Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports & other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
Thursday, May 17, 2012
Title Agent Pinched In $500K+ Escrow Ripoff That Left Ref'ncing Out-Of-State Couple In F'closure; Insurance Underwriter Steps Up To Make Victims Whole
From the Florida Keys, The Keys Reporter reports:
An owner of a mortgage title company with offices in Homestead and Key Largo is facing up to 90 years in prison for allegedly stealing money from one of her client's escrow accounts. State Division of Insurance Fraud detectives say Marie L. Girard, 52, owner of Girard Title Company, used more than $580,400 from a Minnesota client's mortgage escrow account for her own personal use.
The couple, Paul and Peggy Bruci, did not discover what was going on until they received a notice of foreclosure on their home they refinanced through Girard [...] in Key Largo.
Detective John Swope wants to know if there are any more victims out there. If you suspect you were victimized by Girard or any other title agent, call (954)-321-2995. Girard could not be reached for comment.
According to Girard's arrest warrant, Girard was the closing agent for the refinancing on the Bruci's home in May 2008. The couple was obtaining a loan from Bank United FSB for the house. Girard was acting as an agent for First American Title Insurance Company. That company was responsible for paying the Bruci's first mortgage under the refinancing agreement, according to the arrest warrant submitted by Swope.
On May 28, 2008, Girard allegedly filled out forms stating the Bruci's $508,000 mortgage was paid off. But Swope said Girard instead converted the entire $584,000 from the Bank United loan to herself.
According to the warrant, Girard changed the Bruci's mailing address for the borrower's monthly mortgage payment information to her Key Largo office at 230 Homestead Avenue. Swope said she then used the Bank United money to pay mortgage payments on that Key Largo office.
In February 2009, Girard met with an attorney for First American Title and admitted misappropriating the escrow funds. She worked out an agreement with the company to repay $112,726 up front and to take out mortgages on her two offices to repay the remaining $389,422 balance for the Bruci's mortgage before it was refinanced.
Since that money was never actually paid to the original lender, First Magnus Mortgage, First American was on the hook for the funds. Girard allegedly promised to pay First American the balance by Feb. 12, 2009, but instead allowed the mortgages on both her offices to default.
She is facing one grand theft charge, one charge of misappropriating funds of more than $100,000 and one charge of misappropriating escrow funds. Each charge carries with it up to 30 years in prison. At press time Tuesday, Girard was being held on $175,000 bond.
CBC News: Betrayal of Trust (A CBC investigation reveals how lawyers across Canada have misappropriated and mishandled clients money, to the tune of tens of millions of dollars, or sometimes even charging vulnerable people top dollar for shoddy services)
Land Contract/Contract For Deed/Rent-To-Own Rackets
The New York Times: The Housing Trap (In the wake of the housing crisis, low-income families have turned to seller financing to buy homes but these deals can be a money trap)
Beware The Fine Print: Consumers Forced To Sign Away Their Rights To Use Court System
The NY Times: Arbitration Everywhere, Stacking the Deck of Justice(Part 1 in series examining how clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court)
Foreclosure Mills' Abysmal Record In Complying With New NYS Foreclosure Requirements
Justice Deceived: How Large Foreclosure Firms Subvert State Regulations Protecting Homeowners
MFY Legal Services Report On Questionable Practices By Process Servers In Debt Collection Cases
Justice Disserved: A Preliminary Analysis of the Exceptionally
Low Appearance Rate by Defendants in Lawsuits Filed in the Civil Court of the City of New York
Mortgage Mess Redux: Robo-Signers Return (A Reuters investigation finds that many banks are still employing the controversial foreclosure practices that sparked a major outcry last year)
CNN Video: As Foreclosures Mount, Florida Court Turns To 'Rocket Docket'
The Wall Street Journal: A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases (2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge)
"Produce The Note" Strategy When Dealing With Missing Promissory Notes In Foreclosure Actions
ABC Video: Fighting Against Foreclosure (Some homeowners have found a new tactic to keep the banks at bay)
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