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, May 28, 2015
Bay State Foreclosure Rescue Racket Ordered To Pay $1.9M+ In Victim Restitution, Penalties, Legal Fees For Ripping Off Financially Strapped Homeowners; Bogus Loan Mod Promises, Defective Bankruptcy-Related Services, Practicing Law Without License Among Bad Acts
From the Office of the Massachusetts Attorney General:
A Lawrence financial and legal services company and its owner have been ordered by a judge to pay more than $1.9 million for preying upon vulnerable consumers during the foreclosure crisis and engaging in the unauthorized practice of law, Attorney General Maura Healey announced today.
Pinnacle Financial Consulting, LLC and its owner, Robert Burton, have also been permanently prohibited from marketing, soliciting, or receiving fees in relation to providing loan modification, bankruptcy petition preparation, legal document preparation, and financial advising services.
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According to the lawsuit, filed in Suffolk Superior Court in March 2013, the defendants misrepresented to consumers the services they could provide, exaggerated the benefits of their services, charged unlawful advance fees, practiced law without a license, often failed to take any action to provide the promised services after receiving payment, and refused to provide promised refunds upon request. The defendants targeted financially desperate consumers, particularly minority and non-native English speakers, and marketed themselves as low-cost alternatives to attorneys and traditional law firms.
According to the judgment, [...], the defendants obtained at least $1.2 million from more than 600 Massachusetts consumers who fell victim to the defendants' predatory scheme. In addition to defrauding their victims of desperately needed funds, the defendants caused victims to fall further behind in their mortgages, lose their homes to foreclosure, commence ill-advised bankruptcy proceedings and lose their retirement savings to fraudulent investment opportunities.
In November 2013, a judge ordered the defendants to pay more than $240,000 after persistently and willfully violating the terms of preliminary injunction orders obtained by the AG’s Office, including by continuing to solicit consumers and receive payments for loan modification, bankruptcy petition preparation, legal document preparation and investment services.
Under the terms of final judgment, Pinnacle and Burton are ordered to pay the Commonwealth $1.9 million, including $1.2 million in restitution for affected consumers and $665,000 in civil penalties. The defendants are also ordered to pay the Commonwealth more than $55,000 in attorneys' fees and costs.
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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