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.
Friday, August 31, 2012
Ex-NH Insurance Agent Dodges Prison For Preparing Two Sets Of Policies Used To Dupe Banks Into Financing Sale Leaseback Equity Stripping Ripoffs
In Concord, New Hampshire, The Associated Press reports:
A former insurance agent who said he believed he was helping financially distressed homeowners remain in their homes but who lied to federal investigators about insurance policies was placed on probation and fined $5,000 in federal court on Tuesday.
Robert Hayden operated the State Farm Insurance Agency in Goffstown when he was recruited at a business networking meeting by the organization’s president, Michael Prieto, to assist him in a new venture in 2005.
Prosecutors in their indictment of Prieto, formerly of Nashua, say his venture, which he touted as a “rescue plan” for financially distressed homeowners, was fraudulent. They say Prieto, who’s scheduled to stand trial in November, persuaded homeowners to sell their homes to his associates for below-market prices in exchange for low rent payments and the promise they could repurchase their homes later for reasonable prices.
Prosecutors say Prieto then stripped whatever equity there was in the homes and refinanced them for much larger sums to pull more money out of the deals.
Hayden, of Lyndeborough, pleaded guilty to initially lying to federal agents when he was questioned about two sets of insurance policies he drew up for each of Prieto’s acquisitions – the rental insurance policy that he filed with his agency and the owner’s policy that enabled Prieto to secure the inflated mortgages.
“I thought I was helping people stay in their homes, their lives and their dreams, and it wasn’t the case,” Hayden, 54, told U.S. District Judge Joseph Laplante in Concord.
Prosecutors say Prieto ultimately defaulted on the mortgages he had orchestrated, with the principle amount exceeding $13 million.
Assistant U.S. Attorney William Morse told the judge he has no evidence Hayden knew about the extent of the scheme or benefited beyond the small commissions he received for writing the policies.
Attorney Michael Connelly, who represents Hayden, emphasized in court and in briefs filed in the case that Prieto pitched his venture at a meeting of the Business Networking International group meeting in Nashua.
“The openness with which Mr. Prieto announced the program, among a group of reputable professionals, and the benevolent stated purpose behind the program made it seem to Mr. Hayden like a legitimate arrangement,” Connelly said.
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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