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, December 05, 2016
Consumer Feds Tag Nationwide Real Estate Investor w/ Lawsuit Demanding Documents In Furtherance Of Probe Into Use Of Contract For Deed / Land Contract Arrangements To Unload Dilapidated, Money-Pit Foreclosed Homes Onto Naive Homebuyers
The New York Times reports:
A powerful federal consumer agency that could be muzzled under President-elect Donald J. Trump is showing no inclination of backing down yet.
The Consumer Financial Protection Bureau filed a lawsuit [last] Tuesday in federal court in Michigan to require an investment firm that is a major player in the market for high-interest installment contracts for buying homes — called contracts for deed — to comply with an earlier demand for documents.
The agency, which some Republicans in Congress have talked about reining in since Mr. Trump’s victory, filed the suit after the investment firm, Harbour Portfolio Advisors of Dallas, refused a request for documents as part of a civil investigation.
In early November, the bureau confirmed it was investigating Harbour Portfolio after it made a public an order in which it rejected the investment firm’s formal objection to the agency’s document request, known as a civil investigative demand.
Early this year, The New York Times, in a front-page article, wrote about Harbour Portfolio and potential abuses in the contract for deed market.
Harbour Portfolio bought more than 6,700 single-family homes after the financial crisis of 2008, most of them from Fannie Mae, a government-controlled mortgage finance firm, in bulk sales. Harbour paid $10,000 or less for most of the homes, which were foreclosed on during the financial crisis, and has sold them “as is” to consumers through long-term, high-interest installment contracts.
The consumer bureau, according to the lawsuit, is trying to determine whether Harbour Portfolio’s business practices violated the Truth in Lending Act and other federal laws the agency is empowered to enforce.
The documents in the suit detail the timeline of the investigation, which began in May, a few months after the article appeared in The Times.
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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