Presidential Pardon Purchase Possible As Bush Gives Pass To Developer Convicted In Mortgage Scam Screwing HUD While Daddy Gives $28K To RNC

On Long Island, New York, Newsday reports:

• Isaac Robert Toussie, the Brooklyn developer who served time in prison for masterminding a massive Suffolk real estate scam, was pardoned by President George W. Bush yesterday, effectively wiping his criminal record clean.

***

• Toussie pleaded guilty to charges in two separate cases. In one, he admitted in 2001 that he had made false statements to the U.S. Department of Housing and Urban Development, pleading guilty to a count of falsifying loan documents that illegally qualified about 100 home buyers for the HUD-backed mortgages.

***

• [Isaac Toussie's father] Robert Toussie donated $28,500 to the Republican National Committee this year, according to Federal Election Commission filings.

• The pardon shocked and outraged lawmakers and homeowners, some of whom who say they were victims of the Toussies. "In a climate where foreclosure is at its highest in history ... this guy who contributed to that foreclosure gets a pardon?" said Maxine Wilson, 42, one of five who filed [a civil lawsuit] on behalf of 400 home buyers.(1)

• "It's almost as if our pain and our hurt and our hardship really doesn't matter," added Wilson, who moved to Atlanta in 2006. "Some rich kid whose dad can buy his way out of anything can get it erased as though it never happened, as if we're so insignificant it didn't matter."

For more, see Bush pardons man involved in Suffolk real estate scam.

For story update (12-25-08), see:

• New York Daily News: Dream homes of Toussie victims were nothing but nightmares,
• Bloomberg News: Bush Cancels Pardon After Campaign Donation Disclosed,
• New York Daily News: President Bush yanks pardon of housing scammer Isaac Toussie,
• New York Post: The Pardon's Over As Bush Reverses Call.

(1) According to the story, a civil lawsuit is pending in federal court claiming homes built by the developers were shoddy and overpriced.

S. Florida Man, Others Charged With Using Unwitting Mother-In-Law's I.D. & Submitting Simultaneous HELOC Applications To Suck The Equity From Her Home

The U.S. Attorney's Office in Miami, Florida announced the return of a five count grand jury indictment charging eight participants(1) with a bank fraud scheme that resulted in the approval and disbursement of two home equity loans, totaling approximately $1 million. The U.S. Attorney's office said:

• According to the indictment, "Benny" Benach [and three others] decided to submit simultaneous applications for fraudulent home equity lines of credit (“HELOCs”) to Bank of America and Wachovia for the total amount of $1 million, requesting $500,000 from each bank. Each HELOC application listed Benach’s mother-in-law as the purported borrower, and a home owned by Benach’s mother-in-law as the collateral. To prepare and process the HELOC applications, Benach’s mother-in-law’s name and social security number were used without her knowledge, input or authority. [...] At the time of the submission of the fraudulent HELOC applications, neither bank was made aware of the other pending HELOC application.

Among the participants charged were employees of the lenders who allegedly accepted and processed bogus loan applications.

For more, see Two Bank Insiders And Six Others Charged In Bank Fraud Scheme To Defraud Bank Of America And Wachovia Of $1M.

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

(1) Charged were Bienvenido “Benny” Benach, Jr., Ramon Puentes, Danny Flores, Rolando Alfonso, Jorge Nobrega, Jorge Arrieta, Sebastian Kishinevsky, and Adriana Cruz. KappaDeedTheft

No Heat, Hot Water For 18 Cincinnati Families Living In Building Facing Foreclosure

In Cincinnati, Ohio, WLWT-TV Channel 5 reports:

• It's going to be a cold Christmas for 18 families in Avondale because their furnace has been broken for three months and the soonest it'll be fixed is New Year's. "It’s just real cold in this building, but we survive. To us, we're all right. We leave the oven on all night,” apartment resident Lake McCowan said. The McCowan family said they've been forced to boil water and leave the oven on all night.

• They know it’s a fire hazard, they even have a scorched floor to prove it, but they said they don’t have a choice. They said the building's owner hasn't paid his mortgage in about six months and as it heads into foreclosure [...].

For more, see Avondale Apartment Complex Hasn't Had Heat In Three Months (Families Keep Ovens On, Use Space Heaters To Stay Warm). Go here for WLWT-TV video. ThetaTenantRentSkimming

Closing Agent Gets 33 Months For Swiping $1.2M+ In Escrow Cash, Leaving Existing Mortgages Unpaid

The U. S. Attorney's Office in Miami, Florida recently announced the sentencing of closing agent John Mohan, 38, of Delray Beach, FL, to 33 months’ imprisonment in connection with his September guilty plea to a one-count Information charging him with wire fraud. An excerpt from their press release:

• According to the Information, court documents, and statements made in court, Mohan worked as a mortgage broker and closing agent who assisted buyers in real estate transactions. As the closing agent, Mohan would collect funds from buyers and lenders, and would represent to the parties engaged in the transaction that these funds were being held in escrow to be disbursed for various specified purposes, including the satisfaction of pre-existing mortgages.

• In fact, Mohan misappropriated the escrowed funds for his personal use and to make additional personal investments. Over the course of the scheme, Mohan misappropriated more than $1.2 million in client funds. In an effort [to] conceal the fraud and prevent immediate foreclosure of the property, Mohan would sometimes make some payments on the homeowner’s original mortgage.

For the press release, see Delray Beach Mortgage Broker Sentenced For Fraud.

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

Florida Closing Attorney Gets 63 Months For Pocketing $3M+ In Escrow Money Intended Mostly For Payoff Of Existing Mortgages

The U.S Attorney's Office (Southern District of Florida) recently announced the sentencing of attorney Joseph J. Weisenfeld to 63 months in prison based, following his guilty plea to wire fraud charges. An excerpt from the press release:

• According to the Information and statements made during the plea hearing, Weisenfeld, a licensed attorney, represented individuals and/or entities (mostly buyers) in real estate transactions. As the closing agent in many of these transactions, Weisenfeld would collect funds from buyers and lenders, and would represent to the parties engaged in the transaction that these funds were being held in escrow to be disbursed for various specified purposes, including the satisfaction of pre-existing mortgages. In fact, however, Weisenfeld misappropriated the escrowed funds for his use and benefit. Over the course of the scheme, Weisenfeld misappropriated over $3 million in client funds from his attorney trust account.

For the press release, see Local Real Estate Attorney Sent To Jail On Fraud Charges.

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

Architect Of Cash Back, Straw Buyer, "Rent-A-Credit" Scam Gets 10+ Years; Involved $3M+ Of Fraudulent Loan Activity, Says DA

In Ventura, California, the Ventura County District Attorney's office announced last month the sentencing of Manuel “Manny” John Perez, Jr. to a term of 10 years, 8 months following his convictions in an alleged cash back, straw buyer scam under the guise of his wholly-owned businesses, Case Bonita Realty, Creative Mortgage Solutions and Elite Escrow. The scam also allegedly involved his former girlfriend and co-defendant, Michele Galindo, a licensed real estate agent. From the DA's press release:

• The pair utilized a fraudulent “Rent-A-Credit” program to seek buyers for homes in which the buyers were purportedly helping others achieve home ownership. Galindo represented the buyers in real estate purchase transactions by submitting offers to purchase homes listed for sale. The employment and income information of such buyers to occupy the homes was misrepresented to lenders so the buyers could qualify to purchase the homes with 100 percent financing.

• After the transactions closed, Perez continued to maintain control of the properties for leasing to prospective tenants or his and Galindo's own use. Moreover, the loan amounts utilized to purchase the homes were increased by tens of thousands of dollars above the actual contract sales price by use of inflated appraisals and phony sales contracts reflecting higher purchase prices.

Go here for the Ventura County DA's press release.

Elderly Victim Of Equity Stripping Deal Wins Hollow Victory As Court Ruling Comes Too Late To Allow Recovery Of Home; Scammers Claim To Be Broke

In Minneapolis, Minnesota, the Minneapolis Star Tribune reports:

• Telsche Paulson, 86, lost her south Minneapolis duplex and now lives in a rented house in Farmington. A suit against a mortgage firm that offered to help Paulson avert foreclosure, alleged that the “refinancing” was really a sale, and the firm stripped $155,000 in Paulson’s equity in the deal.

***

• This month, a federal judge ruled that the now-divorced couple at the center of the scheme, Timothy Beliveau and Shelley Milless, had "tricked" and "deceived" Paulson out of her home, equity and subsequent monthly payments. Paulson's situation is part of a case that federal investigators say encompassed 35 properties in Minnesota and drew in a number of Northwest Airlines pilots as investors.

• The judge's ruling was bittersweet for Paulson. In September, as she turned 86, she moved out of 4231 Pleasant Av. S. as a bank moved forward with foreclosure. She had lived there since 1958.

***

• On Dec. 1, U.S. District Judge Patrick Schiltz [...] handed Paulson her victory in her civil case against Tim Beliveau and Shelley Milless. But the couple, who split up last year, claim in court papers to have nothing left. Beliveau, whose million-dollar home in Mound is being repossessed, disagreed with the judge's ruling, saying Paulson knew what was happening the whole time.

• He didn't put up a defense in the civil case, Beliveau said, because he didn't want to damage his defense against any criminal charges, which he expects.

For the full story, see Bittersweet victory for victim of swindle (A court ruled that Telsche Paulson had indeed been cheated out of her south Minneapolis home, but it's too late to recover it).

For the court's order, see Paulson v. Beliveau, et al.

For earlier story from the Minneapolis Star Tribune, see NWA pilots say they were misled in foreclosure venture (A Minnesota couple's investment and real-estate programs are under federal investigation).

For story update, see State Recovery Fund To Cough Up $116K+ To Compensate Elderly Victim Of Bogus Sale Leaseback Equity Stripping Scam Involving Licensed Real Estate Agent.

Central Florida Foreclosure Rescue Operators With Massachusetts Connections Charged With Grand Theft, Racketeering In Alleged Equity Stripping Scam

From Fall River, Massachusetts and Orlando, Florida, The Herald News reports:

• Father and daughter John and Shastine Pavao, along with other family members, participated in a four-year criminal scheme to strip equity from needy people’s homes, steal their homes and evict them, defraud lenders and resell the properties, Florida law enforcement officials allege.

• Two of at least a half-dozen alleged victims were 83 and 90 years old, while the Pavao family, with deep roots in Fall River, “appropriated more than $3 million from various lenders,” Florida’s Bureau of Financial Investigations says in a 57-page affidavit provided Monday.

• The criminal justice investigative unit released those details following news of the arrest Friday of John, 42, Shastine, 22, and her mother, Debra Pavao, 39, all of Windermere, Fla., on some 28 counts of first-degree grand theft over $100,000 and racketeering.

***

• On Monday afternoon, Fall River police cooperating with Florida authorities arrested Debra Pavao’s brother George Rego, 43, and sister-in-law Cindy Rego, 46, of 203 College Park Road, on related charges, Toledo said. According to police and Orange County Clerk of Courts records, each are charged with two first-degree grand theft felonies and violating the Florida Communications Fraud Act.

***

• A sixth person, Nancy Shine of Cape Canaveral, Fla., an employee of JPS Investments Group Inc. run by the Pavaos, was expected to turn herself in, Toledo said. She faces nine felony counts.

• Florida authorities called John and Shastine Pavao the ringleaders, with JPS Investments in Ocoee and a second company, SCJ Investment Group LLC in Windermere, the two companies they operated. [...] “Evidence obtained during the course of this investigation revealed that John Pavao and Shastine Pavao were orchestrates of a ‘foreclosure rescue scheme’ that deliberately tricked victims into signing warranty deeds and other documents in an effort to steal their properties,” documents summarize.

• “Mr. Pavao stole their property out from under them by having them sign documents,” Toledo alleged. [...] Debra Pavao used her background as a mortgage company employee to obtain fraudulent larger loans without homeowners’ knowledge, investigators say.

For more, see Pavao family accused of scamming homeowners.

See also, Orlando Sentinel: Windermere family, 3 others face racketeering charges.

For story updates:

(1-2-09) see Pavaos’ bond set at $1 million:

• Three members of the Pavao family accused of numerous criminal schemes to defraud dozens of people across Florida were arraigned in Orange County Superior Court earlier in the week and ordered held on $1 million bond each. In addition to the bond, John Pavao, 42, his wife, Debra Pavao, 39 and their daughter Shastine, 22, were also ordered held on $50,000 for each of twelve counts of first degree grand theft over $100,000 and racketeering.

(1-6-09) see City couple extradited to Florida:

• A city couple, who along with relatives are charged with a multimillion dollar mortgage fraud scheme in Central Florida, was extradited and is being held without bail in that jurisdiction. Cindy Rego, 46, and George Rego, 43, were arrested one week ago on two Florida charges each of first-degree grand theft greater than $100,000 and violating the Florida Communications Fraud Act.

Let Courts Modify Bad Loans Says Consumer Bankruptcy Group; Quality, Sustainability Of Current Modifications Depends On The Individual Servicer

The Philadelphia Inquirer reports:

• With fresh evidence that voluntary mortgage modifications aren't working, a national lawyers' group is urging the government to let the courts fix bad loans. "Court supervision of loan modification is needed, and unlike so many of the responses to the foreclosure crisis so far, there will be no cost to the taxpayer," Henry Sommer of Philadelphia, president of the National Association of Consumer Bankruptcy Attorneys, said Thursday.

• A study in November of mortgage-servicer reports to investors by Valparaiso University School of Law Professor Alan White showed that of 3.5 million subprime and slightly less-risky Alt-A mortgages examined, 10 percent were in foreclosure and 10 percent more were delinquent.

• Of the 21,000 of these delinquent loans modified, two-thirds saw an increase in principal, called "negative prepayment," which added an average of $11,000 to loans of $210,000, White said. [...] "There is a tremendous variation in the number and quality of modifications, and the chance of getting one depends on the servicer," White said, adding that the monthly payments on 45 percent the 21,000 loans modified actually increased.

For more, see Lawyers: Let courts fix bad loans.

See also:

• Center for Responsible Lending: Repeat Failures on Home Loans Reveal Faulty Modifications,
• BusinessWeek: A Mortgage Regulator Speaks Out (John Dugan, the Comptroller of the Currency, suspects that lenders aren't doing enough to reduce the mortgage burden on homeowners). loan modification

Fine Print Buried In Debt Relief Firm's Contract Leaves Orlando Couple Screwed Out Of Thousand$

A recent story in the Orlando Sentinel warning against phony debt relief companies and other scams targeting people with financial trouble contained this excerpt on how one area couple was left screwed over after dealing with one of these firms:

• [Orlando bankruptcy lawyer Anne-Marie Bowen] recently worked with a young couple as clients who had paid a debt-relief company thousands of dollars to fend off creditors. But the company never paid their creditors a dime, Bowen said.

• When Bowen looked at the deal her clients had signed, she found a clause tucked in the fine print stating that the first 11 payments would go directly to the company itself as the fee for its "service." The company didn't negotiate at all with the couple's creditors, who continued to charge them late fees and turned them over to bill collectors.

• "They had gotten so many harassing phone calls and had been burned so badly," Bowen said. "By the time they came to me, they were at wits' end."

Source: Beware of bogus debt relief.

California Lawmaker Urges AGs For Probe Into Loan Modification Firms Targeting Distressed Homeowners Charging High Fees, Producing Low Results

In Riverside County, California, The Desert Sun reports:

• [C]iting complaints from constituents about fraudulent and suspicious mortgage-reduction schemes, [California Congresswoman Mary] Bono Mack sent a letter to U.S. Attorney General Michael Mukasey and California Attorney General Jerry Brown, urging that comprehensive steps be taken to address the problem and ensure those who commit mortgage crimes be held accountable.

***

• Bono Mack noted that local residents have contacted her office about fraudulent individuals and companies who continue to approach homeowners with promises of mortgage loan modifications or interest rate reductions. These individuals have been charging large up-front fees and offering little to no service to homeowners.

For the story, see Bono Mack presses for probe on homeowner scams.

Alabama Issues Warning On Dealing With Loan Modification Firms / Foreclosure Rescue Operators; Charging Upfront Fees In State Prohibited

In Birmingham, Alabama, the Birmingham Business Journal contained this warning in an excerpt on a story on loan modification firms targeting Alabama homeowners:

• The [State of Alabama Banking Department's] Bureau of Loans Supervisor Scott Corscadden said consumers must [...] watch out for predatory behavior [from individuals or companies offering mortgage loan modification assistance]. “Unfortunately, nationwide there is an increase in cases where individuals or companies are promising to assist consumers in obtaining a mortgage loan modification and charging up front fees and performing little or no services for those fees,” he said.

• Alabama does not allow companies to charge any upfront or advance fee.

Source: State warns of new mortgage schemes.

Portland Cops Warn Homeowners Facing Foreclosure Of Shady Offers Of Help

A recent CNBC.com story contained this blurb on how one police department is getting involved in an attempt to protect its residents from foreclosure rescue / loan modification scams:

• The situation has gotten so bad that, in some cities, the state police are getting proactive. Local police in Portland, Ore. now automatically send a letter to homeowners who enter foreclosure warning them that they will be inundated with shady offers of help.

Source: Don't Become a Victim of These Mortgage Scams.

In a related story, see Rescue Me (A Portland Cop is targeting foreclosure vultures) (‘Mortgage Rescue’ is really aggravated theft, says Portland, Oregon cop. “What these people are doing is a crime,” she says).

Nothing Civil In Civil Court As Schoolyard Brawl Breaks Out Between Attorneys In Rival Class Actions; Colleagues Jump Into Fray To Bust Up Donnybrook

In New Orleans, Louisiana, The Times Picayune reports :

• Two attorneys competing for clients, prestige and a bounty of legal fees opened a hearing at Orleans Parish Civil District Court [last week] with a schoolyard brawl that shocked the buttoned-up crowd and ended with one led away in handcuffs on charges of contempt.

• The courtroom was filled with the early morning murmur of shuffled papers and crinkled newspaper when fisticuffs broke out between attorneys Madro Bandaries and J. Robert Ates, who were pushing rival class-action suits about the late handling of insurance claims.

For more, see Brawl erupts between two lawyers at civil court.

Texas Legal Aid Firm Files Suit Alleging Developer Tricked Seven Families Into Signing Over Deeds To Property They Just Agreed To Buy

In San Juan, Texas, The Monitor reports:

• Seven families are suing a developer, saying he tricked them out of the property they had just agreed to purchase. The lawsuit against William Schwarz alleges he used deceptive practices to trick low-income, Spanish-speaking families into signing the titles to their property over to him the same day the families made down payments on the land.

• None of the families mentioned in the suit have lost their homes at this point, but the developer is moving in that direction, said Corinna Spencer-Scheurich, an attorney for the South Texas Civil Rights Project who filed the suit on behalf of the families. She said the closing documents they signed could allow the developer to evict them from the property at any time.(1)

***

• The lawsuit against William Schwarz accuses him of violating the [Texas] Deceptive Trade Practices Act and committing three types of fraud.

For more, see Lawsuit filed against developer alleges fraud.

See also, Texas Civil Rights Review: STCRP Attorney: Warranty Deeds Cheat Colonia Residents.

(1) According to the story, area community organizers have been meeting with families in two local subdivisions to try to determine how widespread the practice may have been, Spencer-Scheurich said. She suspects hundreds of families were affected.

Denver Pastor Charged In Flipping Scam; Used Two Unwitting Churchmembers As Straw Buyers On 8 Homes Ultimately Ending In Foreclosure, Say Authorities

In Denver, Colorado, KMGH-TV Channel 8 reports:

• A Denver pastor, indicted for alleged mortgage fraud, turned himself into authorities late Thursday. The indictment alleges that Harold Joe Hicks used surrogates to purchase property and then falsified mortgage applications to get lower interest rates.

• "He would bring nearly completed mortgage applications... and (would) have the surrogate buyer simply sign off without reading it," said Lynn Kimbrough of the Denver District Attorney's office.

• Pastor Harold Joe Hicks, 64, of Mount Carmel Community Baptist Church was formally charged, Thursday, with eight counts of theft and eight counts of forgery.(1) The two surrogates listed in the indictment attended Mt. Carmel. According to court documents, Hicks told both Richard Martin and Sherri Wrightsil that he would rent the properties, pay the mortgages, taxes, insurance and other expenses.

For more, see Grand Jury Indicts Pastor In Alleged Mortgage Fraud Scheme (Eight Properties Purchased Through Surrogates End Up In Foreclosure).

See also:

• Criminal Indictment: People v. Harold Joe Hicks (if link expires, try here),

• Rocky Mountain News: Minister indicted on 16 counts (Harold Hicks accused of stealing $80,000 in mortgage scheme) - "It is one of the most heinous examples of real estate fraud I've ever seen," said Jim Spray, a mortgage fraud expert familiar with details of the Hicks case. "To use his level of trust and abuse it severely, and hurt people so deeply that it shatters their faith . . . heinous doesn't even describe it."

• Rocky Mountain News (July 7, 2007): Signing on faith (Ex-church members say pastor misused trust to conduct shady real estate deals).

(1) It should be noted that the forgery charges relate to the signatures appearing on the allegedly fraudulent mortgage applications used to obtain the loans. According to the indictment, the signatures are alleged to be the authentic signatures of the unwitting straw buyers; Pastor Harold Joe Hicks, while accused of filling out the mortgage applications with fraudulent information, has not been accused of actually signing these documents. Notwithstanding, he is facing the forgery charges in connection with those signatures.

Regardless of whether forgery convictions are obtained against Hicks, this case should serve as a reminder that, in Colorado as well as in some other states, the act of forgery need not be done by the hand of the person being charged; fraudulently procuring the signature of another to an instrument which the signer either has no intention of, or is otherwise tricked into, signing constitutes forgery on the part of the procurer in some states. It is sufficient that the forgerer caused or procured it to be done. See also:

• May 27, 2008 post (1): New York Court Decisions A Reminder That Viable Forgery Claim May Arise When Homeowner Is Tricked Into Signing Deed; and
• May 27, 2008 post (2): California Appeals Court Says Genuine Homeowner Signature On Instruments In Foreclosure Rescue Scheme Not A Bar To Scammer's Forgery Conviction.

By the way, in the State of Ohio, the crime of tricking someone into signing any writing that either conveys an interest in property, or creates a monetary obligation, is called "Securing Writings by Deception." Sec. 2913.43, Ohio Rev. Code. ForgeryGenuineSignatureKappa

Little Known Defense In Foreclosures Of FHA-Insured Mortgages Highlighted In Florida Homeowner's 4-Year Fight To Save Home

In Jacksonville, Florida, MSNBC.com reports on the story of Vickie Lewis, an area homeowner fighting a foreclosure action filed against her by Washington Mutual, and who has been living with the uncertainties of being in foreclosure limbo for the last four years.

• [F]or the past four years, Lewis, 48, has seen her name on dozens of legal documents and spent hours in court as her mortgage holder, Washington Mutual Bank, pursued foreclosure on the only home she has ever owned. And she has no more idea now than when this began where or how it all might end.

***

• Lewis is one of scores of clients represented by [April] Charney, an attorney with Jacksonville Area Legal Aid who has developed numerous foreclosure defenses that have kept many of the troubled borrowers she represents in their homes for years.

• Charney’s defense of Lewis has been based largely on claims that Washington Mutual did not follow federal regulations by offering her a “reasonable opportunity to get current” and “a face-to-face meeting” before three monthly mortgage installments went unpaid, among other requirements.(1)

• According to court filings, prior to foreclosure, WaMu never discussed any options with Lewis other than demanding all back mortgage payments in full.(2) The bank is now demanding the entire balance, which had since ballooned by thousands of dollars with the addition of “illegal and outrageous” charges for attorney’s fees, collection costs and insurance, the filings allege.

For more, see When foreclosure limbo becomes a lifestyle (Like millions in U.S., Florida woman lives with housing uncertainty). (For the entire story on one web page, try here).

(1) These requirements apply to FHA-insured mortgages. According to the story, the FHA program is intended to provide a chance at home ownership for low-income and credit-challenged buyers. There’s a built-in expectation that FHA borrowers may have more trouble staying current on their payments than so-called prime borrowers, and so the borrowers pay hefty insurance premiums that protect the lenders for the life of the loan. Because of this, the FHA demands that lenders follow its extensive rules about dealing with borrowers who are in default.

(2) According to the story, Charney said lenders’ disregard for federal loss mitigation procedures and default loan servicing rules is just one sign of a larger problem: a mortgage-lending industry that ran wild for years under scant government review, inflating appraisals, overstating borrowers’ credit and income and creating such a maze of trusts and securities that the ownership of millions of mortgages is now almost impossible to establish.

Ohio AG Files Suit Against Loan Modification Firm For Violations Of State Consumer Statutes; Homeowners Clipped For Upfront Fees Averaging $650

From the Ohio Attorney General's Office:

• The Ohio Attorney General filed a lawsuit [last Friday] to stop a foreclosure rescue business from continuing to victimize consumers throughout the state. The lawsuit, filed in the Cuyahoga County Court of Common Pleas, alleges that James R. Van Putten, doing business as “Please Save My Home” in Conneaut, Ohio, violated Ohio’s consumer protection laws by engaging in unfair and deceptive practices. The complaint alleges violations of the Consumer Sales Practices Act, the Telephone Solicitation Sales Act, and Debt Adjusters Act.

• Van Putten obtained the names of homeowners in foreclosure from court records and used direct mail to solicit his services. The mailing stated: “Regardless of your present mortgage or loan situation, we will be able to assist you by arranging a repayment plan to bring your loan current” and “Call Today & Save Your Home.”

• Van Putten then entered into contracts through which he promised to save the consumers’ homes from foreclosure by obtaining and providing loan modifications, legal representation, and forbearance agreements. Consumers paid, on average, $650 for Van Putten’s services. The Attorney General’s investigation found that consumers did not receive the promised services.

For the press release, the accompanying lawsuit, and copies of the correspondence and contract used by the foreclosure rescue operator (Exhibits A thru D), see Mortgage Rescue Company Sued for Consumer Fraud.

Illinois AG, Cook County SA Say Firm Filed Phony Mechanics Liens & Started Foreclosure On Homeowners Refusing To Be Squeezed

From the Office of the Illinois Attorney General:

• Attorney General Lisa Madigan and Cook County State’s Attorney Anita Alvarez [Wednesday] both filed lawsuits against a Chicago mechanic’s lien filing service for filing invalid liens against property owners and for intimidating homeowners either to pay debts they don’t owe or to overpay for debts incurred with contractors.

***

• According to the Attorney General’s complaint, Contractor’s Lien Services (CLS) and its founder, Steve Boucher, analyze, prepare and file mechanic’s liens on property on behalf of general contractors and subcontractors. CLS allegedly misrepresents to contractors that it has valid cause for filing mechanics liens against homeowners when, most often, those contractors do not actually have valid claims under state laws.

• CLS also allegedly files liens without the knowledge of some contractors and, in other instances, CLS files liens against homeowners when contractors have not performed work at the properties in question.

• After filing foreclosure liens, CLS allegedly files foreclosure actions against consumers who don’t pay off the debts. Some contractors claim that CLS collects money on behalf of contractors but then fails to redistribute the collected debts to them.

For the Illinois AG press release, see Attorney General Madigan, State's Attorney Alvarez Sue Chicago Lien Filing Service For Fraudulent Practices.

For what sounds like a similar matter recently resolved by the Massachusetts Attorney General's Office, see Mass AG: Firm Agrees To Remove Mechanics Liens On Houses (Resolves Complaints By Paid-In Full Homeowners Of Improper Squeezing By Contractor, Supplier).

Go here for other posts on suspected mechanics lien scams. StiffingContractorsTheta MechanicLienScamTheta

Attorney Accused Of Pocketing Closing Funds Due To Lien Holders Seeks "Free Pass" From Prosecution As Psych Pros Contest Competence To Stand Trial

In Pittsburgh, Pennsylvania, the Tribune Review reports:

• Two mental health experts had differing opinions Wednesday on whether a once-prominent Fayette County trial attorney is competent to stand trial on theft charges.

• Adam Sedlock, a Uniontown psychologist, testified [...] that crippling physical ailments have reduced Mark F. Morrison of Hopwood to functioning at the level of a seventh-grader. He said Morrison's condition is permanent and he will never be able to assist in his own defense.

***

• Morrison, 51, is accused of stealing about $99,000 in mortgage-settlement payments from two elderly Hopwood couples.(1) Instead of settling outstanding mortgages on the two properties, Morrison allegedly paid off smaller mortgages and diverted most of the money.

For more, see Ex-attorney Morrison's ability to face theft trial disputed.

For story update (1-15-09), see Morrison ruled competent to stand trial.

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

(1) Reportedly, Morrison is charged with two counts each of:

• theft by failure to make required disposition of funds received,
• forgery,
• tampering with records or identification, and
• misapplication of entrusted property. EscrowRipOffAlpha

Arrest Warrant Issued For Unlicensed California Contractor Suspected Of Illegally Slapping Phony Mechanics Liens On Homes In Foreclosure

In Vallejo, California, the Vallejo Times Herald reports:

• A $30,000 arrest warrant has been issued for a Benicia man who officials believe has been trying to profit illegally from Vallejo's foreclosure crisis. A team from the Solano County District Attorney's Office and Vallejo Police Department on Wednesday went to arrest James Paul Jones in the Vallejo home he's been occupying and found him gone, said Deputy District Attorney Laura Undlin.

• Jones, 53, also known as James King and King James, is suspected of contracting without a license and filing false or forged documents, Undlin said. The false document charge is a felony, she said.

• Jones has filed mechanic's liens against several foreclosed Vallejo homes he claims to have done work on for which he wasn't paid.(1) [...] Reached by phone Friday, Jones appeared surprised to hear about the warrant, and insists he's done nothing wrong.(2)

For the rest of the story, see Man trying to cash in on foreclosures, officials say.

Go here for other posts on suspected mechanics lien scams.

(1) If Jones actually did what he is suspected of doing, he possibly felt that having the mechanics liens would facilitate a claim on his part to all or part of any surplus funds generated by a subsequent foreclosure sale, in the event the home sold at auction for more than what was owed to the foreclosing lender.

(2) Reportedly, in one case, Jones seems to have contracted for $40,000 worth of water damage repairs with a relative of Jones's who owned the property before it was foreclosed on, according to Deputy DA Undlin. Jones is then said to have then filed a $75,000 mechanics lien six days later. "We don't believe that such extensive work could be done in six days, and, in fact, we have a witness that says he saw work being done for six to eight weeks after the lien was filed," Undlin said. StiffingContractorsTheta MechanicLienScamTheta

New Los Angeles Ordinance Prohibits All Tenant Foreclosure Evictions Until Property Is Sold To New Owner

In Los Angeles, California, CBS2 reports:

• Renters whose residences have gone into foreclosure cannot be evicted until the property is sold to a new owner under a city law signed Friday by [Los Angeles] Mayor Antonio Villaraigosa. The one-year ordinance, spearheaded by Council President Eric Garcetti, will impact 300,000 apartment buildings and single-family homes. [...] Renters [in Los Angeles] who are being evicted as a result of foreclosure were urged to contact the city's Housing Department at (866) 557-RENT.

For the story, see Mayor Passes New Rental Foreclosure Law. ThetaTenantRentSkimming

Pittsburgh Assisted Living Retirement Community Faces Foreclosure; 150 Elderly Residents Paying $300K To Get In Face Loss Of Home, Investment

In Pittsburgh, Pennsylvania, KDKA-TV Channel 2 reports:

• Some local senior citizens who thought they were set to live out their golden years in the lap of luxury are facing a frightening reality. The assisted living community where they live, Covenant at South Hills, is in foreclosure and they may lose their homes and considerable investments.

• Residents paid a $300,000 deposit to get into the community and pay a $3,000 monthly living fee for upscale living conditions and quality extended medical care.

***

• Now, seven years after it opened, Covenant is only 40 percent occupied and the non-profit board that runs the facility can't pay the bills.

For more, see South Hills Senior Living Community In Foreclosure.

For story update, see:

• The Jewish Chronicle (1-12-09): Covenant South Hills files for bankruptcy,
• Pittsburgh Business Times (1-2-09): Creditors ask judge to sell Covenant at South Hills (Bank says senior living center's debts top $48 million),
• The Jewish Chronicle (12-24-08): B’nai B’rith: Covenant residents’ interests will be protected.

Colorado Regulator Brings Administrative Charges Against Two Alleging Cash Back, Mortgage Scam Involving $45M In Fraudulent Loan Activity

In Denver, Colorado, the Rocky Mountain News reports:

• The state's Division of Real Estate has sent "notices of charges" to two brokers the agency claims are the masterminds behind a $45 million Front Range mortgage fraud scheme.

• Erin Toll, director of the real estate division, alleges the two brokers would sell homes at inflated values based on an inflated appraisal. Then, at closing, a large sum of money would be given to a management company with the understanding that they would improve the home.

• The management company instead would return the money to the buyer, minus a commission. No payments were made on the house, and banks are ending up holding the bag in a foreclosure. The brokers are Jerrold Minney and Steven Scott Werner.

For more, see State accuses two brokers of mortgage fraud scheme.

Man Facing Foreclosure Jerked Around In Attempt To Reinstate Loan; Servicer Allegedly Pocketed $3,200 Payment, Then Failed To Honor Workout Agreement

In Cincinnati, Ohio, the WCPO-TV Channel 9 reports on the story of Yusuf Salaam, an area homeowner who fell behind in his mortgage payments, and the alleged jerking around he received from his loan servicer. According to the story:

• Salaam's case began when he got behind in his mortgage payments and sought help. He got it by calling the foreclosure prevention phone-a-thon in June. [The Home Ownership Center of Greater Cincinnati] Program Manager LaKicia Roseman was assigned to the case.

• Roseman got in touch with [loan servicer American Servicing Company] and worked out a new loan with the help of over $3,200 from the Ohio [Home] Rescue Loan Fund. The deal was signed in July. However, ACS allegedly refused to accept Salaam's payments and held on to the Ohio check.

• Legal Aid Attorney Elizabeth Tull was brought in to file suit to have ACS honor its agreement. "If we weren't in Mr. Salaam's case, his house would have went to sheriff's sale," Roseman said.

For more, see Foreclosure Prevention Fraud Worries Home Experts.

For story update, see: WCPO-TV Helps Roselawn Family Keep Their Home:

• [T]hanks to WCPO-TV, the Home Ownership Center and Legal Aid, [Yusef Salaam's] wish came true. After months of wrangling, Salaam has a new mortgage with a monthly payment that is $133 less than before.

Another Foreclosure Screw-Up As Lender Approves Short Sale, Then Locks Out New Owner From Home A Week After Moving In

In Fort Wayne, Indiana, The Journal Gazette reports:

• [First-time homebuyers Brian and A.J. Spitznaugle] had arranged what is known as a short sale, an increasingly common transaction these days. The owner of the house was in default on the mortgage, so the bank that held the mortgage, Chase, agreed to sell the house to the Spitznaugles for slightly less than was owed.

***

• Slightly more than a week [after the closing], the couple got the shock of their lives. Brian Spitznaugle arrived at the house on a Saturday morning to find it cold and dark. The bank, it turned out, had contracted with a company named Safeguard Property Management, which in turn hired a company called B&CG Services to go to the home, turn off the water and electricity, drain the pipes, winterize the home and padlock it shut. Oh, and before workers left, they’d rifled through all the boxes in the garage.

For more, see Bank sells house, locks out buyers.

Go here for other posts on improper foreclosure lock-outs and other lender screw ups. ForeclosureLockOuts

Foreclosure Eviction At Wrong Home Avoided As Typo On Paperwork Discovered At 11th Hour

In Bakersfield, California, KBAK-TV Channel 29 reports:

• A Bakersfield man was just hours away from being kicked out of his house, and it was all over a minor mistake on an eviction order. A finance company in San Diego had one wrong number in the address on the eviction form.

• Manuel Aleman has lived at 2102 North Inyo Street for decades. The house is owned by Aleman's brother, and he always pays the rent. It's across the street from 2101 North Inyo Street, and that's a house apparently in foreclosure, and the bank apparently wants those tenants out.

For the rest of the story, see Bakersfield man nearly evicted due to typo. ForeclosureLockOuts

Second Mortgage Holder Grabs Bank Accounts, Garnishes Wages Of Florida Grandmother Facing Foreclosure

In Stuart, Florida, WPBF-TV Channel 25 reports on the story of a financially strapped grandmother with two mortgages on her home. Facing foreclosure on the first mortgage, her bank accounts were unexpectedly grabbed and her wages garnished by the holder of the second mortgage.

For the story, see Grandmother Faces Garnished Wages Due To Foreclosure (Woman Raising Grandson Has Bank Accounts Seized). Go here for the WPBF-TV video.

The Foreclosure Squeeze Continues For Condominium / Homeowner Associations

The continued squeezing of the operating funds of condominium & homeowner associations as a result of financially strapped unit owners (many of whom may be facing foreclosure) failing to pay their required maintenance fees continues, as evidenced by these stories:

• Cape Coral community fights rising fees linked to neighbor's foreclosures: Homeowners who say they were recently hit with a $600 special assessment on their association dues are now hit with a $650 assessment - due by Dec 31st.

• HOAs cry foul over foreclosures (Break banks get on back dues hurts associations, they say by the numbers): Local homeowners' associations and condo boards say banks are unfairly getting a break on how much back dues they have to pay when they take back a home in foreclosure. That's resulted in financial pain for some associations and helped drive others to the brink of collapse. "We are $33,000 in arrears as of this month," the president of one association said. As a result, the mostly elderly owners were recently hit with a $350 special assessment. Reportedly, in one community, only about 30 of the development's 112 units have owners who are still paying their condo fees.

• Homeowners group pays price of foreclosures (Greenbrook residents left to pay for upkeep of abandoned homes): Not only are residents paying to keep some abandoned homes looking trim, but the same residents also face unpaid dues from the former neighbors who walked away.

• The Condo Crunch (Sales Are Slow, Prices Are Falling, Dues Are Overdue. How Are Associations Coping?): Complaints about condominium living used to involve mainly squabbles about noise levels and pet policies and simmering resentment over a new paint color for the lobby. But the economic downturn is forcing condo owners to turn their attention to money matters that make one resident's budget crunch everyone's problem.

Recent U.S. Department Of Justice Housing Discrimination Actions

The following links are to announcements by the Civil Rights Division of the U.S. Department of Justice of recent civil & criminal housing discrimination actions over the last 3+ months:

• November 26, 2008: West Virginia Man Indicted on Federal Civil Rights Charges for Allegedly Burning a Home - Daryl Lee Fierce, 69, of Charleston, W.Va., was indicted by a federal grand jury for using fire to intimidate and interfere with a person’s housing rights because African-American and biracial individuals visited the person in her home.

• November 13, 2008: Justice Department Resolves Lawsuit Alleging Race Discrimination at Roseville, Michigan Apartment Complex - Owners and managers of a Michigan apartment complex agreed to pay up to $170,000 (including $75K to 3 victims, and $40K into a fund for additional victims that may come forward) resolving a lawsuit brought by DOJ; they allegedly engaged in a pattern or practice of discrimination against African-American applicants for tenancy.

• November 7, 2008: Justice Department Sues Evansville, Indiana Retirement Home for Discriminating Against Persons with Disabilities - DOJ sues the owners and managers of a retirement home for not allowing residents with disabilities to use motorized wheelchairs or scooters in the dining hall or in their apartments and for forcing out two tenants who used motorized wheelchairs.

• November 5, 2008: Justice Department Files Fair Housing Lawsuit in South Dakota - DOJ sues the owners and managers of three Sioux Falls, S.D., apartment buildings, alleging that they violated the Fair Housing Act when they refused to rent apartments to families with children, and when they told tenants and prospective tenants that they did not rent to African-Americans.

• October 9, 2008: Justice Department Settles Fair Housing Lawsuit Alleging Discrimination by Lancaster, Penn. Apartment Owner, Managing Agent Against Persons with Disabilities - Former owner and managing agent of an apartment complex have agreed to pay up to $60,500 to resolve a DOJ lawsuit alleging discrimination against persons with disabilities. According to the complaint, the defendants refused to rent an apartment to a man who is visually impaired and uses a guide dog.

• September 30, 2008: Justice Department Settles Lawsuit with Louisiana Landlord Alleging Discrimination Against Families with Children - Owner and manager of apartment complex agreed to pay up to $145,000 to resolve claims that they discriminated against families with children in violation of the Fair Housing Act. According to the Department’s complaint, they had and exercised a policy of refusing to rent second floor units to families with children and discouraging families with children from renting at the complex.

• September 29, 2008: Justice Department Files Lawsuit Alleging Disability-based Housing Discrimination at Seven Nashville-Area Complexes - DOJ sues Murphy Development, LLC, for failing to provide required accessible features for persons with disabilities at developments with more than 375 covered ground floor units.

• September 26, 2008: Winder, Georgia Public Housing Authority Settles Race Discrimination Housing Complaint with Justice Department - The Housing Authority for the City of Winder, Ga., agrees to pay up to $490,000 to resolve allegations that it engaged in a pattern or practice of discriminating against African-American tenants and housing applicants.

• September 18, 2008: Justice Department Sues Owners and On-Site Manager of Kansas City Apartment Complex for Race Discrimination and Retaliation - DOJ sues the owners and operators of an apartment complex, and against the former on-site manager of the complex, for violating the Fair Housing Act by discriminating against African-Americans on the basis of race, and by retaliating against a former employee of the complex for aiding and encouraging tenants to exercise the rights granted by the Fair Housing Act.

• September 8, 2008: Justice Department Sues Bloomingdale, Georgia Landlord for Sexual Harassment and Race Discrimination - DOJ sues Darwin Kenneth Morgan and his company DK Morgan Consolidated LLC, for violating the Fair Housing Act in the rental of mobile homes and mobile home lots. The complaint alleged that Morgan refused to rent to inter-racial couples, made statements indicating a racial preference, and misrepresented the availability of units because of the race or color of the prospective tenants. The complaint also alleged that Morgan subjected female tenants and prospective tenants to unwanted verbal and physical sexual advances, granted and denied tangible housing benefits based on sex, and took adverse action against female tenants when they refused or objected to his sexual advances.

• September 4, 2008: $1 Million Judgment in Sexual Harassment Case Against Cincinnati Landlord - James G. Mitchell and Land Baron Enterprises, a corporation that owned many of the properties that Mitchell managed -- agreed to pay $890,000 in compensation to 12 women who Mitchell sexually harassed and $110,000 in a civil penalty to the United States. The complaint alleged that the defendants subjected female tenants to unwanted verbal sexual advances and unwanted sexual touching; entered the apartments of female tenants without permission or notice; granted and denied tangible housing benefits in exchange for sexual favors; and took adverse action against female tenants when they refused or objected to his sexual advances.

More From The Periphery Of The Foreclosure Crisis

The following links lead to an assortment of stories related to foreclosures from around the country:

• Gillette man found guilty for threatening letters: A Gillette, Wyoming man was found guilty of 6 counts for threatening a federal judge and other officials over the seizure of his home. Prosecutors say Laurence Eustelle Wolff in August sent threatening letters to a judge, a federal prosecutor, an IRS official and a sheriff. The letters threatened the four with a deadly standoff if anyone tried to seize his home. Court records alleged the 60-year-old didn't pay federal taxes between 1988 and 1995 and owed more than $613,000 in back taxes. In July, a judge ordered the foreclosure of Wolff's home to pay off the taxes.

• Man who killed self in standoff faced foreclosure, court records show: A Fredonia, Wisconsin man who killed himself after a five-hour standoff with police at his wife's home was "a very angry man" who was going through a divorce and, along with his wife, had just been foreclosed on the day before, court records show.

• Owners vandalizing homes after foreclosure: A Little Elm, Texas homeowner facing foreclosure reportedly got into a "cash for keys" bidding war with the foreclosing lender's representative. The owner turned down $2,000. On the day before the sale, the owner decided to take the cash. The lender's rep told him to take a hike - it was too late. The owner proceeded to vandalize the home.

• Local realtors help abandoned pets (Take steps to ensure "No Pet LeftBehind"): In West Springfield, Massachusetts, the "No Pet Left Behind" project created by local realtors is working in conjunction with the Animal Shelter Renovations to raise money to build a no-kill shelter in western Massachusetts. Their goal is to place the animals into permanent homes and to save the pets' lives. "These animals are being left behind in these abandoned homes to fend for themselves and in a lot of cases they're starving, dehydrated, sometimes they're being found dead. We are really trying to work hard to save these animals," said realtor April Cantell.

• Exotic birds fall prey to foreclosure crisis: In Seattle, Washington, a real estate agent discovers two bedraggled cockatiels nearly starved to death. Many owners try to take their exotic birds to an animal shelter but reportedly, the exotic birds are difficult to care for, and most shelters are not equipped to house birds because they are built to handle mainly dogs and cats, who are also being abandoned in large numbers because of foreclosures.

• Vacant home fires a ‘sign of the times’ (Home foreclosures could be behind increase in suspected arsons): Officials believe a Gainesville, Georgia vacant house fire, which melted vinyl siding on an occupied home next door, was caused by a human act. The two prevailing theories are that a homeless person or neighborhood kids started the fire, either intentionally or unintentionally. "This could be a sign of the times to come," Deputy Fire Chief Jerome Yarbrough said. He fears that with a deepening recession, more homes left vacant from foreclosures and evictions will be burned by vagrants or vandals. And when firefighters show up, they don’t always know if there are occupants who need rescuing. "I have concerns because this type of property fire here is the kind that gets firefighters hurt," Yarbrough said. "I expect to see more of these if the economy gets worse."

• Carbon monoxide victims living in foreclosed home expected to recover: All eight people poisoned by carbon monoxide from a gas generator running in a home near Redwood City, California where the power had been cut off are expected to recover, authorities said today. They were among 12 members of an extended family and friends who were renting in the home that authorities said was in foreclosure proceedings.

• Man admits to meth lab in vacant duplex: A man faces between 20 and 50 years in prison for breaking into a vacant duplex in Lafayette, Indiana and setting up a methamphetamine lab.

• Foreclosure vandalism on the rise: In Killeen, Texas, fire marshals suspect a group of vandals set a vacant home on fire. The suspects reportedly kicked down the front door of the foreclosed home, shattered the windows and set the living room floor on fire. According to Killeen fire marshals this isn't the first time a foreclosed home has been vandalized. Five foreclosed homes have been vandalized in Killeen this month.

• Tempe police keep watch on vacant homes in foreclosure: The foreclosure crisis has become so big even the Tempe, Arizona Police Department is now concerned. Patrol officers have been given a list of more than 300 foreclosed homes in the city. The patrol officers have been asked to keep an eye on the homes and to look for anything suspicious.

• Humane Society finding new homes for 54 horses: In Mt. Hope, Arkansas, there has been high interest in helping the Humane Society of North Central Arkansas find homes for the 54 horses from Scott Valley Dude Ranch, which is in foreclosure.

Putnam County, Ohio Now Offers Free Legal Assistance For Qualified Homeowners Facing Foreclosure

In Ottawa, Ohio, LimaOhio.com reports:

• Putnam County Common Pleas Judge Randall Basinger and the Putnam County Bar Association have announced the formation of a referral system to provide free legal assistance for homeowners facing foreclosure in Putnam County. The Putnam County Bar Association will be working with the existing Putnam County Foreclosure Task Force to provide free legal advice to individuals unable to afford counsel after a foreclosure has been filed. [...] Homeowners may contact the task force at 419-523-6200.

For more, see Putnam group forms system to avoid foreclosures.

NYS Bar To Make Foreclosure Defense Training Seminar Available Online

In connection with a recent foreclosure defense training seminar for attorneys recently held in Queens, the New York State Bar Association announced:

• [F]or attorneys who were not able to attend, the program will be recorded, and course materials will be made available both online and to all local bars and legal service offices throughout the state to help train more attorneys to handle residential foreclosure cases.(1)

The NYSBA also issued this reminder:

• A new law that took affect on September 1, 2008 entitles all New York homeowners with subprime loans in foreclosure to mandatory court settlement conferences that provide a forum for the lender and the borrower to meet together with a mediator with the ultimate goal of achieving a workable resolution to avoid foreclosure.

For more, see NYSBA press release: State Bar Association Program Increases Number Of Pro Bono Attorneys To Assist Homneowners Facing Foreclosure (Free Continuing Legal Education Seminar Provides Training for 250 Volunteer Attorneys to Help Represent Homeowners in Foreclosure Settlement Conferences).

(1) For the cost conscious and/or CLE-obsessed, the recent Queens seminar was free, and attendees pocketed 8 continuing legal education credits, according to the press release.

Florida Legal Aid Attorney Earning National Reputation For Foreclosure Defense Both As Advocate For Clients & Trainer For Other Lawyers

In Jacksonville, Florida, MSNBC.com reports:

• [April] Charney, a lawyer with the Jacksonville Area Legal Aid agency, is quickly developing a national reputation as a champion of homeowners facing foreclosure and a serious adversary for those attempting to take possession of those homes. Her encyclopedic knowledge of contract law, debt-collection practice, securitized mortgages, the trusts that hold them and the agreements that govern the trusts have put her at the forefront of the rapidly expanding specialty of foreclosure defense.

• While carrying her own load of 70 to 100 foreclosure cases as a legal aid attorney, Charney, 51, also has become one of the nation’s top trainers of other lawyers eager to learn how to serve the growing clientele spawned by America’s mortgage meltdown.(1)

For more, see 'Angel' of foreclosure defense bedevils lenders (Florida attorney trains hundreds of others to help troubled borrowers).

(1) According to the story, about 1,500 lawyers have attended her daylong classes on foreclosure law so far, 80 to 200 at a time. She has taught in Ohio, California, Minnesota, South Carolina, Missouri and throughout Florida. She offers the classes at cost with the help of local bar associations and aid groups and requires that all students perform 20 hours of pro bono legal work in their communities.

Upstate NY Foreclosure Rescue Operator Files For Ch. 11 Bankruptcy Protection; Over 40 Current Sale Leaseback Deals Listed On Petition

In Albany, New York, the Daily Gazette reports:

• Geoffrey Goldman over the past two years portrayed himself as a savior in the foreclosure crisis. He made a living by buying homes from cash-strapped owners who wouldn’t be kicked out after sales closed and could even buy the properties back under leaseback agreements. “We’re helping more people than ever,” Goldman said in an April 2007 press release.(1)

• Now Goldman is in need of help. Two of his real estate leaseback businesses filed Tuesday for Chapter 11 reorganization in U.S. Bankruptcy Court. His Rivertown Investments and its real estate holding company, Momentum Properties, recently closed after falling victim to downturns in the housing and credit markets, according to documents filed with the Albany court.

***

• The liquidation of those assets could cast into limbo the former homeowners who entered leaseback agreements with Rivertown. Rivertown lists in its Chapter 11 petition more than 40 leaseback agreements in New York, New Jersey and Pennsylvania.

For more, see Real estate leaseback company files for bankruptcy.

See also, Albany Times Union: Lease-back plan for homes fails (Owner of dozens of properties files for bankruptcy protection).

For story update, see Rivertown bankruptcy case dismissed.

(1) The article reports that under Rivertown’s leaseback program, according to the 2007 press release, homeowners sold their homes because they were on the verge of foreclosure or too far behind on payments to reinstate their mortgages. Sellers used proceeds from the sale to pay off their mortgages, then made rental payments to Rivertown so they could continue living in their homes, which they ultimately hoped to buy back. Rivertown Financial

Minnesota Men Convicted In Straw Buyer, Home Flipping Mortgage Fraud Scam Involving $100M In Fraudulently Obtained Loans

In Minneapolis, Minnesota, the Minneapolis Star Tribune reports:

• Two metro-area men have been found guilty of racketeering and multiple counts of theft in Hennepin County District Court for their role in one of the state's largest mortgage fraud cases, worth approximately $100 million. Shinon Lindberg, of Greenwood, and Scott R. Rosenlund, of Chaska, were convicted by a Hennepin County jury Thursday. [... Mortgage broker Celeste] Skaar pleaded guilty this spring to one count of racketeering.

For more, see Two guilty in mortgage fraud (The scheme used straw buyers to purchase homes in the southwest metro at inflated prices).

For story updates, see:

• 2-20-09: Chaska man is sentenced seven years in mortgage scheme (He ends up jailed right away after heated hearing over appeals. Sentencing for cohort was delayed until early March),
• 3-4-09: Partner gets 7 years in mortgage fraud case (The judge sentenced a second defendant in the $6 million scheme involving the 10Spring Homes).

Go here for earlier posts on this story.

"Money Store" Suspects In Sale Leaseback, Foreclosure Rescue Scam Continue To Fall

In Greenbelt, Maryland, The Associated Press reports:

• A Fort Washington woman has pleaded guilty in a scheme to defraud homeowners facing foreclosure. Jennifer McCall, 47, pleaded guilty in federal court Thursday to conspiracy to commit mail and wire fraud.

• McCall was the chief executive officer of Metropolitan Money Store, a company that claimed to provide help to people in danger of losing their homes. But prosecutors say the company left homeowners worse off by draining equity out of the properties and imposing exorbitant transaction fees. Prosecutors say McCall is responsible for a loss of more than $16 million dollars.

McCall is the fifth defendant in this case to cop a guilty plea.

Source: Md. Woman Pleads Guilty In Mortgage Fraud Scheme.

See also, U.S. Attorney (Maryland) press release: CEO Of Metropolitan Money Store Pleads Guilty In Mortgage Fraud Scheme (Conspirators Took Title of Homes from Financially Distressed Homeowners and Secretly Used Home Equity for Furs, Jewelry and Other Personal Benefits, Defendant Caused Over $16 Million in Losses).

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

Utilities Shutoff In Rental Building Facing Foreclosure Force Tenants To Take Over Landlord's Unpaid Bills

In Miami, Florida, The Miami Herald reports:

• [M]ore than once over the past year, tenants of [a recently abandoned and in foreclosure] 11-unit Liberty City complex had come home to find the water shut off. Eventually, they stopped paying rent and took the matter into their own hands, forming a kind of rudimentary condo association to manage the property at 1575 NW 69th St.

• South Florida's foreclosure crisis is creating unique hardships for renters in some apartment buildings. Unlike tenants of condos and houses, apartment dwellers rely on landlords to collect garbage, keep up the premises and make repairs. The cost is included in the monthly rent.

• So when a landlord enters foreclosure, those services often stop, leaving residents without vital utilities and sometimes in unsafe conditions. They may be forced to move. Low-income renters sometimes have nowhere to go.

For more, see Foreclosure crisis creates unique hardships for apartment renters (South Florida apartment renters can face grim living conditions when their landlords enter foreclosure and stop paying bills. Some are taking matters into their own hands). ThetaTenantRentSkimming

Ist Mortgage Loan Modifications May Hit Road Block When Second Mortgages, HELOCs Are Involved

Dow Jones Newswires reports:

• Abu Hafizuddin inthe Village of Huntley, Ill., has applied to get his mortgage modified after missing payments. But more flexible terms may still not save him from foreclosure. The problem is that he's behind on another set of payments tied to his property: his home-equity loan.

***

• Home-equity loans are a stumbling block in efforts to stall or prevent foreclosures, a crucial step in halting the downward spiral of the financial crisis. Loan modifications to prevent foreclosure require the cooperation of owners of the loans. Investors in home equity loans can have conflicting interests from those that hold the first or primary mortgage, so getting both sets of investors to agree on modifying loans is a challenge.

For more, see Home-Equity Loans Are Stumbling Block In Mtge Modifications.

See also:

• The Boston Globe: Mortgage practice hindering recovery (Piggyback loans pose big problem for housing sector),
• Bloomberg News: ‘Piggyback’ Mortgages May Cut Modifications, Fed Says.

"No-Deficiency" Laws Give Homeowners "Get Out Of Jail Free" Card When Walking Away From Unaffordable Mortgages In Some States

The Associated Press reports:

• Mortgage law experts say the incentive to walk away from a home loan is highest in states that have anti-deficiency statutes, which prohibit lenders from suing borrowers for additional funds after foreclosure.

• "These anti-deficiency laws make a huge impact on foreclosure rates because they are basically 'get out of jail free' cards," said Todd Zywicki, a law professor at George Mason University [...].

• This handful of non-recourse mortgage states includes the high-foreclosure states of California and Arizona, which not coincidentally also are leaders in the numbers of mortgage walkaways.

For the story, see Walkaways highest in 'non-recourse' states.

Active Servicemembers Entitled To Waiver Of Prepayment Penalty On Home Mortgages In Some Cases As DOJ Completes Homecomings Probe

From the Civil Rights Division of U.S. Department of Justice:

• The Justice Department [Monday] announced the resolution of its investigation of Homecomings Financial, LLC (Homecomings), under the Servicemembers Civil Relief Act (SCRA). The SCRA suspends or modifies certain civil obligations of individuals serving on active duty in the military.(1)

***

• Homecomings and GMAC Mortgage, LLC now will waive prepayment penalties upon request on residential mortgage loans obtained by active duty servicemembers who receive permanent change of station orders to bases 30 miles or more from their current residences.(2)

For the DOJ press release, see The Justice Department Resolves Investigation Under Servicemembers Civil Relief Act of Homecomings Financial, LLC.

(1) According to the DOJ press release, the Civil Rights Division has reviewed numerous allegations of SCRA violations (ie. foreclosure on home mortgage loans without court orders, waivers of prepayment penalties on home mortgage loans, termination of residential lease agreements), has brought one suit under SCRA, and has resolved a number of allegations without the need for litigation. Servicemembers and their dependents who believe that their SCRA rights have been violated should contact the nearest Armed Forces Legal Assistance Program office. Please consult the military legal assistance office locator at http://legalassistance.law.af.mil and click on the Legal Services Locator.

(2) According to the press release, this modified policy applies to all loans on owner-occupied properties serviced by Homecomings or GMAC Mortgage, LLC with respect to which one of the following entities retains the contractual right to receive the prepayment penalty: Homecomings or GMAC Mortgage, LLC or either entity's affiliates, including, but not limited to, the Residential Funding Company, LLC and GMAC Bank.

NY Governor Stiffs State Court Judges On Pay Raise Despite Sharp Spike In Caseload; Legal Aid Programs Also Get The Shaft

In Albany, New York, the New York Law Journal reports:

• Governor David A. Paterson praised the Judiciary for making an austere spending request even while the courts confront an influx of foreclosure, personal debt and other cases related to the "greatest economic and fiscal challenge of our lifetime."

• However, Mr. Paterson did not include [in the state budget] a raise for judges, whose salaries have not increased since January 1999, in the spending plan he submitted yesterday to the Legislature.

***

• The budget [also] does not contain money, other than that to be provided by the Interest on Lawyer Accounts (IOLA) program, for civil legal services for the poor.

For the story, see Paterson Praises Courts' Budget, Passes on Judges' Raise.

Colorado Slaps Subpoenas On 13 Loan Modification Firms; Creating Fear To Squeeze Cash From Consumers Concerns State Regulator

In Denver, Colorado, The Denver Post reports:

• The Colorado Division of Real Estate has issued subpoenas to 13 mortgage loan-modification companies in Colorado, California and Arizona.(1) "Our concern is that there appear to be fly-by-night operations that are soliciting Colorado consumers who appear to be in trouble," said Erin Toll, director of the division. [...] "This is a brand-new cottage industry. These loan-modification companies are springing up like wildfire."(2)

***

• Toll said many solicitations are misleading. At the top of one company's solicitation is "Notice & Demand" in large type, making it appear to be an official document. Some solicitations appear to be from the U.S. Department of Housing and Urban Development until the small print at the bottom of the page. "What we're hearing from consumers is they feel threatened when they get these notices," Toll said.(3)

Toll added that it's illegal even to solicit Colorado residents for loan modifications without being a state-licensed mortgage broker.

For more, see Loan-modification firms subpoenaed.

For story update (12-19-08), see The Denver Post: 3 more loan-modification firms subpoenaed (All are based in California. Such companies may be preying on desperate homeowners).

(1) According to the story, among the paperwork the division wants are documents used for marketing to Colorado consumers; lists of borrowers who have attempted loan modifications and the status of their cases; bank statements; copies of checks; and lists of mortgage lenders or mortgage services the companies have worked with.

(2) Problems occur, Toll said, when the companies or individuals charge large up-front costs, usually one month's mortgage payment, plus a fee of several hundred dollars, then fail to return the borrowers' money when they are unable to renegotiate the loan.

(3) Using written communications that simulate either official court documents, or documents issued by a Federal or state government agency, for the purpose of extracting money from a consumer are the types of deceptive practices that have been declared illegal when done in the debt collection context. See Fair Debt Collection Practices Act, § 807(9), § 807(13). The false representation or implication that a company is vouched for, bonded by, or affiliated with the United States or any State has also been declared to be an illegal practice in the debt collection context. FDCPA, § 807(1). It sounds to me that some of the loan modification people using these types of deceptive practices may be grifters formerly in the debt collection industry who have simply "grifted" into a new line of work.

Cook County Chief Judge Seeks Cash For Courts As Chicago-Area Foreclosure Filings Skyrocket; Current Funding To Process Cases Falling Short

In Chicago, Illinois, WBEZ Radio 91.5 FM reports:

• The sky-rocketing number of home foreclosure cases has the Chief Judge of the Cook County Circuit courts trying to muster up more cash. Judge Tim Evans is looking for an extra $8 million to run the court system next year [...].

***

• Evans says some of the requested money would pay 7 new support staff to help judges dealing with home foreclosure cases. EVANS: "I have had to reassign 14 of our judges to full time duties just dealing with foreclosure cases alone." Evans says in 2005, there were about 16,000 foreclosure cases in Cook County. This year there have been almost 44,000.

For the story, see Evans: Cash for Courts?

State Budget Cuts Leading To "De Facto" Foreclosure Moratorium?

In Tallahasse, Florida, The Associated Press reports:

• Florida courts already are jammed with more criminal and foreclosure cases due to the sagging economy, but the backlog will get only worse if their budgets are cut again, judges told lawmakers Wednesday.

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• Courts have cut back on support personnel such as clerks, security and staff lawyers. Prosecutors and public defenders also are short-handed. Circuit Judge Belvin Perry of Orlando, chairman of the Trial Court Budget Commission, said that has resulted in backlogs for civil dockets as courts must give priority to criminal cases, particularly those involving violence. Criminal defendants also have the right to demand speedy trials, so judges must put aside other cases to do those first, Perry said.

• He said a [Governor-requested] 10 percent cut would mean that "all civil cases in the state of Florida would virtually be suspended."

For the story, see Judges: More Fla. budget cuts mean court backlogs.