Tuesday, August 30, 2016

Civil Rights Feds Hit Alleged Loan Modification Racket With Fair Housing/ECOA Lawsuit; Says Outfit Specifically Targeted Hispanic Homeowners When Peddling Unnecessary, Ineffective Forensic Loan Audits, Foreclosure Assistance

From the U.S. Department of Justice (Washington, D.C.):
  • The Justice Department [] filed a lawsuit alleging that several mortgage loan modification service providers violated the federal Fair Housing Act and Equal Credit Opportunity Act by intentionally discriminating against Hispanic homeowners by targeting them for predatory mortgage loan modification services and interfering with their ability to receive financial assistance to maintain their homes.

    The defendants named in the lawsuit are The Home Loan Auditors LLC, Century Law Center LLC, SOE Assistance Center Inc., Spieker Law Office and the principals of these entities: Omar Alcaraz, Araceli Castro, Oralia Gutierrez, Hortencia Leon, Raul Luna, Elena Ramirez and David Spieker.

    The complaint, which was filed [] in the U.S. District Court for the Northern District of California, alleges that the defendants engaged in a pattern or practice of marketing to and encouraging Hispanic homeowners to pay approximately $5,000 for unnecessary and ineffective loan audits. The defendants told the homeowners that audits were essential for a loan modification, but in fact the audits had no impact on the loan modification process and provided no financial benefit.

    As part of their advertised loan modification service, the defendants encouraged their clients to stop making mortgage payments and instructed them to cease contact with their lenders. This conduct resulted in many homeowners defaulting on their mortgage payments and ultimately losing their homes.

    This lawsuit arose as a result of complaints filed with the U.S. Department of Housing and Urban Development (HUD) by two of the defendants’ former clients. The complainants elected to have the case heard in federal court and HUD referred the case to the Justice Department.

    “Intentionally targeting any community or person with predatory mortgage services because of their ethnicity or national origin violates federal law, harms working families and hurts our entire economy,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.
    ***
    Anyone with information on the loan modification services provided by The Home Loan Auditors LLC, Century Law Center LLC, SOE Assistance Center Inc. or Spieker Law Office should contact the Civil Rights Division’s Housing and Civil Enforcement Section at 1-800-896-7743 (press 1 to continue in English, and select option 5) or at THLALawsuit@usdoj.gov.