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.
Monday, July 29, 2013
Foreclosure Mill Law Firm Accused Of Running Inflated Fee Racket In Connection With Charges For Serving Legal Notices On Homeowners; Colorado AG: Firm Pocketed $5M+ In Profits
In Denver, Colorado, The Denver Post reports:
By charging up to six times the market rate for serving foreclosure notices on property owners, Colorado's second-largest foreclosure law firm generated millions of dollars in profits on the backs of homeowners and taxpayers, according to a state attorney-general lawsuit.
Attorney General John Suthers said his office is investigating whether Aronowitz & Mecklenburg in Denver "misrepresents its posting costs" when it bills homeowners for its foreclosure expenses — charges that hit $150 while the person who does the posting is paid $7 plus mileage, according to the lawsuit filed last week in Denver District Court.
"The subpoena is necessary to aid the investigation of possible deceptive conduct" under the state's consumer-protection act, Suthers said in the lawsuit.
By owning Xceleron, the company that posts a pair of notices on a property advising homeowners of their rights during the foreclosure process — notices that are required by law — Aronowitz & Mecklenburg "has generated millions of dollars personally to the three partners (of the firm) by charging a posting fee five to six times the market rate," Suthers' office said in the lawsuit.
When compared with its actual cost, the mark-up is even higher, Suthers' office said in the lawsuit.
Investigators with the attorney general's office estimate the profits top $5 million, according to a court affidavit.
Attorneys at the law firm did not respond to requests for comment.
The lawsuit seeks to force the law firm to comply with investigative subpoenas that Suthers' office issued in April for detailed documents explaining the charges. The law firm — headed by Robert Aronowitz; his daughter, Stacey Aronowitz; and his son-in-law, Joel Mecklenburg — provided some documents, Suthers said, but has withheld many more, citing attorney-client privilege.
"The law firm should not be able to charge such costs to the public but then refuse to provide the authority to charge those costs," the attorney general's office said in its court filing.
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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