Register Of Deeds Calls For Criminal Probe Into Foreclosure Fraud; Makes Major Document Dump Of 31K+ Robosigned Land Instruments On Bay State AG, Feds

From the Office of the Southern Essex (Massachusetts) District Register of Deeds John O’Brien:

• Saying that the time has come for a full scale criminal investigation, Southern Essex District Register of Deeds John O’Brien, [] has sent some 31,897 of what he says are fraudulent documents that have been recorded in the Salem Registry to Massachusetts Attorney General Martha Coakley, U.S. Attorney General Eric Holder and U.S. Attorney Carmen Ortiz.



• O’Brien said that he is asking these officials to impanel a Grand Jury to look into the evidence that he has presented.



• “I am confident that these documents will show a pattern of fraud, uttering and forgery. These documents are signed by known robo or surrogate signers, whose signatures were supposedly witnessed by notary publics. In addition, these documents may contain fraudulent information in the body of the documents. I believe that a criminal investigation is the next step to hold the perpetrators responsible.”

For more, see O’Brien calls for criminal action against the Big Banks, Says they acted like “criminal enterprise”.

Note: If you are a victim of robosigning, contact the Southern Essex District Register of Deeds customer service department to ask about receiving an affidavit as proof that a document being used to take your home contains a fraudulent or surrogate signed document.

Go here for a list of active robosigners identified by McDonnell Property Analytics in the Southern Essex District Deed Registry.

Thanks to Deontos for the heads-up on the press release.

Illinois AG Hits Debt Collector With Suit Alleging Variety Of Intimidation Tactics To Illegally Squeeze Cash From Consumers

From the Office of the Illinois Attorney General:

• [T]he Attorney General took action against a Skokie-based debt collector, PN Financial Inc., filing suit in Cook County Circuit Court. Madigan said PN Financial emerged last year as one of the most egregious cases of illegal debt collection during her tenure as Attorney General.

***

• Madigan’s lawsuit against PN Financial and owner, Nelson Macwan, of Skokie, alleges numerous violations of state and federal laws that protect Illinois consumers from off-limits debt collection tactics. Madigan alleged PN Financial acted illegally by:
  
  Revealing information about debts to people other than the consumer, including employers or family members;
  
  Fronting as a law firm and intimidating consumers with fake court case numbers on letters sent to consumers to falsely represent they had been sued for failure to pay a debt;
  
  Debiting more money from consumers’ bank accounts than consumers authorized, causing some to incur overdraft fees; and
  
  Accessing consumers’ credit reports without authorization to intimidate them to pay alleged debts.
  


• Additionally, Madigan said in some instances PN Financial attempted to collect debts it was not authorized to collect. As a result, some consumers paid PN Financial, without realizing they didn’t owe any outstanding balances to the collection company, and reported losing at least $9,000. PN Financial also contacted other consumers over debts that had already been paid off.



• Fifty-two consumers have filed complaints with Madigan’s office against PN Financial. The Chicago Better Business Bureau has received 82 complaints against the company.

For the Illinois AG press release, see Madigan: 2011 Consumer Complaints Show Debt Collectors Using Illegal Abusive Tactics.

For the lawsuit, see The People of the State of Illinois v. P.N. Financial Inc.

Suit: Foreclosure Rescue Outfit Ran Loan Modification Racket Targeting Elderly Woman Seeking Help With House Payments

In Kansas City, Missouri, the Kansas City Business Journal reports:

• Legal Aid of Western Missouri(1) has filed a lawsuit on behalf of victims of an alleged foreclosure rescue scam operating out of Mission. According to the suit filed Friday in U.S. District Court in Kansas City, Death Productions LP promised to help elderly women lower their mortgage payments by negotiating with lenders in exchange for a monthly fee.



• “Then they do nothing, and you end up losing your home,” said Jim Jenkins, a Legal Aid lawyer representing Marilyn Bowman of Raytown and Doris Linningham of Kansas City. Jenkins said he has received several other complaints from Kansas City-area residents who allegedly lost money to the husband and wife behind Death Productions, John Lee Norris and Julie Tina Hatcher.



• They previously ran the company in Nevada as Reaper Investment Partners LLC, Jenkins said, adding that they tend to target single black women older than 60 who hear of the company through trusted friends. “It wouldn’t surprise me if there are quite a few more” victims, he said.



• The suit seeks more than $75,000 for Bowman, who filed bankruptcy, and more than $100,000 for Linningham, whose house was sold out of foreclosure for $28,000 on Jan. 9.

Source: Suit: Mission company bilked elderly women in foreclosure rescue scam.

(1) Legal Aid of Western Missouri provides legal services to low-income citizens living below the poverty level in a 40 county area in western Missouri.

Novice Homebuyer Pockets $8K 1st Time Buyer Tax Credit, Uses Funds To Fix House Only To Learn He Purchased Worthless Land Contract From Slick Operator

In Dearborn Heights, Michigan, WXYZ-TV Channel 7 reports:

• The complaints keep coming about Leonard Bale. 7 Action News Investigator Bill Proctor broke the story about the man who has been selling foreclosed homes to families who say they have lost their lifesavings on these deals. Now one city is taking on Bale, who may be facing major fines.



• Leonard Bale will go before a Dearborn Heights board where he already faces $42,000 in fines for failing to maintain rental properties.(1)
But those who say they are victims of Bale continues to grow.


• “We were making our payments on schedule,” says Clayton Waldroup a father of five. He says he had hoped that the Dearborn Heights home he thought he was buying from Leonard Bale on a land contract would be the ideal place for his family for years to come.



• Like so many of Bale’s customers, Waldroup took advantage of the federal first-time home buyers program, and received a substantial check to fix up the house.



• “We moved in. We took the $8,000 we got from the federal government, replaced the furnace. We rewired the home, repaired the plumbing, put new cabinetry in it, refinished the floors, repaired walls, put windows in it,” says Waldroup. “We spent that money, plus all our cash reserves because this was going to be our home.”



• But like these families, and so many others who say they are victims Bale, the Waldroups would find out months after buying and renovating, and putting heart and soul into the place that Bale was no longer the owner. They learned their land contract was no good.



• “There were foreclosure notices,” says Waldroup, which is how he found out his land contract was no good.(2)

For the story, see More families comes forward to accuse Leonard Bale.

(1) See Controversial landlord now facing thousands in fines.

(2) Inasmuch as the so-called tax 'credit' is nothing more than a 15-year, interest free loan, this scam victim may now find himself on the hook for immediate repayment to the IRS of the entire amount of the credit (less any amount he may have already paid back). See Internal Revenue Service Information Release: IR-2008-106, Sept. 16, 2008: Tax Credit to Aid First-Time Homebuyers; Must Be Repaid Over 15 Years:

• The first-time homebuyer credit is similar to a 15-year interest-free loan. Normally, it is repaid in 15 equal annual installments beginning with the second tax year after the year the credit is claimed. The repayment amount is included as an additional tax on the taxpayer’s income tax return for that year. For example, if you properly claim a $7,500 first-time homebuyer credit on your 2008 return, you will begin paying it back on your 2010 tax return. Normally, $500 will be due each year from 2010 to 2024.

***

• However, some exceptions apply to the repayment rule. They include: [...]
  
  If you stop using the home as your main home, all remaining annual installments become due on the return for the year that happens. [...] If you sell your home, all remaining annual installments become due on the return for the year of sale.

Fire Drives Unwitting Recent Homebuyer From Residence Shortly After Learning His Property Purchase Was Worthless Land Contract Fleecing Him Of $48K

In Vacaville, California, KTXL-TV Channel 40 reports:

• The home Johnnie Carabajal was living in went up in smoke [earlier this month], but the fire was the last in a long list of bad things that happened to him and his four kids.



• Earlier in the month, he had been told to get out of the house he was trying to buy. "It went into foreclosure I lost it for hiring a bad realtor he's in court for embezzlement for 1.5 million dollars," said Carabajal.



• FOX40 backed up his claim on the FBI’s website. Alonzo Brown III was indicted on mortgage fraud charges this past summer. The nine-count indictment states Brown took out loans in the names of friends and used the money to buy property without their knowledge. Carabajal was not named in the case, but he says he used Brown to help him through the short sale.



• "I've given him almost 48 thousand dollars cash throughout the whole time," said Carabajal. That cash never made it to the bank. "The bank doesn't even know who I am on this house they look at me as a squatter on this house and I've been squatting in this house for two years," said Carabajal.



• FOX40 tried to contact Brown today, he did not answer the phone. Wells Fargo is looking into the situation. For now Carabajal is living in a motel and is trying to find a rental in the school district his kids attend.

Source: Fire Uncovers Possible Real-Estate Fraud.

Unwitting Family Who Recently Lost Home In Tax F'closure Clipped For $5500 From Alleged Scammer Claiming To Be New Owner Offering To Sell Back House

In Southfield, Michigan, WJBK-TV Channel 2 reports:

• A family loses their home to foreclosure. A man claiming to be the new owner of the house tells them to pay up or pack up. They gave him more than $5,000. Where did the money go?

For more, see Ex-Convict Accused of a Dirty 'Deed'.

More On Borrower Squeeze By Banksters' Force-Placed Homeowners' Insurance Racket

The New York Times reports:

• New York State financial services agency is investigating several large banks to see whether they fraudulently steered homeowners into overpriced insurance policies. The investigation centers on so-called force-placed insurance that has become increasingly common since the downturn of the housing market began and homeowners had trouble keeping up with payments on their home insurance.



• JPMorgan Chase, Bank of America, Citigroup and Wells Fargo are among the major companies involved in the inquiry by the office of Benjamin M. Lawsky, the superintendent of New York State’s Department of Financial Services, according to a person briefed on the investigation who asked to remain unidentified because the matter was private.

***

• In general, mortgage servicers are allowed to take out insurance policies on homes after a homeowner allows existing coverage to lapse. Though homeowners have little choice and sometimes little notice about the new plans, they often end up shouldering the costs of the insurance through their mortgage payments.



• The increased cost is to be expected to some degree because homeowners who missed insurance payments on old policies are risky customers. However, Mr. Lawsky’s office views some of the increases as exorbitant. For instance, in one case his office is examining, a homeowner who paid $2,000 a year to State Farm ended up paying $6,000 a year to a new insurer.



• Potential wrongdoing may occur when both mortgage servicing and insurance units are within the same company or affiliated in some way. That introduces a potential conflict because companies may have an incentive to place homeowners in policies offered by their affiliates rather than looking for the best rates on the open market.

For the story, see Big Banks Face Inquiry Over Home Insurance.

Homeowner/Couple Claims Russian Mob Electronically Stole Refinance Proceeds; Title Insurer To Victims: 'Get Lost - We Ain't Payin' Your Claim!'

In Parker, Colorado, KMGH-TV Channel 7 reports:

• A simple refinance more than two years ago has a Parker family fighting for their home after the Russian mafia allegedly stole money during a wire transfer. Now the family’s home faces foreclosure again, with a hearing scheduled for Jan. 25.

***

• In September of 2009, [Kim & Tim Canning] refinanced their home with Ryan Rodenbeck of Classic Title. At some point when the funds were being transferred online to Chase Bank, $900,000 disappeared. Rodenbeck said nine $100,000 transfers were stolen -- $277,000 of that was part of the Cannings refinancing.


• In 2010, Rodenbeck said he did nothing wrong and that the money was intercepted by the Russian mafia. Classic Title has since gone out of business.



• Tuesday, a representative from Chase Bank said they determined Rodenbeck transferred the money without using a secure site with encryption.

***

• Bank of America held the Cannings first mortgage. It was supposed to be paid off during the transfer. Since the money never made it to them, the Cannings basically have two mortgages on their home. Bank of America wants its money back so it’s foreclosing on their home.

***

• But trying to get the foreclosure to stop is only half of the problem according to the Cannings.



• Rodenbeck was working as an agent for Attorneys’ Title Guaranty, a title insurance company. “They could make the whole thing go away today and they chose not to,” said Kim Canning.



• She said Attorneys’ Title refuses to pay their claim. Cedars asked isn’t that what insurance is for? “Correct,” said Tim Canning. “And that is the question every attorney that has looked at this (case) and every person who has any experience in this industry has asked -- why is the title company not stepped up on this?” “I want them to tell me to my face, why they are doing this, because this is a choice, they are choosing to do this to us,” said Kim Canning. No one from Attorneys’ Title would return phone calls from 7NEWS [].



• The Cannings went to the state Department of Regulatory Agency, known as DORA for help. “We've been told that is what DORA is there for," said Kim Canning. She said DORA should be able to force them to pay the claim.



• In a statement to 7NEWS, DORA said, “We continue to monitor the situation to ensure the title company is fulfilling its obligation.”

For the story, see Stolen Wire Transfer Leaves Family In Foreclosure (Russian Mob Allegedly Stole Refinance Money).

Media Intervention Saves Another Homeowner From Sloppy Servicer's Handiwork; Bankster Ran Up Late Charges, Threatened F'closure Over Bookkeeping Gaffe

In Caldwell County, North Carolina, WSOC-TV Channel 9 reports:

• A Caldwell County woman was threatened with foreclosure over a missing payment she said she made to her loan company. Sherry Story is a hard-working single mother and does not have money to waste. For the last two months she has been trying to chase down the $400 payment she made on her second mortgage to Litton Loan Servicing just as her loan was being sold to Ocwen Loan.

***

• Story said she sent Ocwen a copy of the payment that came through her bank and has called Ocwen 15 times, but still cannot get credit for the payment. Now the company has tacked on additional charges totaling nearly $1,200. “I’m fearful they’re going to get away with what they’re doing and they will foreclose. I have been threatened with foreclosure,” Story said.



• That’s when Story went online and discovered the company has an ‘F’ rating with the Better Business Bureau and more than 900 complaints. Some of the complaints are similar to hers.



• So Action 9 called Ocwen Loan, was put in contact with someone in their overseas research department and asked them to investigate. Action 9 waited on the line for 45 minutes.



• Finally, Ocwen said they credited the $400 payment and removed the additional fees. Story demanded they send proof. Story said she will be able to sleep at night when she gets proof her mortgage payment was properly credited.



• “I don’t think I could have done it if you hadn’t helped me with it. I just wasn’t getting anywhere with them,” she said.

For the story, see Woman's home loan sold, payment lost.

Illinois AG Tags Two With Criminal Charges For Allegedly Promising To Save Homeowners From Foreclosure By Peddling Sale Leaseback Schemes

From the Office of the Illinois Attorney General:

• Attorney General Lisa Madigan announced the arrest of a Chicago man who stole more than $350,000 in a wide-reaching mortgage fraud scheme in which they promised to help desperate homeowners avoid foreclosure.



• Madigan said defendant Warren Jackson, 41, of Chicago, was arrested late Thursday and is being held in Cook County jail. Yolanda King, 46, of Chicago, who was also charged in the scheme, was arrested on Jan. 10. Both were formally indicted earlier this month.



• Jackson was charged with one count of organizing a continuing financial crimes enterprise, four counts of financial institution fraud and three counts of theft by deception, one count of criminal mortgage rescue fraud, one count of forgery by delivery, and one count of false impersonation of an attorney. King was charged with two counts of financial institution fraud and one count of forgery by delivery.

***

• Jackson and King are facing six to 30 years and four to 15 years in the Illinois Department of Corrections, respectively.



• Madigan alleges that Jackson orchestrated two mortgage-related schemes involving Chicago homeowners. King was charged for her role in helping Jackson perpetuate these schemes. The first scam targeted homeowners at risk of foreclosure, promising to save their homes by negotiating lower mortgage payments. Madigan alleges that after collecting upfront fees, Jackson failed to negotiate or perform any services on behalf of the homeowners, placing their victims at even greater risk of foreclosure.



• In the second scheme, called a “sale-leaseback” to purportedly save the homeowner’s home,(1) Jackson used straw buyers to purchase homes from distressed homeowners, sometimes falsely promising them that they could pay rent for a year and then could potentially buy back the property. Jackson also tricked homeowners into unknowingly selling their homes to straw buyers by leading them to believe that they were signing paperwork for a new loan to help them avoid foreclosure.



• Madigan alleges that Jackson used the sale-leaseback scheme to transfer title from homeowners to straw buyers for the purpose of stripping the remaining equity from the home. Individual homeowners lost from $70,000 to $150,000 of equity in their homes as a result of the schemes.(2)

For the Illinois AG press release, see Madigan: Two Chicago Con Artists Arrested In Criminal Mortgage Scheme.
(1) For more on this type of foreclosure rescue ripoff, see:

• Criminal Prosecutions Of Sale Leaseback Peddlers In Equity Stripping Foreclosure Rescue Deals;
• Dreams Foreclosed: The Rampant Theft of Americans' Homes Through Equity-stripping Foreclosure 'Rescue' Scams (June 2005).

(2) At one time, many in state and local law enforcement (particularly those with untrained eyes and who were otherwise clueless in handling 'semi-sophisticated' white collar crimes - for some, anything more complex than investigating a 'rubber check' case is 'semi-sophisticated') once passed on prosecuting these sale leaseback equity stripping ripoffs that under the flimsy pretense that these cases were merely 'civil matters.'

Over the last couple of years, it's been primarily the Feds (U.S. Attorneys, FBI, Secret Service, etc.) that have been bringing prosecutions in these equity stripping ripoffs. However, as this story reflects, more and more state court prosecutors now appear to be stepping up to the plate and showing some guts by bringing criminal charges against these scammers. See, for example:

• Sale Leaseback Equity Stripping Peddler 'Scores' Guilty Verdict In Equity Stripping Ripoff; Grand Larceny, Scheme To Defraud, Conspiracy, Says Jury (Prosecuted by the Westchester County, NY District Attorney, a scammer who swindled four local families out of their homes was convicted after a jury trial of four felony counts of second-degree grand larceny and one each of first-degree scheme to defraud and fourth-degree conspiracy),



• Convicted Foreclosure Rescue Scammer Could Face Life Sentence On New Charges In Alleged Sale Leaseback, Equity Stripping Ripoff That Fleeced 5 Victims (Los Angeles District Attorney charged alleged scammer with 23 felonies — including theft from the elderly, identity theft and real estate fraud — for allegedly tricking five people into unknowingly granting him title to their homes, and charged him under California's 'three-strikes' law),



• Foreclosure Rescue Scam Mastermind Found Guilty Of Dozens Of Felonies; Ran Upfront Fee Land Grant Scheme, Sale Leaseback Rent Skimming Racket (After an eight-week trial, and through the efforts of the San Diego District Attorney, a scammer was found guilty of 160 counts of conspiracy to commit grand theft, grand theft, rent skimming and deceitful practices by a foreclosure consultant),



• Delaware AG Levels 21-Count Indictment Against Alleged Foreclosure Rescue Racket Using "Divine" Cover In Sale Leaseback, Equity Stripping Ripoff (The Delaware Attorney General obtained an indictment alleging that the scammer ran a criminal enterprise involving theft, money laundering, and forgery in which he preyed on vulnerable homeowners who faced imminent foreclosure),



• Central Florida Sale Leaseback Peddler Linked To 50 Ripoff Deals Gets 10 Years On Racketeering Charge; Targeted Cash-Strapped, High-Equity Homeowners (A joint prosecution by the Orange County, Florida and the state attorney general (under former AG Bill McCollum) led to the scammer copping a plea to a single count of felony racketeering after initially being charged with 12 first-degree felony counts, including racketeering, conspiracy to commit racketeering and numerous counts of grand theft),



• NY AG Squeezes Guilty Pleas From 4 For Roles In Alleged Sale Leaseback, Equity Stripping Foreclosure Rescue Racket; 1 Awaits Trial On 23 Felony Counts (After a New York Attorney General prosecution, four employees of a sale leaseback racket pleaded guilty in Albany County to felony charges that included grand larceny, scheme to defraud and falsifying business records, after the Attorney General's Office filed criminal complaints),



• Queens DA Bags Seventeen Suspects In Alleged Sale Leaseback, Equity Stripping Foreclosure Rescue Racket (Queens County, NY DA (joined in the probe by the office of the New York State Banking Department and the New York State Police) variously charged the defendants with first- and second-degree grand larceny, first degree criminal possession of stolen property, first-degree money laundering, first-degree identity theft, second-degree forgery, second-degree criminal possession of a forged instrument, first-degree falsifying business records, first-degree offering a false instrument for filing, first-degree scheme to defraud and fourth-degree criminal facilitation.).

Disgraced Ex-Lawyer Gets 15 Years For Role In At Least 102 Chicago-Area Sale Leaseback-Peddling, Equity Stripping Ripoffs

From the Office of the U.S. Attorney (Chicago, Illinois):

• A former Chicago lawyer was sentenced to 15 years in federal prison for engaging in mortgage and bankruptcy fraud schemes involving a so-called “mortgage bailout” program that purported to “rescue” financially distressed homeowners but instead tricked victims into relinquishing title to their homes and declaring bankruptcy.



• The defendant, Norton Helton, participated in at least 102 fraudulent mortgage bailout transactions and more than a dozen fraudulent bankruptcies in 2004 and 2005. He was ordered to pay more than $3.2 million in mandatory restitution to various lenders and financial institutions that were not repaid by the borrowers or fully recovered through subsequent foreclosure sales, federal law enforcement officials announced [].



• Helton, 50, of Atlanta and formerly of Chicago, was sentenced Wednesday by U.S. District Judge Samuel Der-Yeghiayan in federal court in Chicago. He was ordered to begin serving his sentence in June.



• Helton and two co-defendants, Charles White and Felicia Ford, were convicted of multiple fraud counts following a five-week trial in June and July 2010. White, 43, of Chicago, was sentenced late last year to more than 22 years in prison, while Ford, 39, of Chicago, is awaiting sentencing next month.



• White owned and operated Eyes Have Not Seen (EHNS), which purported to offer insolvent homeowners mortgage bailout services that would prevent them from losing their homes in foreclosure by selling their property to third-party investors for whom the defendants fraudulently obtained mortgage financing.



• The victim-clients were assured they could continue living in their homes rent and mortgage-free for a year while they attempted to eliminate their debt and repair their credit.



• EHNS misled clients concerning the operation of the purported program. In particular, victim-clients were not told that their homes were, in fact, being sold to third parties and that ENHS would strip their homes of any available equity at the time of sale, which EHNS did.



• Instead, ENHS clients were told that they were only temporarily transferring their homes and would preserve their ownership rights.



• Helton was recruited by White to represent ENHS participants at the real estate transactions it orchestrated. The victim-clients typically met Helton for the first time at the closings at which they sold their homes. Helton worked to placate individuals who questioned the program and to dissuade them from retaining independent legal advice.



• He received above-market legal fees for appearing at closings at which he did little more than guide victim-clients through the paperwork that sold their homes with EHNS receiving all of the profits from the sale. Helton further used the ENHS real estate closings to recruit prospective bankruptcy clients, informing them that bankruptcy would serve as a component of the bailout program. Helton subsequently filed more than a dozen bankruptcy petitions for victim-clients that omitted any reference to their recent EHNS property sales.



• In addition to participating in ENHS’s bailout program, Helton attempted to implement his own mortgage bailout program through Diamond Management of Chicago, Inc., a foreclosure avoidance company comparable to EHNS. Helton marketed Diamond’s bailout program and his bankruptcy services as part of a “credit repair” system.(1)

For the U.S. Attorney press release, see Former Chicago Lawyer Sentenced to 15 Years in Prison for Mortgage Fraud Involving At Least 102 Fraudulent “Bailouts.”

(1) For more on this type of foreclosure rescue ripoff, see:

• Criminal Prosecutions Of Sale Leaseback Peddlers In Equity Stripping Foreclosure Rescue Deals;
• Dreams Foreclosed: The Rampant Theft of Americans' Homes Through Equity-stripping Foreclosure 'Rescue' Scams (June 2005).

Feds Continue 'Pinch' On F'closure Rescue, Sale Leaseback Peddlers As Pair Get Tagged w/ Indictment In Equity Stripping Racket That Fleeced Homeowners

In Norfolk, Virginia, The Virginian Pilot reports:

• Two Chesapeake men have been indicted by a Norfolk federal grand jury on nine charges related to an alleged foreclosure rescue scheme, federal officials announced Thursday. The charges against Philip Villasis, 41, and Ray D. Gata, 56, include conspiracy to commit wire fraud, wire fraud and money laundering.

***

• From November 2006 until February 2011, “Villasis and Gata engaged in a foreclosure rescue scheme that defrauded homeowners and mortgage lenders,” according to the indictment as cited in the government announcement.



• Villasis allegedly “promised homeowners that he could save them from foreclosure by arranging a sale of their homes to Gata and other straw borrowers.”



• Homeowners were promised that they could stay in their homes after the sale and pay rent, and Villasis would resell their homes back to them once they were “more financially secure,” according to the government’s announcement.



• “Villasis and Gata profited from this scheme by taking all of the proceeds from the home sales,” it states.



• The pair are alleged to have “executed false closing documents that showed the proceeds of the sale going back to the homeowners when, in fact, the proceeds were going to Villasis, Gata and the other straw borrowers.”



• Homeowners, according to the government, “received nothing from the sale of their homes while Villasis, Gata and others received in excess of $170,000.”



• “In almost every case, Villasis required the homeowners to pay more in rent to cover a larger mortgage, and he ultimately evicted these homeowners from their homes,” the government’s release states.(1)

For the story, see Two Chesapeake men indicted in alleged foreclosure scam.

For the U.S. Attorney (Norfolk, Virginia) press release, see Chesapeake Men Indicted for Foreclosure Rescue Scheme.

(1) For more on this type of foreclosure rescue ripoff, see:

• Criminal Prosecutions Of Sale Leaseback Peddlers In Equity Stripping Foreclosure Rescue Deals;
• Dreams Foreclosed: The Rampant Theft of Americans' Homes Through Equity-stripping Foreclosure 'Rescue' Scams (June 2005).

F'closure Sale Bid-Rigging Outfit Gets Break On Paying Fines After Guilty Plea For Sherman Act Violations; Aid To Feds Helps Bag 2 Add'l Confederates

In Mobile, Alabama, the Press Register reports:

• A local company will pay a $250,000 fine plus restitution for rigging real estate foreclosure auctions, a federal judge ruled this afternoon. U.S. District Judge Ginny Granade endorsed the deal worked out between prosecutors and attorneys for M&B Builders. Company co-owner Harold H. Buchman, who appeared on behalf of the corporation [], faces 6 months in jail and a $21,141 fine at his sentencing hearing in April.



• Defense attorney Donald Briskman said in an interview that M&B Builders will take a hit. “It’s not a positive effect, but it’s something they are going to work towards satisfying,” he said.



• Buchman, along with his firm and Allen K. French pleaded guilty in October to violating the Sherman Anti-Trust Act in a scheme dating to May 2001.

***

• The company’s fine could have been worse under advisory sentencing guidelines, which laid out a range of more than $300,000 to more than $500,000.



• But attorneys from the U.S. Department of Justice recommended the lower amount because of the company’s cooperation, which officials indicated led to the prosecution of 2 other real estate investors or participated in the fixed auctions.(1)



• In addition to French, Bobby Threlkeld Jr., pleaded guilty in December.

For more, see Mobile company fined $250,000, ordered to pay restitution for fixing foreclosure auctions.

Go here for other posts & links on bid rigging at foreclosure and other real estate-related auctions.

Go here for links to more from the U.S. Justice Department on bid-rigging prosecutions, generally.

(1) The more confederates a 'squealing' defendant can 'throw under the bus', the better the break on the plea deal he can expect a prosecutor to cut (and a judge might approve).

• "When a conspiracy is exposed by an arrest or execution of search warrants, soon-to-be defendants know that the first one to "belly up" and tell what he knows receives the best deal. The pressure is to bargain and bargain early, even if an indictment has not been filed." United States v. Moody, 206 F.3d 609, 617 (6th Cir. 2000) (Wiseman, J., concurring) (referring to the not-uncommon phenomenon some refer to as the 'race to the courthouse' (or 'race to the prosecutor's office') that breaks out among participants in an 'about-to-collapse' criminal conspiracy).

21 Residents Driven From Homes Into Frigid Cold As Frozen, Bursting Water Pipes, Electricity Short Out Spell Shut Down For Building In Foreclosure

In Cicero, Illinois, NBC Chicago Channel 5 reports:

• The town of Cicero stepped in Friday after 21 residents, including 12 children, were displaced from their home because of bursting water pipes amid a foreclosure battle.



• Ahead of the coldest morning of the year, several frozen pipes burst Thursday night in the building in the 5100 block of 30th Street, causing the electricity to short out. For the past year, the residents have been caught in foreclosure proceedings between the building's owner and the city.



• The owner, who city officials said couldn't be found Friday, is accused of owing thousands in water bills to the city. The town of Cicero paid for hotel rooms for the displaced families. Because of the foreclosure, it's not clear who will pay for repairs in the building.



• One thing's for sure. The residents can't go home right now. A community service car blocked the building, which has been closed by the town.



• The fire department said the building is currently a safety hazard for residents.

Source: 21 Cicero Residents Displaced on Frigid Day (The town stepped in to pay for hotel rooms).

Suit: Judgment Debtor Played 'Keep-Away' With Creditor By Fraudulently Transferring Real Estate Ownership To Complicit Mom To Avoid Collection Efforts

In Galveston, Texas, The Southeast Texas Record reports:

• Claiming fellow Galvestonians Daniel and Rita Higgins committed a fraudulent property transfer, Leslie and Sandra Bartosh have a filed a lawsuit. The lawsuit, filed Dec. 30 in Galveston County District Court, accuses Daniel P. Higgins of turning two pieces of real property on the farther West End of Galveston over to his mother "with the intent to hinder, delay or defraud the plaintiffs."



• Recent court documents explain that the Bartoshes pursued legal action against the younger Higgins in 2009 and eventually won a settlement in the amount of $67,704 on June 14. "The plaintiffs allege that the foregoing judgment was a valid and subsisting judgment and that the plaintiffs obtained an abstract of judgment," the original petition says.



• The suit shows the properties in question had a fair market value that was in excess of $67,704 when Danny P. Higgins transferred them by way of quitclaim deed to Rita Higgins on Oct. 25.



• According to the complainants, said transfer occurred to prevent the defendant transferor's creditors and the plaintiffs from obtaining collection of the claim.



• They additionally claim Rita Higgins had notice of her son's alleged actions and was aware he was experiencing "serious financial difficulty" at the time of the transfer in question. "The defendant Rita Higgins did not pay adequate or any consideration for the properties," the suit says.

Source: Suit claims property transfer was fraudulent.

Property Owner Sues Sibling/Co-Owner Over Alleged Failure To Cough Up Her Share Of Real Estate Tax Bill; Asks Judge To Order Forced Sale Of Land

In Jefferson County, Texas, The Southeast Texas Record reports:

• A woman claims her sister failed to pay her half of the property taxes on a piece of Jefferson County real estate the siblings jointly owned. As a result, the property has settled into disrepair, according to recently filed court documents.



• Susan Manuel filed a lawsuit Dec. 30 in Jefferson County District Court against Gwendolyn Lejunie. In her complaint, Manuel alleges she and Lejunie owned the property at 2010 Seventh St. in Port Neches. They inherited the land from their mother, Bonita Manuel, on Aug. 1, 2005, according to the complaint.



• Despite her 50 percent share of the property, however, Lejunie has refused to pay property taxes on it, the suit states. She has also failed to keep the property in a "liveable and marketable" condition, the complaint says.



• Manuel wants the court to order sale of the property. She wants to receive 60 percent of the proceeds as compensation for the loss of market value of the property.

Source: Siblings in dispute over property taxes.

Texas Man Files Suit To Dodge Boot From Home Owned By Another That He's Lived In, Maintained For 35 Years

In Jefferson County, Texas, The Southeast Texas Record reports:

• A Nome man who has lived on a Jefferson County property for 35 years is asking the court to overturn a woman's eviction orders.



• Charles Malveaux filed a lawsuit Jan. 5 in Jefferson County District Court against Mary E. Jackson. In his complaint, Malveaux claims he has lived on and maintained a property in Nome for more than 35 years.



• However, Jackson is now attempting to evict him from the property, claiming she was given 100 percent ownership of it following the death of Sarah Parker, according to the complaint.



• Malveaux maintains that Parker gave him permission to occupy the land and says he should be granted the right to remain on the property because of the work he has performed for the past 35 years.

For the story, see Nome man sues property owner to stop eviction.

Federal Judge 'Green-Lights' Embattled Foreclosure Sweatshop Operator's Lawsuit Alleging BofA Stiffed Him Out Of $11M In Legal Fees

In Miami, Florida, Courthouse News Service reports:

• A Plantation, Fla., law firm can seek $11 million in unpaid legal fees for its work on Bank of America foreclosure cases, a federal judge ruled.



• The Law Offices of David J. Stern says it was the legal counsel for Bank of America's Florida residential foreclosure cases across the state, employing some 1,200 attorneys and support staff at its peak. [...] Stern's 11-count complaint claims that Bank of America and its corporate parent owe more than $1.9 million, while BAC Home Loans Servicing owes more than $8.7 million.

For more, see Bank of America May Owe Lawyers $11 Million.

For the order denying BofA's Motion to Dismiss, see The Law Offices of David J. Stern, P.A. v. Bank of America Corp. et al.

L.A. City Tags Scofflaw Landlord For $322K In Relo Funds For Dozens Of Low-Income Tenants To Assist In Forced Move From 3-Unit Health/Safety/Fire Trap

In Los Angeles, California, the Los Angeles Times reports:

• The Los Angeles City Council voted [] to provide up to $322,000 in relocation money to dozens of low-income tenants who must move from a South Los Angeles apartment building deemed unsafe by city inspectors.



• Tenants were given eviction notices last month after housing officials concluded that owner John Callaghan had illegally converted what was supposed to have been a three-unit apartment building [...] into as many as 44 separate living spaces — a warren of narrow hallways; tiny, shared bathrooms; and communal kitchens, much of it laced with unpermitted electrical and plumbing work.

***

• The payments, which will range from $7,300 to $18,300, will come from a fund established by the Housing Department for tenants who must move out because of hazardous conditions. Those who receive the maximum must have lived in the apartment for more than three years and qualify as low income.



• The payments are designed to cover the first month's rent, a rental deposit, moving costs and the likelihood that tenants will be charged a higher rent at their next apartment, said Sonia Pflaster, a lawyer with the Inner City Law Center.(1) Some renters have been paying as little as $350 per month and are finding that similarly sized apartments are now going for $700 to $900, said Pflaster, who represents 35 tenants at the 49th Street property.



• Although the city's action goes a long way toward helping the tenants, council members still want to know why it took inspectors so long to figure out what had happened at the building — and how many other similar properties might exist.

***

• In recent weeks, city officials have required that the owner pay for an around-the-clock security guard on the property to make sure the unpermitted electrical work doesn't spark a fire.

For the story, see Tenants get relocation funds after eviction from illegal units (The l.A. City Council approves up to $322,000 for dozens of people who were living in an illegally remodeled apartment building. Lawmakers are still trying to determine what went wrong with inspections).

(1) Headquartered on Skid Row, Inner City Law Center provides free legal representation and social service advocacy in Los Angeles County to over 2,000 homeless and working poor clients each year.

F'closures Also Affect Dearly Departed; Loved Ones' Final Resting Place Anything But Peaceful As Pending Sale Of Troubled Cemetary Worries Families

In Madison, Indiana, WDRB-TV Channel 41 reports:

• Grandview Memorial Gardens Cemetery gained attention for water-logged graves and will now go to the highest bidder. The auction is just the latest problem for Grandview, that has many folks wondering what will happen to all of their loved ones.



• Pictures are all Hazel Wilkerson has of her late husband Fred who died October 22nd. "It will be three months Sunday," says Wilkerson, a secretary at the Madison Airport. She worked alongside her husband, a pilot, for many years. "We'd been married 45 years when he passed away."



• He is buried next to his mother at Grandview. Hazel already has her plot next to Fred. But their final resting place is anything put peaceful. "I just wonder what's going to happen," wonders Wilkerson.



• She's wondering because next month the cemetery is going on the auctioning block. Grandview's history is bogged down in controversy. Bodies were exhumed several years ago to fix problems with water logged graves. The actual owner is still in dispute with lawsuits dating back to 2006.



• "I just don't know. That's up to a judge to decide," says Jim Holt. He thought he sold the cemetery years ago to Keith Mefford and wants nothing to do with it now as it goes up for auction. "When Mefford stopped making his payments to me, then I stopped making the payments to the bank."



• The bank then filed foreclosure against the cemetery. Holt says he knows of two interested parties.



• Hazel Wilkerson just hopes the highest bidder holds this sacred ground in high regard. "Somebody's going have to take it over that's going to take care of it cause it's not really been taken care of like it should be." "The sheriff plans to auction off the cemetery on February 23rd.

Source: Troubled Madison cemetery will go to the highest bidder.

Brooklyn Judge Voids Foreclosure Forbearance Agreement; Sneaky Bankster Slicked Unrepresented Homeowner Into Signing One-Sided Deal

In Brooklyn, New York, Reuters reports:

• A Brooklyn judge has voided what she deemed an "unconscionable" forbearance agreement that required a mortgage holder to drop his legal defense against foreclosure proceedings in exchange for reduced payments that the judge said provided him "little, if any benefit."



• In a ruling dated January 6, Kings County Supreme Court Justice Marsha Steinhardt slammed the forbearance agreement struck between Brooklyn homeowner Jaime Arroyo and the company that bought his mortgage, Rossrock Fund II LP, saying the company and its counsel took advantage of the unrepresented homeowner to draft a one-sided deal.

***

• "An examination of the terms of the agreement and the circumstances of its execution reveal a transaction which is ostensibly designed to ease the foreclosure process in favor of the plaintiff while affording virtually no benefit to Arroyo," Steinhardt wrote. "Under these circumstances, the court finds that the subject agreement is unconscionable and employs its equitable powers to rescind the agreement."



• Sara Manaugh, a staff attorney in the Foreclosure Prevention Project at South Brooklyn Legal Services,(1) said she had rarely encountered an agreement "so plainly calculated to divest the homeowner or his or her home."

For more, see Brooklyn judge rescinds unfair forebearance deal.

For the court ruling, see Rossrock Fund II LP v Arroyo, 2012 NY Slip Op 50048(U) (NY Sup. Ct. Kings Cty., January 9, 2012).

(1) South Brooklyn Legal Services is a non-profit law firm that provides a range of legal advocacy and information for low-income people in Brooklyn. SBLS is a program of Legal Services NYC.

Mich. Woman Gets Up To 12 Months, Ordered To Pay $36K+ Restitution For Running Loan Mod Racket; Employee Gets 45 Days To Be Served Three Days/Week

In Allegan County, Michigan, The Allegan County News reports:

• A former Fennville woman will spend up to one year in jail after defrauding several dozen homeowners through her foreclosure rescue company. Tonya Raisbeck, 36, stood before Allegan Circuit Court Judge Margaret Zuzich Bakker on Friday, Jan. 13, and said she knew people questioned her intentions.

***

• Through her business, Mobile Modification Inc., Raisbeck accepted payments from homeowners in exchange for what they were told would be help in adjusting the terms of their mortgages; many faced foreclosure and were hoping to keep ownership of their homes. Raisbeck has been self-employed since 1999 and had been a real estate agent.



• Representing the state attorney general’s office was Scott Teter, who said 43 victims contacted his office; he said 35 lost their homes. The attorney general’s office announced the charges against Raisbeck and her company and eight others in July 2010.

***

• Bakker sentenced Raisbeck to one year in Allegan County Jail with credit for one day served for false pretenses, $1,000 to $20,000. Raisbeck will be on probation for five years and, in addition to court costs and fees, will also have to pay $36,417 in restitution.



• She received similar, concurrent sentences for one other count of false pretenses and one count of conspiracy to commit false pretenses.



• Bakker also sentenced Raisbeck to concurrent sentences of 90 days jail with credit for one day served for each of five violations of the Credit Services Act.



• Bakker said Raisbeck economically destroyed her victims. “The extensive, ongoing victimization that occurred...it’s phenomenal,” Bakker said. She said property crimes like this can trigger a chain of events that can ruin families. “To take away a family’s funds...results in so many ongoing effects; they can lose their mortgage, their home, their job, sometimes their spouse—sometimes their lives (through suicide).”

***

• Also on Jan. 13, Bakker sentenced Raisbeck’s one employee at Mobile Modification to 45 days jail to be served Tuesday through Thursday at Allegan County Jail. Jessica Sheldon, 32, pleaded no contest to one count of false pretenses in exchange for the prosecution dropping the remaining charges. Sheldon was also sentenced to three years probation and must pay court costs and fees along with $6,559 in restitution, joint and several with Raisbeck.

For the story, see ‘One-woman crime wave’ sentenced.

Another Homeowner Driven Into F'closure Over Misapplied Mortgage Payments; Bankster Refuses To Admit Error Until Media, State AG, US Senator Intervene

In East Pennsboro Township, Pennsylvania, The Patriot News reports:

• Citimortgage received a $20 billion government bailout on grounds it’s “too big to fail.” Fortunately, Citi isn’t too big to admit a mistake — although not fast enough to impress Myrna Hoke, whose daughter nearly lost her East Pennsboro Twp. home over an error by Citi.



• "It’s been unbelievably stressful,” said Hoke, 65, who spent months untangling the situation and sweated until minutes before a planned Jan. 4 sheriff’s sale.



• Hoke’s daughter, Christina May, went through a divorce and bankruptcy several years ago, and Hoke and her husband took over the $880 monthly mortgage.



• In 2010, Citi mistakenly applied mortgage payments to bankruptcy-related legal costs that had already been paid and declared the mortgage in default over missed payments.



• Hoke didn’t know anything was amiss until a foreclosure noticed arrived in late 2010. She spent months figuring out what went wrong, proving the mistake to Citi, and fending off sheriff’s sale of the house where her daughter and three grandchildren have lived for 11 years.



• It took the involvement of the Pennsylvania Attorney General’s Office, which helped obtain a refund of the five mortgage payments Citi had mistakenly applied to legal fees.



• Still, in order to reinstate the mortgage and call off a sheriff’s sale scheduled for early December, Citi wanted an immediate lump sump payment covering all missed payments since Citi stopped accepting them in 2010, plus late charges. That amount eventually topped $14,000.



• Citi turned down requests from The Patriot-News to discuss the situation. Hoke said she wouldn’t pay the fees, on the grounds the situation was Citi’s fault. Hoke, who has a mortgage of her own, further argued Citi should tack the missed payments onto the end of the loan, rather than require her to pay so much at once.



• Citi called off a sheriff’s sale scheduled for early December at the last minute as Hoke frantically argued her case and The Patriot-News also pressed for information.



• After reading about the situation in The Patriot-News, the staff of U.S. Sen. Bob Casey Jr. also contacted Citi, which eventually said it would waive late charges and accept $12,481 to reinstate the mortgage and call off the sale, now scheduled for Jan. 4.



• But Citi wanted the money immediately, and told Hoke that, otherwise, the home would be sold on Jan. 4. Hoke had to cash in an investment and use much of the Christmas bonus of her husband, an electrician who supervises trades workers at a nuclear power plant in Mississippi, where he spends much of the year.



• After agreeing on the $12,481, Citi called almost daily to ask when she would pay, Hoke said. She said she wired payment to Citi late on Friday, Dec. 31 — just before the New Year’s holiday. But she said she was surprised to call the Cumberland County Courthouse early on Jan. 4 and find the house still scheduled for sheriff’s sale.



• That prompted another round of panic for Hoke, along with calls to Citi and Casey’s office. It turned out Citi had tried to inform the Cumberland County sheriff’s department by fax the previous day, but the fax hadn’t gone through, said Jody Smith, the chief deputy. However, a lawyer who arrived to represent Citi on several properties said Citi had informed her the sale of the East Pennsboro home was called off.



• Meanwhile, Hoke said she was appalled by such behavior on the part of a company that received so much taxpayer aid. She contends Citi should have taken more aggressive steps to resolve the problem, and removed the threat of sheriff’s sale as soon as it realized its error caused the foreclosure “They should have said, ‘We were totally wrong, we have to do what we need to do to stop this foreclosure and do what we need to do to correct this,’” she said.



• In responding to one of The Patriot-News’ requests to discuss the matter, a Citi spokesman said it would require Hoke’s permission. But after Hoke granted permission, the spokesman said it was Citi’s policy not to discuss such cases.

For the story, see East Pennsboro Township woman nearly loses her home over error made by Citimortgage.

Lawsuit: Bankster Played "Hide & Seek" With Debtors, Judges, Others In Battling Tens Of Thousands Of Bankrupt Homeowners; Action Seeks Class Status

In Los Angeles, California, Courthouse News Service reports:

• JPMorgan Chase routinely fabricated documents to deceive bankruptcy judges, going so far as to Photoshop documents to "create the illusion" of standing "in tens of thousands of bankruptcy cases," according to a federal class action.



• Lead plaintiff Ernest Michael Bakenie claims that Chase's "pattern and practice of playing 'hide-and-seek' with debtors, judges and other bankruptcy players" bore rich fruit: that Chase secured motions for relief of stay and proofs of claim in 95 percent of its cases.



• "Through the use of fabricated assignments, endorsements and affidavits that purport to transfer deeds of trust, notes and the rights to all monies due under the terms of tens of thousands of non-negotiable promissory notes (the 'MLNs'); Chase has demonstrated a pattern and practice of playing 'hide-and-seek' with debtors, judges and other bankruptcy players," the complaint states.

For more, see Chase Accused of Brazen Bankruptcy Fraud.

For the lawsuit, see Bakenie v. JPMorgan Chase Bank, et al.

Foreclosure Sweatshop Operator Takes Scolding From Judge Over Sloppy Work; Ordered To Continue Personal Court Appearances Until Each File Is Corrected

In Poughkeepsie, New York, the New York Post reports:

• Take that, Steven Baum! The 50-year-old lawyer, who owns New York’s largest home-foreclosure mill, made a rare appearance in a courtroom [recently] — and was promptly ripped by a Bankruptcy Court judge frustrated by his firm’s sloppy work.



• Baum, whose eponymous firm has filed more than 25,000 foreclosure actions across the state over the past three years — many of which have been attacked for containing bogus documents — was lectured by Judge Cecilia Morris to correct his way of practicing law.



• “How many times do I have to tell you, you didn’t do it right,” Morris said during the afternoon hearing. “Do you not understand ‘do it right’?” she asked Baum.



• Morris had ordered Baum to appear in her courtroom personally after a steady stream of his firm’s lawyers mucked up several of the 180 foreclosure cases he has before the New York federal courts.



• The judge accused Baum of “slowing down the court” by failing to properly transfer his cases to other lawyers as he prepared to shutter his Buffalo-area firm. [...] “Please don’t make me angry,” Morris warned.



• The hearing in the Poughkeepsie courtroom was attended by several bankruptcy lawyers who have sparred with Baum in the past, who said afterwards that they were there just to see Baum sweat.

***

• Apparently not happy with his responses to questions, Morris ordered Baum to make repeat appearances in her courtroom until “each file” is corrected. “I’m telling you, you are walking on bad faith,” Morris said.

For the story, see He’s losing his appeal (Judge gives foreclosure king the Baum’s rush).

Bay State Regulator Strips Sticky-Fingered Broker Of Real Estate License; Writing Rubber Check, Failure To Return Buyer's Deposit Among Dirty Deeds

In Marblehead, Massachusetts, The Salem News reports:

• The state board that oversees real estate brokers has revoked the license of a Marblehead man who allegedly failed to turn over deposits to a seller and a buyer, as well as a commission owed to another broker, in real estate transactions he handled in 2010.



• Barry A. Rosenberg's license was revoked effective Oct. 8, the Board of Registration of Real Estate Brokers and Salespersons announced in a press release yesterday, after Rosenberg failed to respond to requests for information or documentation concerning the complaints.



• According to findings issued by the board, Rosenberg handled the sale of a property on Sayward Street in Gloucester, as well as two properties in Chelsea, during the summer and fall of 2010.



• The board found that in the first Chelsea transaction, Rosenberg sent the seller's attorney a check for $9,665 that later bounced.



• He then allegedly handled the sale of the Gloucester property but failed to pay a commission to another broker that was spelled out under the Multiple Listing Service agreement.



• In October 2010, he was given a deposit to put in escrow by the buyer of another Chelsea property, but when the seller backed out of the deal and took the property off the market, Rosenberg failed to return the $10,600 deposit to the potential buyer.

For more, see Marblehead real estate broker loses license.