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.
Wednesday, December 14, 2016
Sleazy Real Estate Agent Gets Off Easy After Ripping Off Nearly $250K From Dozens Of Financially Distressed Homeowners In Loan Modification Scam; Avoids Hard Prison Time, Gets One Year In County Jail, Five Years Probation, Restitution Order; No Solace For Victims
In Petaluma, California, KGO-TV Channel 7 reports:
It was judgment day for a Petaluma man at the center of an ongoing investigation launched three years ago in a mortgage fraud case.
A Sonoma County judge ordered Miguel Lopez to serve one year in jail and pay nearly $250,000 in restitution. Teary eyed victims sat in the courtroom watching it all go down.
Lopez walked down the court hall and was greeted by his public defender before today's proceedings. Earlier today, 16 of the more than 80 victims sat in the same hallway anxiously waiting for the hearing to begin. They accused Lopez of taking their money and promising to reduce their mortgage payment. Instead, they said he did little but take their money.
"We're deeper now than we ever were and we have no possibility of digging out," said Carol Saloman-Bryant, Petaluma.
Back in October, Lopez pled no contest to grand theft and embezzlement. Sixty-three other charges were dropped. Tears streamed down victims' faces and sniffles could be heard in the courtroom as three of the victims read statements. One woman accused Lopez of exploiting her "vulnerability" to string her and her husband along.
Dan Steele says the long ordeal caused him and others to lose faith in the system.
"He has no remorse. No regret. He has no sympathy for anybody," said Steele.
State prosecutor Caroline Chen asked the judge to increase the restitution from the previously agreed $100,000 to nearly $250,000. Judge Laforge agreed. He also sentenced Lopez to one year in jail and five years probation. Lopez was ordered to turn himself into jail on January 12.
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Most victims are likely to receive $1,995 in restitution, the fee Lopez charged. Some will receive much more if they were able to prove additional losses beyond just the fee.
The defense plans to appeal [the] restitution order and will also request that Lopez be granted alternative sentencing or house arrest. [The] sentencing doubles the number of victims eligible for restitution from 40 to about 80.
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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