these questions (especially consumer and real estate attorneys, as well as attorneys with or representing title insurance companies), please feel free to drop me a line at HomeEquityTheft@yahoo.com. I would love to hear the observations. missing mortgage foreclosure docs alpha

Early Involvement Critical In Avoiding Financial Elder Abuse

The third in a series of editorials by the Contra Costa Times (Northern California) on elder financial abuse focuses on the importance of staying involved when the care of a loved one is turned over to a caretaker and being proactive when detecting signs of caretaker abuse. The following excerpts summarize the events, detailed in the editorial, that occurred when one woman hired what turned out to be the wrong caretaker for her 83 year old uncle:
  • CARMEN PAREDES SEEMED like such a sweet, friendly person. "You just never would have suspected it," said Kathleen Whittaker, who hired the Peruvian native in 1998 to help take care of her 83-year-old uncle, William Fowler. The "it" is one of the worst cases of elder financial abuse in Contra Costa County history. During 2 1/2 years, the $10-an-hour caretaker siphoned more than $600,000 away from the El Cerrito widower. Paredes, 59, pleaded no contest to felony elder abuse and tax evasion in March 2004. She was sentenced to three years' probation. She got no prison time, although the judge could have given her as many as nine years. Her two adult sons and a daughter also were implicated in the scheme. They were convicted of misdemeanors. Obviously, the law in this area is far from robust.

***

  • Whittaker says her greatest regret is that she didn't get more aggressively involved. "My purpose now," she said, "is to publicize what happened to my uncle as a warning to others."

For more, see Theft of Elder Nation: An editorial series: (Getting involved early is critical).

For links to the other editorials in this series, see Elder Financial Abuse Flying Under The Radar?

Go here for all posts on this Contra Costa Times editorial series on elder financial abuse.

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

Ex-Bank Manager's Alleged $1M+ Theft From 90+ Year Old Customer & Attempted Bank Coverup Results In Federal Indictment

In Hawaii, according to various reports:

Hawaii’s U.S. Attorney Ed Kubo recently announced the indictment of Marilyn DeMotta, 41, a former operations manager at American Savings Bank accused by a bank security manager in 2004 of stealing more than $1 million from 90+ year old bank customer Ada Lim. The alleged ripoff, which included the proceeds from the sale of the victim's investment property, reportedly left the victim penniless.

Upon discovering the theft, bank security manager Bert Corniel pushed for the bank’s senior management to aggressively pursue an investigation into DeMotta and to reimburse Lim the full amount that was stolen. Instead, the bank's management told Corniel to keep his mouth shut, and subsequently engaged in a coverup to make it look like the stolen money was really a loan from the 90+ year old victim to DeMotta.

One report describes what ocurred next:
  • DeMotta picked up three bank employees from the legal and human resources departments and took them to meet with Lim. Bank general counsel Stanley Chong, who suggested the meeting, went along in hopes that Lim would sign a statement saying she had in fact lent DeMotta the money. With big smiles, and candy and flowers in hand, the four bank employees arrived at Lim’s home with the release. She signed it.

  • [Bank security manager] Corniel filed a complaint with the FBI in 2005 saying DeMotta alleged stole more than $1 million from Lim between 2003 and 2005. It was his report that triggered a federal investigation by four federal agencies. Corniel was fired from the bank in June 2006. Corniel filed a lawsuit on Aug. 2, 2006, ..., alleging that he was fired in retaliation for blowing the whistle on the cover-up of DeMotta’s theft by the bank’s top senior officials.
On the same day Corniel filed his civil lawsuit against the bank, the 90+ year old victim filed her own civil lawsuit against American Savings for the theft of the money. While initially denying the allegations in both civil lawsuits, American Savings ultimately settled both cases, reportedly for more than $1 million each. The bank executives who played some part in the alleged scheme have since left American Savings.

The criminal indictment, handed up on Nov. 15, 2007, was kept under seal until DeMotta could be located and apprehended in Las Vegas, Nevada, where she has a home.

The 90+ year old victim still owes nearly $500,000 in back taxes and penalties for the sale of the investment property that DeMotta was supposed to have paid out of the sale proceeds, and at this point, has no way to pay the government. Federal officials would not comment on whether other bank officials will be charged in this case, and would only say the investigation involving four federal agencies is ongoing.

For more, see:

Investigator Fired For Pushing Probe Into Bogus Loans & Refusing To Participate In Bank Coverup, Says Lawsuit

In North Carolina, The Charlotte Observer reports:
  • BB&T, North Carolina's third-largest bank, vigorously denied charges Friday that a former internal investigator for the company was fired for refusing to participate in the coverup of a $20 million loan fraud. Amy Stroupe, who filed a lawsuit against the company [last] week, said she was fired for pursuing an investigation of more than 120 fraudulent real estate loans. The loans were connected to a failed development in Western North Carolina known as the Village of Penland that left investors owing banks about $120 million.
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  • Stroupe, a former sheriff's detective who was hired in 2005, was fired June 20. She alleged in her suit that she pushed her investigation of Penland because many of the loan applications used the same loan officer, appraiser, attorney and picture of what appeared to be the same mountain lot. The lots were often appraised for more than market value and sold to people who had never visited the site or met the loan officer, the suit said.

For more, see BB&T denies unfair firing (if link expires, try here).

Representing Amy Stroupe in her lawsuit is attorney John Yanchunis, with the law firm James, Hoyer, Newcomer & Smiljanich PA., Tampa, Florida. (According to their website, the firm has a nationwide practice handling whistleblower cases, and consumer cases, - including mortgage servicing problem cases - among other cases.)

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The lawsuit referred to in this story is the second reported within a month alleging BB&T Bank's involvement in a sophisticated fraud in connection with the Village of Penland project. For the earlier story, see 2 N.C. banks accused in fraud suit (Investors owe millions of dollars on N.C. mountain property worth much less) (The Charlotte Observer).

For background information on the souring of the Village of Penland project that left investors holding the bag, see The Wall Street Journal article, 'I Feel Like an Idiot' (Land Project Gone Wrong Shows How Even Well-Off Lured By Go-Go Climate) (May be a free article; if not, try here).

Go here for other posts on the Village of Penland.

Go here for other posts on whistleblower suits involving alleged fraudulent mortgage lending practices. Tony Porter