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Real Estate & Property Law

The Home Equity Theft Reporter

Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues.
By r morris

Post Frequency: 69.2/day

Last Entry: May 24, 2013 at 04:10:00

HUD Fair Housing Complaints For 2012

Posted on May 24, 2013
From the Fair Housing Defense blog: HUD is out with its most recent data concerning the number of discrimination complaints filed under our federal Fair Housing Act (FHA). In 2012, HUD investigated 1,817 cases while its partner entities investigated just under 7,000 cases...

Pair Cop Pleas To Interfering With Housing Rights Of Black Residents; Duo Charged With Engaging In Racially-Motivated Intimidation, Vandalism On Their Homes

Posted on May 24, 2013
From the U.S. Department of Justice (Washington, D.C.): Two Spring Hill, Tenn., men pleaded guilty in federal court [] for their involvement in a racially-motivated conspiracy to interfere with the housing rights of African-American residents of the Spring Lake subdivision of Spring Hill, the Justice Department announced...

Fair Housing Feds Score $2.5M+ In Suit Settlement Accusing Louisiana Municipality Of Engaging In Discriminatory Zoning Practices To Keep Out Black Renters In Aftermath Of Hurricane Katrina

Posted on May 24, 2013
From the U.S. Department of Justice (Washington, D.C.): The Justice Department announced [] that St. Bernard Parish, La., has agreed to a settlement valued at more than $2.5 million to resolve separate lawsuits by the United States and private plaintiffs alleging that the parish sought to restrict rental housing to African Americans in the aftermath of Hurricane Katrina...

Feds Settle Fair Housing Suit Against Developer Accused Of Building Housing With Features Making It Inaccessible To Those With Disabilities; Action Against Design, Engineering Professionals Continues

Posted on May 24, 2013
From the U.S. Department of Justice (Washington, D.C.): The Justice Department announced [] that Oregon developer David Montagne and others affiliated with him have agreed to pay $80,000 and remove accessibility barriers at Gateway Village, a 275 unit apartment complex in Salem, Oregon, to settle a lawsuit alleging that they had violated the Fair Housing Act by building the complex with steps

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'Anti-Discrimination' Feds Settle Suit With Architects, Engineers Involved In Design, Construction Of 800+ Housing Units That Allegedly Failed To Meet Fair Housing Act's Accessibility Requirements

Posted on May 24, 2013
From the U.S. Department of Justice (Washington, D.C.): The Justice Department [] announced a settlement with the architects and civil engineers involved in the design and construction of multifamily housing complexes located in Mississippi, Louisiana and Tennessee...

Porn Peddler Accuses Chase Of Discrimination Over Failure To Refinance Home Loan; Suit: Bankster Asserted Moral Reasons, Reputational Risk As Reasons To Stiff Long-Time Customer

Posted on May 24, 2013
In Los Angeles, California, Courthouse News Service reports: A millionaire soft-core porn king claims in court that JPMorgan Chase violated the law and its own policies by refusing to underwrite a loan, for "moral reasons." Marc L. Greenberg - the producer behind the soft-core porn series "Co-Ed Confidential" and "The Best Sex Ever," among others - claims that Chase advertises its commitment

Father-Son Duo Object To Getting 20 Months For Roles In Alabama Foreclosure Sale Bid Rigging Racket; Prosecutor: 'Perps Won Race To The Courthouse - They Got The Best Deal!' Ex-Homeowner/Victim: 'I Was Sick & Had No Insurance - I Could Have Used The Extra Cash From A Larger Surplus Check!'

Posted on May 23, 2013
In Mobile, Alabama, the Press Register reports: A federal judge Monday ordered almost two years in prison for a father-son investment team, the first area defendants in a long-running antitrust investigation to face incarceration for rigging foreclosure auctions...

Antitrust Feds Settle Civil Suit Against Energy Outfits Alleging That Operators' Purported 'Joint Bidding' Arrangement Was Illegal Conspiracy Not To Compete For Gov't Mineral Rights Leases

Posted on May 23, 2013
From a client alert from the law firm McDermott Will & Emery: On Monday, April 22, 2013, after rejecting the initial settlement agreement, Judge Richard Matsch (D. Colo.) approved a revised settlement of a suit brought by the U.S. Department of Justice (DOJ) against two energy companies for conspiring not to compete for mineral rights leases...

California Supremes Reverse Foreclosure Sale Where $200K Error In Announcing Credit Bid Attributable To Trustee's Mistake, Not Lender's Negligence; Winning Bidder Loses Out On Big Windfall, Parties Entitled To A 'Do-Over'

Posted on May 23, 2013
From a Justia.com Opinion Summary: Plaintiff filed an action to quiet title to a parcel of real property, alleging he owned the property because he had been the highest bidder at a trustee's sale. After Plaintiff gave the auctioneer his cashier's check at the sale, the trustee told Plaintiff the sale was void...

Lender Refuses To Accept Underwater-Home Title Surrender, Won't Foreclose, Won't Release Lien; Forceful Negotiation Or An Improper Coercion In Violation Of Bankruptcy Discharge Injunction??? 'It Depends,' Says Federal Appeals Court

Posted on May 23, 2013
From Bankruptcy-RealEstate-Insights.com: After filing a chapter 7 bankruptcy, the debtors tried to surrender their residence to the mortgage lender. After the bankruptcy the lender refused to accept a surrender, refused to foreclose and refused to release its lien...

Homeowner: Dubious Real Estate Operator Swindled Me Out Of $440K Home Sale Proceeds; Accused Perpetrator Has $1M+ In Unrelated Court Judgments, Was Recently Described By Judge As A "Scoundrel" & Slammed For $15K For Renting Out Vacant Recently-Foreclosed REO Without Authorization

Posted on May 23, 2013
In Calgary, Alberta, CBC News reports: A Calgary homeowner says he was swindled out of his own property by a realtor he thought was trying to help him. Seyfeddin Mohammed and his wife sold their home to a company offering a deal without legal or realtor fees...

Bankster Accused Of Running Florida Force-Placed Insurance Racket Settles Class Action Suit, Dodges Stiff Penalties; Agrees To Cash/Credit Refunds Of 25% Of Premiums; Refuses To Admit Wrongdoing, But Promises It Won't Gouge Florida Borrowers In The Same Way Again

Posted on May 22, 2013
In Miami, Florida, The Palm Beach Post reports: Wells Fargo Bank and insurer QBE have agreed to pay an estimated $19.25 million to more than 24,000 Florida homeowners under a proposed settlement that plaintiff attorneys call ?unprecedented.? Without admitting wrongdoing, the firms would settle claims they inflated premiums ? often to five or six times above normal rates ? for ?force-placed?

Renter-Family Given 5 Minutes Notice Before Getting 'Screw-Up Triggered' Foreclosure Boot From Home Landlord Bought For All Cash From Foreclosing Bankster Several Years Earlier; Fear Of Arrest Keeps Victims Out Of Improperly-Seized Premises

Posted on May 22, 2013
In Charlotte, North Carolina, WSOC-TV Channel 9 reports: Frank Cole was shocked to get a call from his wife in tears Thursday. She explained that sheriff's deputies were at their rented home in west Charlotte and were forcing them to get out. "The sheriff was giving her five minutes to pack some things and leave and apparently, we've been evicted," Cole said...

Banksters Continue Assault On Aggrieved Homeowners With Slow-Paying Habits

Posted on May 22, 2013
From Public Citizen's Consumer Law & Policy blog: [Washington Post business reporter] Danielle Douglas reports that it's taking a long time for the money to be paid out. Here's an excerpt: Banks have paid less than half the $5.7 billion in cash owed to troubled homeowners under nearly 30 settlements brokered by the government since 2008, delaying help to the millions of victims of

Maine Woman Sues State For Allegedly Using Brother's Mental Incapacity To Wrestle Away Legal Control Of Decades-Family-Owned Oceanfront Real Estate & Selling It At Public Auction For Significantly Under Fair Market Value

Posted on May 22, 2013
In Liberty, Maine, Maine Public Broadcasting Network reports: A Liberty woman has filed suit against the Maine Department of Health and Human Services and the Key Trust Company National Association over what she says was a breach of fiduciary duty, violation of her due process rights and the improper sale of some family property for substantially less than fair market value...

Sovereign Citizen Gets 34 Years For Creating, Using Bogus Land Documents To Swindle Unwitting Potential Homebuyers

Posted on May 22, 2013
From the Office of the Indiana Secretary of State: Secretary of State Connie Lawson is warning potential homebuyers about scam artists who use authentications from the Secretary of State?s office to swindle Hoosiers into fraudulent real estate transactions...

Bankruptcy Receiver Tags S. Florida Lawyers In Suit To Recover Money Allegedly Ripped Off In Foreclosure Rescue Racket

Posted on May 21, 2013
In Fort Lauderdale, Florida, the South Florida Business Journal reports: New lawsuits are being filed against South Florida attorneys over allegations they received money connected to Prime Legal Plans, a $21 million foreclosure rescue fraud closed by the Federal Trade Commission in September...

Homeowners' Lawsuit: Now-Disbarred Lawyer Ran Illegal Upfront Fee Loan Modification Ripoff

Posted on May 21, 2013
In Los Angeles, California, Courthouse News Service reports: A disbarred attorney helped a dozen people and six businesses defraud people of "thousands of dollars" in a mortgage assistance scam, eight homeowners claim in court. Lead plaintiff Marcia Baker sued nine businesses and 13 people in Superior Court...

Suspect Who Used Bible Verses On Phony Deeds To Dupe Prospective Renters Cops Plea To Two Felonies As Prosecutors Drop Eleven Counts

Posted on May 21, 2013
In San Bernardino, California, The Press Enterprise reports: A man who persuaded potential renters to trust him by writing Bible verses on fake grant deeds has pleaded guilty in San Bernardino County court to two felony charges. Bob Frierson, 42, pleaded guilty May 8 to two counts of recording a false document...

Squatters' Use Of Phony Lease Gets Trio Pinched For Burglary, Possession Of Forged Instrument In Connection With Attempted Possession-Hijacking Of Vacant Foreclosure

Posted on May 21, 2013
In Richmond, Kentucky, WKYT-TV Channel 27 reports: For nearly two years, neighbors say this house on Bowerwood Drive has been empty after it went into foreclosure. Then, about three weeks ago, things changed. "We noticed some young folks kind of milling around the house...

Underwater Homeowner's Bankruptcy Maneuver Leaves Another 'Stripped-Off" Mortgage-Holding Bankster Holding 'Unsecured' Bag; Federal Appeals Court: "We Find Nothing In The Act To Suggest That Congress Intended To Bar Lien-Stripping Of Worthless Liens In Chapter 20 Proceedings!"

Posted on May 20, 2013
From a Justia.com Opinion Summary: Debtors filed a Chapter 7 bankruptcy petition and sought to discharge their unsecured debt, strip down liens on their primary residence and a rental property, and obtain a loan modification to address mortgage arrears on the properties...

Ohio Court Upholds Validity Of Defectively-Notarized Oil & Gas Lease; Exploration/Production Outfit Dodges Flood Of Landowners Challenging Improperly-Acknowledged Instruments Conveying Mineral Rights

Posted on May 20, 2013
From a client alert from the law firm McGuireWoods: On April 15, 2013, U.S. District Judge John R. Adams of the Northern District of Ohio dismissed Ohio landowners? claim that oil and gas leases not properly notarized are invalid, in Cole v. EV Properties, L...

Alabama Man Who Lost Real Estate In Tax Foreclosure Scores Windfall As State Appeals Court Kiboshes Mortgage Lienholder's Attempt To Snatch Surplus Proceeds To Satisfy Loan

Posted on May 20, 2013
From a Real Estate Finance Newsletter from the law firm Bradley Arant Boult Cummings LLP: In Alabama, when a property owner fails to pay his ad valorem property taxes, his property may be sold at a public auction to the highest bidder (the ?tax purchaser?)...

Lack Of Contract Privity Between Mortgage Servicer, Borrower Sinks Homeowner's Claim Under Ohio Consumer Protection Law; Court Ruling Kiboshes Use Of Attorney Fee-Shifting Statute Against 3rd Party Banksters

Posted on May 20, 2013
In Columbus, Ohio, The Columbus Dispatch reports: The Ohio Supreme Court has ruled that servicing a residential mortgage does not constitute a ?consumer transaction? as defined by state law, a ruling that consumer groups and attorneys say eliminates a protection for homeowners trying to save their homes amid the housing collapse...

Credit Reporting Agencies' Improper Reporting Of Short Sale As Foreclosure Haunts Ex-Homeowner Looking To Get Back Into Real Estate Market

Posted on May 20, 2013
Real estate columnist Kenneth Harney writes: Are large numbers of homeowners who have negotiated short sales with lenders at risk because of a startling omission in the American credit system? Do their credit reports and scores indicate that they were foreclosed upon, rather than having negotiated a mutually agreeable resolution with their lender? The answers appear to be yes, and last week the

Bankster To File Foreclosure Lawsuit Against Colorado Homeowner Who Questioned Constitutionality Of Non-Judicial Process "To Remove Any Due Process Concerns" That Come From A Public Trustee Foreclosure

Posted on May 19, 2013
In Denver, Colorado, The Denver Post reports: The owners of an Aurora woman's mortgage said they absolutely will file a foreclosure lawsuit to take her house because of claims that Colorado's public trustee process is unconstitutional. In a request to dismiss a federal lawsuit against them, lawyers for U...

WV Non-Profit Public Interest Lawyers Take Up Fight For Another Homeowner Over Allegations Of Improper Debt Collection Activities Against Notorious Banksters

Posted on May 19, 2013
In Charleston, West Virginia, The West Virginia Record reports: A Charleston man is suing Bank of America N.A. and JPMorgan Chase Bank N.A. for illegal debt collection in two separate lawsuits. In 2005, William Martin was induced into two simultaneous loans with Quicken Loans based on misrepresentations regarding the actual value of his property, according to two complaints filed April 17 in

Indiana Woman Who Had Home Sold Out From Under Her In Tax Foreclosure Sale Fights To Get It Back; Currently Awaits State High Court Ruling In Seperate Case Addressing Constitutional Sufficiency Of Pre-Sale Notices Under 14th Amendment's Due Process Clause

Posted on May 19, 2013
In Mishawaka, Indiana, the South Bend Tribune reports: A series of setbacks led to a Mishawaka woman's home being sold at a county tax sale, and a St. Joseph County judge is weighing whether she was adequately warned that her house was in jeopardy. Meanwhile, attorneys and judges around the state are waiting for the Indiana Supreme Court to rule on a case they heard earlier this year, which

Elderly Homeowner On Verge Of Losing Mortgage-Free Home Over $4K+ In Back Taxes Saved By Good Samaritan; Senior Says Tax Bills Sent To Wrong Address

Posted on May 19, 2013
In Miami, Florida, WSVN-TV Channel 7 reports: An elderly woman on the verge of losing her South Florida home received the best Mother's Day gift after a Good Samaritan came to her rescue. Thousands of unpaid property taxes almost caused Thelma Turner to lose the house she has called home all her life...

Sneaky Accounting Firm CEO, Wife Squeezed For $110K+ Over Sleazy Move In Unloading Mansion While Stiffing Long-Time Friend/Real Estate Broker Out Of Sales Commission

Posted on May 19, 2013
In White Plains, New York, the New York Post reports: Deloitte CEO Joe Echevarria and wife Ana have been ordered by a judge to pay $110,000 to their 82-year-old real-estate broker after cheating her over the sale of their New York mansion. The head of the prestigious firm didn?t account for the fact that Bernice Gottlieb, a longtime friend who even trained his wife as a real-estate broker,

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