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, February 06, 2017
Sticky-Fingered Closing Agent Gets 18 Months Jail Time For Pocketing Loan Proceeds From Real Estate Transactions, Then Failing To Pay Off Existing Mortgages; Unwitting Homebuyers Were Forced To Hire Attorneys To Fight Foreclosure On Unpaid Liens To Keep Their Homes
From the Office of the Alabama Attorney General:
Attorney General Luther Strange announced that a Prattville woman pleaded guilty on October 31, 2016, to three counts of residential mortgage fraud and yesterday [February 2] was sentenced to serve time in jail. Lynda Branch, who formerly operated Professional Closing and Title LLC doing business in Prattville as Pro Close, was sentenced in Autauga County Circuit Court to 46 months, which was suspended for her to serve 18 months in jail and to be placed on probation for the remainder of her sentence.
Branch, acting as closing agent in home sales, was transferred funds by a mortgage lending bank to pay off existing mortgages, but did not pay off those mortgages. This subsequently resulted in the homeowners being held responsible for the outstanding mortgages, threatened with foreclosure, and having to engage in protracted litigation to avoid losing their homes.
“This defendant’s crimes caused tremendous anguish and difficulties for the homeowner victims,” said Attorney General Strange. “These consumers had acted with responsibility and met their obligations, but had to endure foreclosure notices and severe anxiety. They were forced to hire lawyers and fight to keep their homes. It is appropriate that the defendant now will serve time in jail for her wrongdoing.”
Attorney General Strange commended Assistant Attorney General Stephanie Billingslea of his Criminal Trials Division and Special Agents of his Investigations Division. He also thanked the Prattville Police Department for its assistance.
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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