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.
Tuesday, October 20, 2015
Another Crackpot Mortgage Elimination Racket w/ Sovereign Citizen Ties That Fleeced Nearly Two Dozen Homeowners Draws FBI Scrutiny; Operator Gets Hit w/ $200K In Penalties, $74K Restitution Order In Separate Bankruptcy Case
In Maui, Hawaii, Hawaii News Now reports:
The FBI is investigating a mortgage fraud scam that victimized nearly two dozen homeowners on Maui.
Hawaii News Now has also learned that a federal bankruptcy judge has ordered an Aiea man at the center of the case, Henry Malinay, to repay $74,000 in restitution along with a stiff fine.
"Because his conduct was considered so egregious, so outrageous, the bankruptcy court awarded the state $200,000 in penalties," said Stephen Levins, executive director of the state Office of Consumer Protection.
Many of the victims were Filipino-American homeowners, who alleged that Malinay and others promised to cut their mortgage payments in half.
Hilaria Taborada, of Lahaina, said she was first told not to make payments for five months. "After two months, (the banks) sent their letter that they're going to foreclose on my house. And I don't want to lose my house," she said. "I had to borrow money from my mom."
Malinay's attorney said he's not the ringleader. "He was clearly a victim in this case. He was drawn in by a couple of sharp businessmen," lawyer Peter Hsieh said. "The real culprits are still out there. The main guy made him a patsy."
Hsieh is referring to Anthony Williams, who heads an entity known as Mortgage Enterprises.
Williams is a member of the sovereign citizens movement on the Mainland and calls himself a private attorney general for the Common Law Office of America.
According to the state, he and Malinay told homeowners that they the could reduce mortgage payments by attaching what's known as Uniform Commercial Code statement to their mortgages in the state's Bureau of Conveyances.
"Filing these UCC statements are just frankly nonsense. It's not going to stop the foreclosure," Levins said.
More details on the FBI investigation weren't immediately available.
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)
<< Home