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, July 19, 2012
Houston-Area Man Faces Aggrevated Theft Charge For Pocketing $50K By Unloading Home In F'closure Onto Unwitting Buyer Without Disclosing Mortgage Lien
In Harris County, Texas, The Atascocita Observer reports:
An Atascocita man faces a felony charge of aggregate theft for allegedly attempting to sell his home with the knowledge that it was under foreclosure proceedings. Harris County court records show Matthew Louis Seiffert, 60, is accused of fraudulently accepting payments from a non-profit organization called “Hands Across the Equator Peru” for the sale of his residence located in the 19600 block of Atasca Oaks Dr.
“[The complainant] stated he paid Seiffert a total of $50,000 toward the residence,” Harris County District Attorney’s Office investigator Dustin Deutsch states in a probable cause statement [...].
Deutsch says a general warranty deed was subsequently filed with the Harris County Clerk’s Office in Sept. 2010, promising to transfer the residence into the ownership of “Hands Across the Equator Peru” and its local agent, board member Douglas Ashworth.
Months later, as the buyer of the home continued to pay installments on the home purchase, Ashworth was reportedly notified by the district attorney’s office that the bank had foreclosed on the property. “Ashworth stated he was never refunded the $50,000 he had paid to Seiffert for the residence,” Deutsch says. Investigators learned that Seiffert was allegedly in default of his loan agreement on the residence for “failure to provide proof of insurance, failure to pay taxes, and failure to notify First Bank of a bankruptcy judgment entered against him.” Seiffert, court records say, was also behind on loan payments. Seiffert, investigators allege, entered into a sales contract for his residence on Atasca Oaks Dr. just after he reportedly received notice of the foreclosure proceedings in March 2010. “[I] determined that Matt L. Seiffert executed a warranty deed purporting to convey the foreclosed property when he had no legal authority to do so due to First Bank being the primary lien holder on the property and having foreclosed the property,” Deutsch said. Seiffert was taken into custody July 12 and is being held in Harris County Jail without 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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