Saturday, December 11, 2010

Criminal Prosecutions Of Sale Leaseback Peddlers In Equity Stripping Foreclosure Rescue Deals

This post is an attempt to organize the links for some of the posts appearing on this blog on criminal prosecutions of alleged sale leaseback, equity stripping scams by the various law enforcement authorities throughout the country, which I expect to update occasionally, as time permits.
  1. California (Los Angeles County DA): Convicted Foreclosure Rescue Scammer Could Face Life Sentence On New Charges In Alleged Sale Leaseback, Equity Stripping Ripoff That Fleeced 5 Victims,
  2. California (San Diego County DA): Foreclosure Rescue Scam Mastermind Found Guilty Of Dozens Of Felonies; Ran Upfront Fee Land Grant Scheme, Sale Leaseback Rent Skimming Racket,
  3. California (San Diego County DA): Judge Hammers Mastermind In San Diego-Area Foreclosure Rescue Racket That Ran Land Grant & Sale Leaseback Scams On 400-500 Victims w/ 46 Years In Pen,
  4. California (Sacramento County County DA): Victim Of Sale Leaseback Foreclosure Rescue Scam Still Waiting For Installment Restitution Payments As County Falls Short In Enforcing Court Order,
  5. California (U.S. Attorney - Central District): Co-Ringleaders In S. California Sale Leaseback Racket Get 15, 10 Years For $12M+ Equity Stripping Ripoff Of Homeowners Seeking Foreclosure Rescue,
  6. California (U.S. Attorney - Central District): Foreclosure Rescue Sale Leaseback Racket That Drained Equity From Unwitting Victims' Homes Among Scams California Man Pleads Guilty To,
  7. California (U.S. Attorney - Central District): 100+ Victims Of Sale Leaseback Foreclosure Rescue Operators Get Stiffed; Scammers Left Such A Convoluted Mess That Judge Unable To Order Restitution,
  8. California (U.S Attorney - Eastern District): F'closure Rescue Hit Parade Continues As Sacramento Feds Slam Four; Charges Describe Sale Leaseback Peddling, Equity Stripping, Rent Skimming Racket,
  9. California (U.S Attorney - Eastern District): Feds "Operation Homewrecker" Bust Of Nationwide Alleged Sale Leaseback Scam,
  10. Delaware (state AG's office): Delaware AG Levels 21-Count Indictment Against Alleged Foreclosure Rescue Racket Using "Divine" Cover In Sale Leaseback, Equity Stripping Ripoff,
  11. Florida (state AG's office/Orange County DA): Central Florida Sale Leaseback Peddler Linked To 50 Ripoff Deals Gets 10 Years On Racketeering Charge; Targeted Cash-Strapped, High-Equity Homeowners,
  12. Florida (state AG's office/Orange County DA): 85-Year Old Victim Of Convicted Sale Leaseback, Equity Stripping Peddler Temporarily Dodges The Boot As Judge Grants '11th Hour' Stay Of Eviction,
  13. Hawaii (U.S. Attorney): Foreclosure Rescue Operator Gets Six Years In Sale Leaseback Scams That Ripped Off $880K From Lenders, Financially Strapped Homeowners,
  14. Hawaii (U.S. Attorney): Hawaii Feds Win Conviction Of Man Who Used Straw Buyers In Sale Leaseback Foreclosure Rescue Ripoffs; Pocketed $430K+ In Two Equity Stripping Scams,
  15. Hawaii (U.S. Attorney): Loan Officer Gets Five Months In Sale Leaseback, Foreclosure Rescue Scam; Equity Stripping Victim Hopes To Recover Title To Home,
  16. Hawaii (U.S. Attorney): FBI Manhunt For Hawaiian Sale Leaseback Peddlers Continues; Couple Who Copped Pleas To Ripping Off Homeowners Failed To Show Up For Sentencing,
  17. Illinois (U.S. Attorney - Northern District): Chicago Federal Jury Slams Ex-Attorney With Guilty Verdict In Sale Leaseback, Equity Stripping Foreclosure Rescue Ripoff,
  18. Illinois (Chisago County DA): Foreclosure Rescue Operator Accused Of Misappropriating $25K+ From Escrow Account Set Up In Connection With Sale Leaseback Of Home,
  19. Maryland (U.S. Attorney): Maryland Man Cops Plea In Sale Leaseback, Equity Stripping Ripoff That Targeted High-Equity Homeowners With Unaffordable House Payments,
  20. Maryland (U.S. Attorney): MD Feds Obtain Guilty Plea From Loan Officer Who Screwed Homeowners By Stripping & Pocketing Their Home Equity In Sale Leaseback F'closure Rescue Scam,
  21. Maryland (U.S. Attorney): Maryland Feds Continue "Money Store" Sale Leaseback, Equity Stripping, F'closure Rescue Racket Prosecution; Nail Loan Officer With 11-Count Indictment,
  22. Maryland (U.S. Attorney): MD Feds Wrap Up Metropolitan Money Store Sale Leaseback, Equity Stripping Foreclosure Rescue Criminal Prosecution As Final Defendant Cops Guilty Plea,
  23. Massachusetts (state AG's office): Alleged Mastermind In Sale Leaseback F'closure Rescue Scam Arraigned On 25 Counts; Investors Left Holding Bag As Homeowners Got Boot, Say Prosecutors,
  24. Massachusetts (state AG's office): Massachusetts Foreclosure Rescue Operator Gets 2-2.5 Years As Mastermind In Fraud Scam; Sale Leaseback Deals Among Ripoffs Run On Desperate Homeowners,
  25. Massachusetts (U.S. Attorney): Boston Feds Pinch Mortgage Broker In Fraudulent Sale Leaseback Foreclosure Rescue Scam; Suspect Stripped Home Equity, Leaving Owner With More Debt,
  26. Minnesota (U.S. Attorney): Minnesota Man Accused Of Sale Leaseback, Foreclosure Rescue Ripoffs Cops Plea To Money Laundering, Tax Dodging Charges; 50+ Victims Clipped For $2.46M,
  27. Minnesota (U.S. Attorney): Foreclosure Rescue Operator Gets 7+ Years For Tax Evasion, Money Laundering In Connection With Equity Stripping, Sale Leaseback Peddling Racket,
  28. Minnesota (U.S. Attorney): Federal Judge Clobbers Sobbing Sale Leaseback Peddler With 270 Months For Victimizing 17 Minn. Homeowners In Equity Stripping, F'closure Rescue Ripoff,
  29. Missouri (U.S. Attorney - Eastern District): St. Louis Feds Squeeze Guilty Plea From Alleged Rent Skimming, Sale Leaseback, Foreclosure Rescue Peddler Accused Of Causing $439K In Losses,
  30. New Jersey (U.S. Attorney): Newark Feds Charge Trio In Alleged Sale Leaseback, Equity Stripping Foreclosure Rescue Ripoff,
  31. New Jersey (U.S. Attorney): NJ Feds Squeeze Guilty Plea From Brooklyn-Based Foreclosure Rescue Operator; Admits To Role In Peddling Sale Leaseback, Equity Stripping Scams,
  32. New Jersey (U.S. Attorney): Newark Feds Obtain Indictment Of Previously-Charged Brooklyn Man Peddling Sale Leaseback, Equity Stripping Foreclosure Rescue Scams,
  33. New Jersey (U.S. Attorney): Veteran Fraudster Gets 97 Months For Running Realty Scams; Bogus Sale Leaseback Foreclosure Rescue Deals Among Rackets Resulting In $1M+ In Losses,
  34. New York (state AG's office): Five Face Criminal Charges For Roles In Now-Defunct Upstate NY Sale Leaseback, Equity Stripping Foreclosure Rescue Peddling Operation,
  35. New York (state AG's office): NY AG Squeezes Guilty Pleas From 4 For Roles In Alleged Sale Leaseback, Equity Stripping Foreclosure Rescue Racket; 1 Awaits Trial On 23 Felony Counts,
  36. New York (Westchester County DA): NY Couple Gets 2 To 6 Years For Roles In Equity Stripping, Sale Leaseback Scam; Homeowners Who Sought Foreclosure Rescue Have Civil Suits Pending,
  37. New York (Westchester County DA): Westchester County Sale Leaseback, Equity Stripping Foreclosure Rescue Ripoff Leads To Six Convictions, One Acquittal; One Mistrial,
  38. New York (Rockland County DA): Rockland County DA Charges Duo In Equity Stripping Foreclosure Rescue Scam; Allegedly Duped Struggling Homeowner Into Bogus Sale Leaseback Ripoff,
  39. New York (Queens County DA): Queens DA Bags Seventeen Suspects In Alleged Sale Leaseback, Equity Stripping Foreclosure Rescue Racket,
  40. New York (U.S. Attorney - Southern District): Paralegal Gets Three Years For Role In Sale Leaseback Foreclosure Rescue Ripoff Targeting Financially Distressed Homeowners In Brooklyn, The Bronx,
  41. Pennsylvania: (U.S. Attorney - Eastern District): Philly Feds Continue Attack On Equity Stripping Sale Leaseback Peddlers; Indict 4, File Civil Suit In Alleged Racket Involving 120 Properties,
  42. Pennsylvania: (U.S. Attorney - Eastern District): Philly Feds: F'clsure Rescue Operator In Sale Leaseback, Rent Skimming Scam Stalled Lenders w/ Bogus Bankrptcy Filings, Stiffed IRS On Illegal Profits,
  43. Pennsylvania (U.S. Attorney - Eastern District): Pennsylvania Attorney First To Cop Plea In Alleged Sale Leaseback, Equity Stripping Ripoff Targeting Homeowners Seeking Foreclosure Rescue,
  44. Utah (state AG's office): Sale Leaseback Peddler Aquitted Of Charges Accusing Him Of Tricking Couple Facing Foreclosure Into Signing Over Deed To Home,
  45. Virginia (U.S. Attorney - Eastern District): Norfolk Feds Score Guilty Plea From Foreclosure Rescue Operator Involving Sale Leaseback Equity Stripping Ripoffs.

posted by Home Equity Theft Reporter at 4:15 AM

Thursday, October 21, 2010

Colorado AG: Sale Leaseback Peddler Stripped $1M+ In Equity By Targeting Financially Unsophisticated, Vulnerable Homeowners In F'closure Rescue Racket

Courthouse News Service reports:
  • Jason L. Lynn, now of Marion, Ohio,(1) and his company, Superior Financial Group, of Superior, Colo., defrauded people through "unlawful foreclosure consulting services," the Colorado attorney general claims in Denver County Court.(2) The state filed a similar complaint against Patrick Brunner, Jerry Ohu, Gregory Hoffman, William Schultz, Fortune Financial Group, and Platinum Financial Group, in the same court.(3)

Source: Foreclosure Scams (5th story from top).

For the lawsuit, see State of Colorado v. Lynn, et ano.

(1) According to the lawsuit, Lynn was a resident of Colorado until in or around September 2009, at which point it appears that he decided to skip town. The AG has tracked him down residing, upon information and belief, at 975 Champagne Drive, Marion, Ohio 43302, the suit states.

(2) According to the lawsuit, the Colorado AG seeks to permanently enjoin Defendants, including Jason L. Lynn, individually, from engaging in deceptive trade practices, to obtain civil penalties and restitution, to disgorge unjust proceeds, and to recover attorney fees and costs. The suit alleges violations of the Colorado Consumer Protection Act, C.R.S. §§ 6-1-10 1 6-1-1120, and further alleges that Lynn is a "foreclosure consultant" within the meaning ofthe Colorado Foreclosure Protection Act, C.R.S. §§ 6-1-1101 to 6-1-1120.

The following excerpt from the Colorado AG's lawsuit (paragraphs 23-31) sets forth the general allegations made against Lynn (bold text is my emphasis, not in the original text):

  • 23. Beginning in 2005 and continuing through 2007, Jason Lynn, acting through his company Superior Financial Group, LLC, targeted financially unsophisticated and vulnerable Colorado homeowners in foreclosure and obtained more than $1,000,000 of equity through unlawful foreclosure consulting services involving sale-leaseback schemes. Lynn executed this scheme through the use of disparate bargaining power and inadequate disclosures. Homeowners not only lost all their equity to Lynn but in some cases their homes to eviction.

    24. Lynn promised victims that they could save their homes from foreclosure by selling them to Lynn's investors and then leasing the home from the investor for two years with an option to repurchase it. Upon information and belief, nearly all the homeowners were unable to repurchase the home, in part because significant amounts of equity were stripped from the home for Lynn's personal use and to compensate his investors, and the repurchase price was therefore unreasonable.

    25. Rather than provide meaningful assistance to homeowners, Lynn obtained substantial equity from the homeowners at closing without disclosing the amount and purpose of the sales proceed assignment to Lynn.

    26. Through advertisements on television and in newspapers and through referrals, Lynn targeted financially unsophisticated and vulnerable homeowners who had significant equity in their homes as a result of lengthy ownership, but nevertheless faced foreclosure because of economic hardship or personal tragedy.

    27. Lynn induced these homeowners to sell their homes to avoid a foreclosure sale, stay in their longtime homes, and have a opportunity to resume ownership. Some of the homeowners had spent many years, and some decades, in their homes and wanted to remain and once again repurchase their homes--and where thus susceptible to Lynn's deception and predatory conduct.

    28. After determining the amount of equity that could be obtained based on the existing mortgage and the estimated value, Lynn approached homeowners with a sale contract and a lease agreement containing an option to repurchase the property. Homeowners were not allowed to negotiate the sale price of their home or the repurchase price. Rather, Lynn misled the homeowners to believe that working with Superior Financial Group, LLC was the best way to save their home. Through deceptive, false, and misleading conduct, Lynn induced the victims to sign the sale contract and lease agreement.

    29. Lynn promised the victims that once they sell the home, they would remain in the home as a tenant with the option to repurchase the home when their credit or financial condition improved. Lynn informed the victims that he would use the equity from the sale, which was transferred at closing to Superior Financial Group, LLC through a proceed assignment, to assist the homeowners with rent payments and repairs. At no time, however, did Lynn disclose the actual purpose or amount of the proceed assignment. Moreover, he did not disclose that he himself would use the homeowner's equity for his personal use.

    30. At the closing, the homeowner victims would assign, without warning or disclosure, all the equity in their home through a proceed assignment to Superior Financial Group, LLC, which was presented to them for the first time at the closing.

    31. Lynn obtained equity from the victims up to $106,994 per transaction. The victims not only lost substantial equity in their homes as a result of this scheme, but many also lost the homes when they were evicted or forced to leave when the investor allowed the home to go into foreclosure.

-------------------------

This type of foreclosure rescue scam is the kind of title transfer where the deed conveying title that has been successfully attacked in Colorado through application of the state consumer protection statute, and has led to an award of triple damages on behalf of the victimized homeowner. See Appeals Court Reverses $3M+ Jury Award To Equity Stripping Victims; Homeowners Forced To "Settle" For Triple Damages ($741K) Under State Consumer Fraud Act.

A successful attack on a sale leaseback scam perpetrated on a homeowner could also conceivably result in the voiding of the mortgage loan that financed the equity stripping scam upon a finding that the lender is not entitled to the protection of the state recording statutes as a bona fide purchaser due to its failure to inquire of the occupants of the property that were in open possession thereof into any unrecorded rights and/or equities they may have.

See, for example, Martinez v. Affordable Hous. Network, Inc., 123 P.3d 1201; 2005 Colo. LEXIS 1075 (Colo. 2005), in which the Colorado Supreme Court applied the bona fide purchaser doctrine in a sale leaseback, foreclosure rescue scam:

  • It is well settled in Colorado that, with certain exceptions inapplicable here, possession of real estate is sufficient to put an interested person on inquiry notice of any legal or equitable claim the person or persons in open, notorious, and exclusive possession of the property may have. See Hitchens v. Milner Land, Coal & Townsite Co., 65 Colo. 597, 601, 178 P. 575, 576 (1919);  Colburn v. Gilcrest, 60 Colo. 92, 94, 151 P. 909, 910 (1915);  Yates v. Hurd, 8 Colo. 343, 344, 8 P. 575, 576 (1885);  Tiger v. Anderson, 976 P.2d 308, 310 (Colo.App.1998).

Such a result was recently achieved in a recent Minnesota case applying the applicable state consumer protection statute involving a similar fact pattern. See Minn. Sale Leaseback, Equity Stripping Victim Wins Back Free & Clear Home With Help From Non-Profit Law Firm As Judge Voids Sale & Subsequent Mortgage.

(3) Attorneys General in Massachusetts, Arizona, Maryland and Washington State have enjoyed recent success in bringing civil lawsuits prosecuting sale leaseback foreclosure rescue peddlers by invoking their respective state consumer protection statutes, See:

The New Jersey Attorney General's Office has also brought civil lawsuits in sale leaseback cases which are currently pending:

The Feds, state and local law enforcement authorities have all brought criminal prosecutions in equity stripping, sale leaseback cases cases involving the use of third party investor/straw buyers in the process of pocketing the equity out of a victim's home. See, for example, the following posts for the year 2010:

It goes without saying that if there was any fraud committed by Jason Lynn in obtaining the mortgages for his straw buyer investors in his Colorado civil case, he makes for a nice juicy target for a criminal prosecution by the Colorado Feds.

posted by Home Equity Theft Reporter at 4:00 AM

Saturday, March 21, 2009

Foreclosure Rescue - Criminal Indictments

In an attempt at doing a little housekeeping, I have placed links to the following indictments involving alleged foreclosure rescue scams on this post. I need them all in one place for future reference, and as I find more, they will end up on this page.

For those of you working in prosecutors' offices and law enforcement, feel free to use these indictments as templates when making your own cases.

For those homeowners who feel like they have been screwed over in an equity stripping or loan modification foreclosure rescue deal, and are told by law enforcement that there's nothing they can do because the situation is a civil, and not criminal, case, feel free to give the prosecutor or law enforcement investigator these indictments and ask them to explain what the difference is between your case and the cases descibed in these indictments.

Equity stripping, sale leaseback foreclosure rescue Federal indictments:

*******************

Upfront fee loan modification foreclosure rescue Federal indictments:

******************

Equity stripping foreclosure rescue State felony complaints and indictments:

*****************

Upfront fee loan modification foreclosure rescue State felony complaints and indictments:

For other posts on criminal prosecutions of deed and mortgage scams generally, see:

posted by Home Equity Theft Reporter at 4:01 AM

Monday, July 23, 2007

Hawaii Homeowner Suing To Get Back Home Lost In Foreclosure Rescue Deal; Reportedly Out $160K In Home Equity

(original post - 7-21-07)

KITV Channel 4 in Honolulu reports:

  • "An Ewa Beach family is the victim of a spreading scam involving foreclosure rescue fraud, according to attorneys with the Legal Aid Society of Hawaii. As more people struggle with rising mortgage payments, attorneys for Legal Aid Society of Hawaii said there are groups promising hope that are actually out to steal homes."
When the homeowner fell behind on the mortgage payments, she reportedly turned to a company called USA Mortgage. What the homeowners thought was a refinance was a below-market sale, with a contemporaneous leaseback of the home requiring rent of hundreds of dollars higher than the old mortgage, and she paid thousands to people associated with Mortgage Alliance, according to the article. For more, see Legal Aid Says Ewa Beach Family Scammed By Mortgage Company (Mortgage Company's Attorney Says Client Did Nothing Wrong).

Go here for other posts on Hawaii foreclosure rescue.


Editorial Note:
Even if there is no fraud, deception, overreaching, etc. committed by the foreclosure rescue operator in this case, the transaction described in the story still smells like an equitable mortgage. If, in fact, a transaction like the one described in the story is treated by a court as an equitable mortgage, the foreclosure rescue operator would only be entitled to a repayment of any amounts advanced, plus interest (subject to any applicable usury statutes), and the homeowner would be entitled to get back the title to the home, subject to the equitable mortgage.

The Hawaii Supreme Court decided the applicability of the equitable mortgage doctrine in the state (or at least I thought they did) over forty years ago (see Kawauchi v. Tabata, 49 Haw. 160, 413 P.2d 221 (1966)).

(In that case, a sale-leaseback arrangement involving a property owner facing foreclosure, where the property selling price was found to be inadequate relative to its true value, and where the financially strapped property owner retained possession of the realty after the transaction, was held to be a secured loan subject to the usury statutes, and not a sale. In so holding, the Hawaii high court observed, "Were we to hold otherwise our usury statute would be emasculated.") equitable mortgage yak

posted by Home Equity Theft Reporter at 12:02 AM

Thursday, April 24, 2008

Hawaii Homeowner Fighting Back To Keep Home Unwittingly Signed Away In Foreclosure Rescue Deal

In Ewa Beach, Hawaii, the Star Bulletin reports on a local homeowner's experience with being allegedly ripped off of over $160,000 in a foreclosure rescue sale leaseback arrangement that she said was described to her as a refinance. According to the story, she and her husband signed the papers presented to her by the operator because they trusted her and she seemed very nice. The story also reports on her experience trying to find a lawyer to help her family:
  • The lawyers [the homeowner] called wanted "a couple of thousand dollars upfront" -- money she did not have. A nonprofit group she approached was overwhelmed with cases and could not help for a month. Her last call was to the Legal Aid Society [of Hawaii], which provides legal services to the needy. "I was so happy when they said they would help me," she said.

  • The society has twice managed to stave off eviction. It is representing [the homeowner] and her relatives in a Circuit Court suit to reclaim title to their home, alleging deception, misrepresentation, fraud, conspiracy, negligence, unauthorized practice as a mortgage broker and violations of notary public law. "When somebody steals your wallet, you can get arrested and charged for theft," [executive director of the Legal Aid Society of Hawaii Chuck] Greenfield said. "When somebody steals your house, it's not a criminal act. In Hawaii you have to locate an attorney and pursue your case in civil court."

For more, see Family needs legal help to save home.

For more on foreclosure rescue scams, generally, see DREAMS FORECLOSED: The Rampant Theft of Americans' Homes Through Equity-stripping Foreclosure 'Rescue' Scams.

posted by Home Equity Theft Reporter at 7:48 AM

Monday, April 23, 2007

Foreclosure Rescue, Sale Leasebacks, Usury, & Substance Over Form

I came across a court case decided (in 1988) by the Court of Appeals for the District of Columbia (D.C.'s high court) that involved the prosecution and conviction of two foreclosure rescue operators for violating a D.C. law then in effect known as the Loan Sharking Act. This law (D.C. Code Ann. § 26-701 (1981)) provided in pertinent part that it was unlawful and illegal to engage in the District of Columbia in the business of loaning money upon which a rate of interest greater than 6 per centum per annum is charged on any security of any kind, direct or collateral, tangible or intangible, without procuring a license.

The principal question in this case was whether the two foreclosure rescue operators (husband and wife), according to the court, "[w]ere actually engaged in the criminal enterprise of making loans in a disguised form at legally impermissible rates and without a license."

The transactions for which the foreclosure rescue operators were prosecuted and convicted were the typical, "sale-leaseback-repurchase option" foreclosure rescue deals. While the transactions (which took place in 1981 and 1982) took the form of actual purchases of people's homes with a contemporaneous leasing back of the premises to the homeowner with an accompanying buyback option, the D.C. trial court disregarded the form of the transactions and, instead, looked to the substance of the transactions and treated the deals as disguised loans, and then applied the then-existing D.C. statute accordingly. The D.C. Court of Appeals subsequently affirmed the convictions.

While the foreclosure rescue operators insisted at their criminal trial that they were not in the business of lending money, the D.C. Court of Appeals listed a number of factors that, in their view, supported the trial judge's determination that the transactions were nothing more than disguised loans. The court's observations follow (bold text is my emphasis):
  • "Each of the homeowners was drawn to the [operators] by advertising which promised the availability of "money to lend" to stop imminent foreclosure"

  • "When the homeowners asked for the loans which they believed that the advertisements were describing, and then posed questions about the form of the transactions, the [operators] couched their answers to these questions in language which confirmed to the [homeowners] that they were receiving the very loans for which they had come"

  • "The [operators] often simply calmed the inquiring homeowners' fears by pretending that it was usual practice, perhaps required by the accountant, to sign instruments transferring title to the homes."

The D.C. Court of Appeals then went on to make these additional observations:

  • "Moreover, if the transactions were in fact sales, as [the operators] contend, they were surely most extraordinary ones. When a homeowner sells his home, which is usually his most valuable possession, one would expect at least some measure of bargaining over the sales price. Here, there was none. In each instance, what the [operators] characterize as the "sales" price bore no relation whatever to the value of the equity. It is absurd to suggest that Mrs. Carroll would knowingly sell her home, in which she had an equity of more than $ 36,500.00, for $ 8,100.00. None of the "sellers" had placed his or her home on the market or expressed the slightest interest in selling it. Each "seller" remained in possession after the purported sale, and [the operators] were indeed depicting their service as one that would enable their clients to "save" their homes from foreclosure. Although the transaction also lacked one of the common characteristics of a loan -- an evaluation of the borrower's credit -- no such investigation was needed because the home itself, which in each case was worth far more than the amount expended by the [operators], served as their security. It was therefore altogether reasonable for the trial judge to find that the depiction of each of these transactions as a sale and lease back was a transparent sham which masked an unlawful loan."

The D.C. Court of Appeals opinion cites cases from a number of states (ie. New York, Oregon, Alaska, Hawaii, Washington State, Tennessee, and California), so if any of these states is your home state, there might be something of interest in this case for you.

In conclusion, the D.C. high court, quoting from a case decided by the New York Court of Appeals (New York's high court), made the following memorable quote (among others) about usury laws:

  • "The purpose of usury laws, from time immemorial, has been to protect desperately poor people from the consequences of their own desperation. Law-making authorities in almost all civilizations have recognized that the crush of financial burdens causes people to agree to almost any conditions of the lender and to consent to even the most improvident loans. Lenders, with the money, have all the leverage; borrowers, in dire need of money, have none."

For the text of the entire D.C. case, see:

Browner v. Dist. of Columbia, 549 A.2d 1107 (D.C. 1988).

For other posts on the issue of usury in the context of a sale leaseback, see:

.

posted by Home Equity Theft Reporter at 12:01 AM

Tuesday, November 06, 2007

Feds Investigating Nationwide Foreclosure Rescue Scam

A national foreclosure rescue scam has ensnared hundreds of victims in 27 states, including at least 17 homeowners in New Jersey, according to a story in the Asbury Park Press (Asbury Park, New Jersey). Among the New Jersey victims who unwittingly signed away title to their homes in purported sale leaseback arrangements are two mothers in Ocean County and a widow in Middlesex County. A disabled Vietnam veteran in Delaware also claims to be among the defrauded. According to the story:
  • An IRS search warrant obtained by the Press lists 256 affected properties stretching from Maine to Hawaii. The warrant identified 106 homeowners as victims and 99 third-party, or straw, buyers, who may have unwittingly propelled the fraud forward. Two dozen companies are also named, but it is unclear what their roles were in the investigation. An FBI spokesman and an IRS agent last week confirmed the investigation into the companies and people behind what had been touted as a way for small investors to save financially strapped homeowners.

  • "It is a large and significant case," FBI spokesman John Cauthen said. "We're investigating with the full force and weight of the FBI." Cauthen said no charges have been filed. Nonetheless, the FBI has sent letters to homeowners and investors to inform them they are victims.

  • Those letters identified Charles Head, operator of the now-defunct FundingForeclosure.com, as the focus of the investigation. Head could not be reached for comment. Private attorneys representing the victims said Head, believed to be from Florida, cannot be located.

Reportedly, the FBI letters have been helpful to some in that a couple of the victims have successfully used the letters to convince judges to postpone ongoing foreclosure proceedings. For more, see Victims of scam face losing homes.

For related stories on two of the New Jersey victims, see:

Go here for an earlier report from Hawaii on the Charles Head FBI investigation.

Go here for other posts on foreclosure rescue operator Charles Head.

For more on equity stripping scams, generally, see DREAMS FORECLOSED: The Rampant Theft of Americans' Homes Through Equity-stripping Foreclosure 'Rescue' Scams (4.61 MB approx.).

posted by Home Equity Theft Reporter at 7:54 AM

Monday, November 12, 2007

Charles Head Nationwide Foreclosure Rescue Scam Nicks Arizona

The Arizona Republic reports:
  • Seven Arizona properties are part of a "foreclosure rescue" mortgage scam that snared hundreds of victims in 27 states, according to an Internal Revenue Service warrant. An IRS search warrant obtained by the Asbury Park Press of New Jersey lists 256 affected properties stretching from Maine to Hawaii. The warrant identified 106 homeowners as victims, so luckily Arizona wasn't this scam's main focus. The FBI has sent letters to homeowners and investors about the scam. Those letters identify Charles Head, who ran FundingForeclosure.com, as the focus of the investigation.Three of the Valley properties named as part of the investigation are in Phoenix. Two of the homes are in Mesa. One is in Cave Creek, and the other is in Litchfield Park.

From: The Arizona Republic - Foreclosure Scam (2nd story from top).

Go here for other posts on foreclosure rescue operator Charles Head, Head Financial, Funding Foreclosure and related companies.

For more on equity stripping scams, generally,see DREAMS FORECLOSED: The Rampant Theft of Americans' Homes Through Equity-stripping Foreclosure 'Rescue' Scams (4.61 MB approx.).

posted by Home Equity Theft Reporter at 7:43 AM

Monday, February 15, 2010

Hawaii Feds Win Conviction Of Man Who Used Straw Buyers In Sale Leaseback Foreclosure Rescue Ripoffs; Pocketed $430K+ In Two Equity Stripping Scams

In Honolulu, Hawaii, the Star Bulletin reports:
  • A Nevada businessman was convicted Wednesday of 22 felony counts, for swindling banks and two struggling homeowners on Oahu out of their homes and loan proceeds. A federal jury convicted John Gilbert Mendoza, 58, on one count of conspiracy, 10 counts of mail and wire fraud, two counts of loan fraud, six counts of money laundering and three counts of failure to file a tax return,(1) the U.S. Attorney's Office announced [last] week. Five others have pleaded guilty in connection with the scheme and are awaiting sentencing.

  • U.S. Attorney Florence Nakakuni said the evidence showed Mendoza, president of a Nevada corporation with bank accounts in Hawaii, had befriended Hawaii homeowners facing foreclosure. He told them he had a plan to stop foreclosure proceedings that would allow them to keep their homes.

  • But instead, Mendoza organized the sale of the homes to third-party straw buyers, who took out loans in their names and used falsified information concerning income, who was going to live in the home and who would make monthly payments. After obtaining the loans, Mendoza deposited the proceeds totaling more than $431,000 into his own accounts. When the loans were defaulted on, the properties were foreclosed on and sold.

For the story, see Swindler is convicted of 22 felony counts.

For an earlier post announcing the indictments in this case, see Hawaii Feds Indict Five In Alleged Straw Buyer Foreclosure Rescue Scam.

(1) The conviction on the Federal tax charges should serve as a reminder that, if you can't bag the perpetrators of these scams with proof beyond a reasonable doubt on the substantive criminal charges, you can generally count on them to fail to file their tax returns and pay the income tax on the illegal profits thereon. Accordingly, you can nail them for that, the same way the Feds put alleged gangster Al Capone out of commission.

posted by Home Equity Theft Reporter at 4:06 AM

Thursday, August 11, 2011

St. Louis Feds Pinch Local Woman For Allegedly Running Loan Modification Foreclosure Rescue Ripoff Targeting Hawaiian Homeowners

In St. Louis, Missouri, KMOX NewsRadio 1120 AM reports:
  • The United States Attorney’s Office announced [] that Marien Brown allegedly falsely represented that she operated a “mortgage rescue” or “foreclosure rescue” service. According to the indictment, Marien Brown, a/k/a Marien White, owned and operated both 1st Financial Resource, LLC, (First Financial) and 1st Federal Resource, LLC, (First Federal). [...] She registered the business as 1939 Wentzville Parkway, Suite 178,Wentzville, Missouri, which is actually a UPS store which provides commercial mailbox services. She actually allegedly conducted the business from her residence on Ivy Brook Court in Wentzville.


  • The indictment alleges that she researched and identified groups of homeowners in the state of Hawaii that were one or more mortgage payments behind, or were in imminent risk of home foreclosure then targeted that group of vulnerable home owners, and sent out a large number of unsolicited mailings to prospective clients representing that she operated a “mortgage rescue” or foreclosure rescue” service.


  • More than eighty clients responded to her mailings and wired funds to First Financial and to First Federal. Marien Brown converted these funds to her own use. None of the client funds were ever sent to lenders.

For more, see Wentzville Woman Indicted For Credit Repair Scam.

posted by Home Equity Theft Reporter at 4:06 AM

Friday, August 15, 2008

New Law Protects Hawaii Homeowners From Foreclosure Rescue Scams

In Honolulu, Hawaii, Pacific Business News reports:
  • The Hawaii Bankers Association is reminding consumers that the Hawaii Mortgage Rescue Fraud Prevention Act, signed into law by Gov. Linda Lingle in June, protects them from people who prey on homeowners facing property foreclosures and liens. “Mortgage rescuers,” or distressed-property consultants, charge high fees, often do minimal work and employ deceptive tactics that sometimes force homeowners to deed their properties to the mortgage rescuer, according to the association. The new law requires consultants to provide homeowners with a written contract detailing their services. It also gives homeowners the right to cancel at any time before services are performed.

For more, see Hawaii homeowners are protected from fraudulent mortgage rescuers.

For the perspective of a Hawaii real estate agent, who believes the new law is written in a way that may impede real estate salespeople in the legitimate conduct of arranging short sales for homeowners pursuant to standard listing agreements, see Hawaii Reporter: Mortgage Rescue Fraud Prevention -The Unintended Consequences of Hawaii's New Act 137.

posted by Home Equity Theft Reporter at 5:00 AM

Wednesday, June 20, 2007

Hawaii Feds Investigate Alleged Foreclosure Rescue Scams

In Hawaii, a couple who are recent victims of a foreclosure rescue scam has reportedly been informed by the FBI that it is investigating 200 fraud cases against Head Financial Services and Charles Head, according to a story in the The Kauai Garden Island News. According to the story:
  • "[The couple] said they became victims of a mortgage solicitor who encouraged homeowners to convey their property to [Head Financial] with the promise that after one year, the couple could secure a lower-interest mortgage loan that would allow them to buy back their home. But instead of that happening, the house was conveyed to an employee of Head Financial who subsequently conveyed it to another person who became the owner, the Kaua‘i family alleges."

The victims allege that Twyus Peahu and Bunny Mattice- Clevenger were also involved and worked together to defraud them of their home.

A foreclosure sale of the home was cancelled due to questions about the ownership of the home, according to the couple's Big Island attorney, George Zweibel, a former Federal Trade Commission attorney who specializes in mortgage servicing and foreclosure rescue scams. Reportedly, he plans to file a lawsuit in state court soon against those connected with Head Financial. He, along with Honolulu attorneys Derek Kobayashi and Mihoko Ito, have recently filed a lawsuit on behalf of two other local homeowners claiming they were victimized in the same way.

For more, see Couple say they lost home to fraud.

Go here for other posts on Charles Head.

posted by Home Equity Theft Reporter at 8:58 AM

Tuesday, March 25, 2008

More On Sacramento Equity Stripping, Sale Leaseback, Foreclosure Rescue Bust

In Sacramento, California, The Sacramento Bee reports on the announcement of the indictment of foreclosure rescue operator Charles Head, his brother Jeremy Michael Head, and 17 others for allegedly screwing over homeowners facing foreclosure from Maine to Hawaii with "sale leaseback" home equity scams:

  • The case – the largest equity-skimming scam in the country – affected about a half-dozen Sacramento-area residents and came to an FBI agent's attention when a North Highlands victim reached an FBI economic crimes agent who was taking calls from the complaint line. "(The agent) called Head, and based on call the agent believed there was something to this," Assistant U.S. Attorney Ellen Endrizzi said.

***

  • The defendants reached out to people on the brink of foreclosure, offering them the chance to keep their homes and pay rent for them while repairing their credit. Those who agreed were presented with a hefty pile of paperwork that included blank spaces that were filled in later, giving a "straw buyer" title to their homes.

***

  • Kevin Carlin, a New Jersey attorney who has spoken with about 70 victims of Head's alleged fraud, said the scam targeted elderly and disabled people facing financial strain after job loss and illness. "I trust that some people will be leaping for joy today," Carlin said. "Even if they lost title to their house, Mr. Head may be required to pay for it with his liberty." Carlin said one of Head's former employees testified in a deposition that Head took an entire office full of workers to Hawaii. [... Ass't. U.S. Attorney Endrizzi] said Head faces about 30 civil lawsuits filed from Hawaii to New Jersey.

For more, see 19 indicted in massive mortgage fraud case (Indictments allege massive mortgage fraud targeting homeowners near foreclosure).

For others stories, see:

posted by Home Equity Theft Reporter at 8:32 AM

Thursday, November 08, 2007

Sacramento Feds' Nationwide Investigation Of Charles Head Foreclosure Rescue Scam Largest Current Case In Office

Earlier this week, reports from the Asbury Park Press (Asbury Park, NJ) stated that the FBI is currently investigating a nationwide foreclosure scam allegedly mastermined by Charles Head of FundingForeclosure (also of Head Financial) affecting 256 properties stretching from Maine to Hawaii. A report indicates that the case is currently being investigated by the FBI office in Sacramento, California and that it is the largest case currently under investigation by that office. The report also indicates that of the 256 properties listed in a warrant to search the offices of FCO Inc., Costa Mesa, Calif., which is believed to be part of owner Charles Head's financial operation, at least 69 properties are in California. Reports also indicate that Charles Head's whereabouts are currently unknown. For more, see:
For examples of Charles Head's online solicitations and personal profile, see:
For more on equity stripping scams, generally,see DREAMS FORECLOSED: The Rampant Theft of Americans' Homes Through Equity-stripping Foreclosure 'Rescue' Scams (4.61 MB approx.).

posted by Home Equity Theft Reporter at 7:25 AM

Wednesday, December 26, 2007

Phoenix-Area Head Foreclosure Rescue Operation Under Federal Scrutiny

(original post - 12-22-07)
In Phoenix, Arizona, we find investigative reporter Josh Bernstein, now with television station ABC 15, shining the spotlight on another apparently shady real estate operation. This time, the company in the spotlight is Mesa-based Financial Enterprises LLC, a foreclosure rescue operation involving Jeremy Michael Head and his business partners.

The focus of the report is an equity stripping transaction, under the guise of a home sale and leaseback, that one local homeowner facing foreclosure unwittingly entered into after turning to Financial Enterprises for help. The homeowner has since filed a lawsuit alleging fraud against the company, naming among others, Jeremy Michael Head, his brother Charles Head, mortgage broker Sonny Rock, and straw buyer Sarah Mattson, who ended up on the title to the victim's home, as defendants.

This operation is reportedly part of the nationwide operation that is currently under criminal investigation. An excerpt from the story:
  • According to documents obtained by the Investigators the FBI has raided several offices across the country, including the offices of Financial Enterprises LLC in Mesa, Arizona. The FBI has seized lavish sports cars, thousands of documents and a condominium in Miami as well. Sarah Mattson's attorney tells ABC15 "the United States Attorney and the FBI have told me there is no doubt my client is going to be indicted."

***

  • The Investigators have learned there are more than 350 victims nationwide, involving more than thirty five million dollars in fraud. The FBI's investigation involves homes from Hawaii to New Jersey. There are more than a dozen victims here in Phoenix and the surrounding area.

For more, including the link to watch the ABC 15 video report, see Valley teacher, former business partners tied to federal mortgage probe.

Go here to read more about the key players in this investigation.

Go here for other posts on the Head nationwide foreclosure rescue operation.

-----------------

Go here for earlier posts and links to media reports on a series of investigative reports by Josh Bernstein, then with KCRA 3 in Sacramento, that led to a break up of a local mortgage fraud ring and the Federal indictments of the ring operators.

posted by Home Equity Theft Reporter at 7:25 AM

Saturday, November 22, 2008

Some Hawaii Real Estate Agents Steer Clear From Homeowners With Delinquent Mortgages As New State Foreclosure Rescue Law Has Long Reach

In Honolulu, Hawaii, Pacific Business News reports:
  • Some [Hawaii] real estate agents are refusing to take listings from homeowners who are behind in their mortgage payments and trying to avoid foreclosure because of a state law that was intended to protect consumers from predatory mortgage lenders.

***

  • The law(1) was intended to protect homeowners facing foreclosure from predatory “rescuers” looking to take advantage of their situation. Some real estate agents could fall under the definition of a “distressed property consultant,” which requires them to abide by a separate set of rules outlined in the law.

For more, see Anti-mortgage fraud law jams up Realtors.

(1) The Hawaii Mortgage Rescue Fraud Prevention Act, which took effect July 1, 2008.

posted by Home Equity Theft Reporter at 4:00 AM

Friday, September 30, 2011

St. Louis Feds Squeeze Guilty Pleas From Alleged Loan Mod Scammer Accused In $265K+ Upfront Fee Ripoff Targeting 80+ Hawaiian Homeowners

In St. Louis, Missouri, stltoday.com reports:
  • A Wentzville woman pleaded guilty Tuesday to a scam that saw her target Hawaiians with promises of mortgage and foreclosure "rescue." Marien Brown, 41, also known as Marien White, owned 1st Financial Resource LLC and 1st Federal Resource LLC. The businesses were registered at a UPS store that provides commercial mailbox services.


  • Brown researched homeowners in Hawaii who were behind in mortgage payments or at risk of foreclosure, according to court documents. She sent out mailings promising "mortgage rescue" and "foreclosure rescue" services.


  • More than 80 clients sent money to Brown, believing the funds would be used as part of mortgage rate renegotiations on their behalf, but the money was not forwarded to lenders. Instead she used the money for herself.


  • Clients called her but couldn't reach her unless they said they wanted to send more funds, according to authorities. They called lenders but found out that they had not heard of Brown or her companies.


  • Authorities say Brown is responsible for more than $265,000 in losses, but as part of her plea she will be responsible for any additional losses discovered and restitution for those losses.


  • Brown pleaded guilty to three felony counts of mail fraud before U.S. District Judge Rodney W. Sippel. She could be sentenced to up to 20 years in prison and $250,000 in fines on each. Sentencing is set for Dec. 22.

Source: Wentzville woman pleads guilty in 'mortgage rescue' scam.

posted by Home Equity Theft Reporter at 4:02 AM

Monday, May 21, 2012

Scammer Gets 18 Months For Running Loan Modification Ripoff That Fleeced 80+ Homeowners Out Of $250K

From the Office of the U.S. Attorney (St. Louis, Missouri):
  • Marien Brown was sentenced to 18 months in prison, and ordered to pay approximately $250,000 restitution for falsely representing that she operated a “mortgage rescue” or “foreclosure rescue” service.

  • According to court documents, Brown, 42, Wentzville, Mo., also known as Marien White, owned and operated 1st Financial Resource, LLC, (First Financial) from September 2008 until March 2009, at which time the business became known as 1st Federal Resource, LLC (First Federal).
***
  • Brown researched and identified groups of vulnerable homeowners in Hawaii that were one or more mortgage payments behind, or were in imminent risk of home foreclosure, and sent out a large number of unsolicited mailings to prospective clients claiming that she operated a “mortgage rescue” or foreclosure rescue” service.

  • More than eighty clients responded to her mailings and wired funds to First Federal. Brown converted these funds to her own use. None of the client funds were ever sent to lenders. [...] Her scheme resulted in losses of approximately $250,000.

posted by Home Equity Theft Reporter at 4:04 AM

Thursday, July 08, 2010

Federal Judge Issues Arrest Warrants For Foreclosure Rescue Scammers For Failing To Appear At Sentencing In Sale Leaseback, Equity Stripping Ripoff

In Honolulu, Hawaii, the Honolulu Star Advertiser reports:
  • A U.S. district judge issued two arrest warrants yesterday for an Oahu couple convicted of mortgage fraud after they did not show up for their sentencing. The couple—John Dimitrion and Julie Anne Baldueza Dimitrion—were scheduled to be sentenced on charges that they ran a fraudulent mortgage scheme that almost left three Oahu families homeless.

***

  • Under a plea agreement struck in April 2009, John Dimitrion pleaded guilty to one charge each of conspiracy to commit mail fraud, wire fraud, money laundering and making false statements on loan applications. He faced a maximum of 45 years in prison and $1.5 million in fines. Julie Anne Dimitrion entered into a similar deal, pleading guilty to everything her husband did, except wire fraud. She faced a maximum of 30 years behind bars and $1.25 million in fines.

  • The Dimitrions admitted to offering to help homeowners facing foreclosure by arranging fraudulent loans for straw buyers for the homes. The couple—owners of Mortgage Alliance LLC and Global Financial Holdings LLC—then drained equity from the properties and tried to evict the homeowners. The Dimitrions also skimmed off thousands of dollars in processing fees from the loans.

For the story, see Mortgage fraud couple wanted by law (Warrants are issued for John and Julie Anne Dimitrion, who failed to show for sentencing).

See also, KITV-TV: FBI Hunt For Fugitive Married Couple ($1,000 Reward Offered For Capture).

For an earlier post on this story, see Hawaii Feds Ring Up 2 More Guilty Pleas In Sale Leaseback Foreclosure Rescue Scam; Civil Case Continues As One Victim Seeks To Recover Property Title.

posted by Home Equity Theft Reporter at 4:04 AM

Wednesday, January 30, 2008

Hawaii Lawmakers Considering Foreclosure Rescue Legislation

In Honolulu, Hawaii, KHNL-TV Channel 8 reports:
  • Homeowners facing foreclosure are susceptible to scams that promise to rescue their home. A new bill would provide some protection. But state officials are warning people the best protection is to stay alert and aware. [...] Stephen Levins at the Department of Commerce and Consumer Affairs says, "There's a real problem in Hawaii with people trying to steal equity out of homeowners. They generally target people facing foreclosure." [...] Lawmakers are hearing a bill (House Bill 3104 and Senate Bill 3026) that would help protect consumers.

For more, see New Bill Would Protect Against Mortgage Fraud.

To view the pending companion bills, see:

posted by Home Equity Theft Reporter at 8:34 AM