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, December 06, 2012
Foreclosure Rescue Peddler Gets 35 Years For Forging Loan Modification Approvals, Then Structuring Mailing Scheme To Hijack Subsequent Payments On Phony Mortgage Workout Deals
In Baltimore, Maryland, The Baltimore Sun reports:
Con artist Rodney Getlan did not just take people's money — his actions caused them to lose their homes.
That he stole the sanctuary of a roof and four walls may have led to Getlan's getting a much longer prison term. Baltimore County Circuit Judge Vicki Ballou-Watts sentenced Getlan to 35 years in prison this week, a sentence on par with punishment for some violent crimes.
"Rodney got what he deserved," said Lauri Hartz, who attended the court proceeding as one of nearly 50 known victims of Getlan's scheme to divert mortgage payments to his own accounts.
***
In the Getlan case, Hartz and her mother, Sally Begun-Gordon, 83, lost about $30,000 to the fraud. But their financial and emotional distress has been much greater, Hartz said. Now both of their homes are in the foreclosure process. Hartz is going through mediation with her lender; her mother has not reached that point yet.
The two Rockville residents were referred to Getlan by their mortgage broker, so they had reason to think he was legitimate, Hartz said.
Prosecutors have alleged that Getlan caused direct losses of about $400,000, though the amount of restitution owed is still being litigated. Getlan pleaded guilty to crimes related to nine homeowners on the condition that the state's attorney would not pursue the remaining claims.
Prosecutors said that the scheme began in 2009, in the middle of the housing crisis, and survived a cease-and-desist order and even his first guilty plea. In addition to charging an advance for a loan modification — generally illegal in Maryland — Getlan also forged documents to make it appear that lenders had approved the modifications, according to the charging document.
Getlan, 45, of Owings Mills, then used several bank accounts and fake company names to make homeowners think they were sending their monthly payments to their mortgage servicers — even though the money was actually being sent to mail forwarding services across the country that he set up, prosecutors said.
He also changed the mailing addresses on his victim's accounts so that their mortgage servicers would not notify them that something was amiss.
Throughout the scheme, Getlan was on notice that his actions were illegal, prosecutors say, and he continued to flout the law. A company he was affiliated with, U.S. Equity Solutions LLC, received a cease-and-desist order in mid-2009.
Then, in February 2011, Getlan was charged in Baltimore County with theft related to a mortgage modification he'd pretended to procure for a man in South Carolina. He pleaded guilty to the single count of theft but continued to receive monthly mortgage checks form dozens of other victims, prosecutors said.
"He was collecting money from this group after he was sentenced," Naylor said.
While Ballou-Watts suspended 10 years of Getlan's sentence, and Maryland's parole guidelines mean he will likely be behind bars for less than a decade, the sentence is a long one for mortgage fraud when compared to federal sentences in similar cases.
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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