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Real Estate & Property Law

The Home Equity Theft Reporter 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: 25.7/day

Last Entry: September 06, 2017 at 04:02:00

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Stress, Nerves, Depression Caused By Foreclosing On Friends, Neighbors Forces Metro Atlanta Tax Commissioner Into Premature Retirement

Posted on February 23, 2011
In Cherokee County, Georgia, The Atlanta Journal Constitution reports:Acid reflux gnawed at David Fields? gut. Sleep came in fits. The waking hours were worse, as he battled depression with medications. Inevitably, the antidepressants failed to temper the toll taken by a job he once loved and now feared would kill him: Cherokee County tax commissioner...


Ex-Foreclosure King's Orphaned Cases Clog Courts, Cause Chaos, Lead To Defective Public Sales

Posted on February 22, 2011
In West Palm Beach, Florida, The Palm Beach Post reports:Nearly four months after the collapse of the Law Offices of David J. Stern, orphaned foreclosure cases still clutter the courts, causing auction uncertainty and more work for an already overwhelmed system...


Mediators: Lenders, Foreclosure Mills Stifle System By Pressuring Loan Modification Negotiations To End In Stalemate

Posted on February 22, 2011
The Palm Beach Post reports:Florida's Supreme Court sought a foreclosure lifeline in forcing banks and borrowers to mediation. It was hoped a judicial referee could help unclog court dockets and free struggling borrowers.But in documents obtained by The Palm Beach Post and described in a recent court order, mediators complain lenders and their attorneys are stifling the system by pressuring


Houston Woman Accuses Duo Of Filing Forged Deed In Attempt To Steal Her Property

Posted on February 22, 2011
In Houston, Texas, Ultimate Aldine reports:A woman is suing after, she says, two men conspired to file a forged deed with the courts. Julie Fanner filed a lawsuit on Feb. 14 in the Harris County District Court against Larry Jackson of Aldine and Hosea Harris Jr...


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BofA Calls Off Foreclosure Of Atlanta Woman's Home As BofA Caves To Pressure From Local Media

Posted on February 22, 2011
In Atlanta, Georgia, WSB-TV Channel 2 reports:Channel 2 Action News got results for a southeast Atlanta widow threatened with foreclosure even though her mortgage was nearly paid off. "They do need to call me back really quickly because like I said, Channel 2 is already here," said housing advocate Simone Griffin...


"Revolving Door" Between Wall Street & Government Regulators; Are Suit Settlements Management's Way Of Buying Its Way Off Cheap From Victims' Pockets?

Posted on February 21, 2011
Columnist Matt Taibbi writes in Rolling Stone:Over drinks at a bar on a dreary, snowy night in Washington this past month, a former Senate investigator laughed as he polished off his beer. "Everything's [*]ucked up, and nobody goes to jail," he said. "That's your whole story right there...


Pro Se Kentucky Homeowner Scores Appeals Court Reversal Of Rubber-Stamped Foreclosure Judgment As Trial Judge Proves Unable To Apply Basic State Law

Posted on February 21, 2011
In a seemingly simple case that a lower court inexplicably screwed up, the Kentucky Court of Appeals found it necessary to vacate and remand Henry County Circuit Court Judge Karen Conrad's ruling allowing for the entry of a judgment in a foreclosure action, despite the obvious fact that the foreclosing plaintiff, by failing to acquire an interest in the loan (by assignment) until after the action


Confusion Caused By Suspicious Deed Conveying Fractional Interests To Bankrupt People Recorded Day Before F'closure Enough To Void Subsequent Sale

Posted on February 21, 2011
In Fresno, California, The Fresno Bee reports:A bankruptcy judge on Wednesday reversed the foreclosure of the landmark Security Bank building on Fresno's Fulton Mall, giving its owners more time to find a buyer or settle its debts. Judge Whitney Rimel agreed with the building's owners, Fresno Pacific Towers Inc...


Pressure On "Absurd" MERS' Business Model Continues In Metro NYC Cases; CEO Abandons Sinking Ship; Members Told To Stop Foreclosing In Company Name

Posted on February 21, 2011
The New York Post reports:The feds are raising their scrutiny of foreclosure cases in the Metro area. The US Trustee's office, which is a division of the Justice Department, is filing briefs in individual cases asking for judges to disallow motions made by the bank or servicer, and for lenders to cough up supporting data for their filings...


Utah AG To Federal Appeals Court: BofA Sub Legally "Unqualified To Carry Out Trustee Foreclosures"

Posted on February 20, 2011
Bloomberg reports:A Bank of America Corp. unit is breaking the law by foreclosing on homeowners in Utah because it doesn?t meet state requirements, the state attorney general?s office said in a federal appeals court case.ReconTrust Co., a subsidiary of Bank of America, the biggest U...


Homeowner Scores Judgment Against Loan Servicer In RESPA Suit, Forcing Bank Into Foreclosure

Posted on February 20, 2011
In Philadelphia, Pennsylvania, The Philadelphia Inquirer reports:It's not clear how this story will turn out, but right now Patrick Rodgers is living a pay-back fantasy probably shared by millions of struggling U.S. homeowners. Frustrated by a dispute with Wells Fargo Home Mortgage and by his inability to get answers to questions, the West Philadelphia homeowner took the mortgage company to court


Texas Man Cops Guilty Plea To Real Estate Ponzi Scheme Using Bogus Liens, Deeds Of Trust To Purportedly Secure Investors' Cash

Posted on February 20, 2011
From the Office of the U.S. Attorney (Dallas, Texas):David Boles, 52, of Colleyville, Texas, who owned Metro Buy Homes, LLC., pleaded guilty [...] to one count of mail fraud, announced U.S. Attorney James T. Jacks of the Northern District of Texas.***According to documents filed in the case, from January 2008 through August 2010, Boles ran a scheme to defraud a number of investors by making


Probe Into Title Escrow Money Ripoff Yields Guilty Plea; Suspect To Cough Up $25K In Restitution Within One Month To 'Buy Out' Of Prison Sentence

Posted on February 20, 2011
In Allen County, Indiana, The Journal Gazette reports:A mortgage company manager pleaded guilty Thursday in Allen Superior Court to two Class D felony charges of loan broker fraud. Robin W. Hunt, 40, of [...] New Haven, was arrested and charged last July with six counts of loan broker fraud, two of which were Class C felonies...


Ex-Mortgage Broker Faces 39 Counts For Allegedly Ripping Off Clients Of $1.3M Cash, Property

Posted on February 20, 2011
In Santa Cruz, California, the Santa Cruz Sentinel reports:Louisa Katrina Dubinsky, the 54-year-old former real estate broker who allegedly stole more than $500,000 from clients in 2007, turned herself in to Santa Cruz police [...]. Dubinsky was wanted on 39 counts of embezzlement, financial elder abuse and writing hundreds of thousands of dollars in bad checks, according to a 2009 criminal


Stern 'Dispersal Sale Dump' About To Begin As Battered Foreclosure Mill Head Looks To Unload Pricey, High-End Assets Worth Tens Of Million$

Posted on February 19, 2011
In Plantation, Florida, the South Florida Sun Sentinel reports:In yet another sign that times are tougher for Plantation foreclosure attorney David Stern, he is looking to unload luxury assets worth tens of millions, including two estate properties on Hillsboro Beach that stretch from the Intracoastal to the blue waters of the Atlantic and what is believed to be his Italian-built superyacht...


'We're Ready To Move, Just Give Us A Fair Price' Say Homeowners Throwing In Towel After 30-Year Fight To Save Neighborhood From Airport Expansion

Posted on February 19, 2011
In Dania Beach, Florida, the South Florida Sun Sentinel reports:Dania Beach homeowners who've fought for more than 30 years to protect their neighborhoods from airport expansion are sending a surprising signal to the county: They give up. They're ready to move out...


Homeowner Loses Home To Foreclosure After Mortgage Servicer Employs "Force-Placed Escrow" Squeeze; Firm Refuses Comment, Despite Customer OK

Posted on February 19, 2011
In Dallas, Texas, Fox 4 News reports:FOX 4 has been covering the mortgage mess for years. We?ve told you about angry homeowners having problems with loan modifications, endless calls to lenders with no answers, unregulated mortgage servicers, and now force-placed escrow accounts...


Ohio Appeals Court Nixes "Strict" Foreclosure; Says Lower Court's Failure To Order Judicial Sale An Improper Procedure Lacking Legal Authority

Posted on February 19, 2011
Lexology reports:In the case of Wells Fargo Bank v. Young (Drake Cty.), 2011-Ohio-122, 2011 Ohio App. LEXIS 102 (Froelich, J.), the Second District Court of Appeals held that the trial court erred by ordering a conveyance of the property via a Commissioner?s Deed, rather than ordering a judicial sale as requested by the bank...


Calif. Tenant Advocacy Group To Alert Stockton Renters W/ Landlords Who Have Recently Fallen Into F'closure In Effort To Avoid Blindsiding, Bullying

Posted on February 19, 2011
In Stockton, California, KXTV Channel 10 reports:More than 1,000 Stockton tenants will get a letter in the mail this week warning them that their landlord is in trouble with the bank. The letters are coming from Tenants Together, a statewide organization for renters' rights, and are focused on Stockton because nearly half of the city's foreclosures are rentals...


Pennsylvania Court Gives Zombie Bill Collector The Boot Over Use Of Crappy Paperwork To Collect Dubious Debt

Posted on February 19, 2011
Valparaiso University School of Law Professor Alan White writes in Public Citizen's Consumer Law & Policy Blog:A Pennsylvania appeals court has affirmed the dismissal of a debt buyer lawsuit on an old credit card account, because the debt buyer could not prove the debt...


Couple Facing Foreclosure Dodges Prison Time, Walk Away With Four Years Probation After Torching Home For Insurance Cash

Posted on February 19, 2011
In South Beloit, Illinois, WREX-TV Channel 13 reports:A husband and wife in South Beloit admit to starting their own house on fire and are sentenced for it. Dean and Jaclyn Jacobson each got four years probation for burning down their house in the 800 block of Winfield Drive...


'Reverse' Condo Conversion Leaves Dozen Unit Buyers Living In Rental Complex, Unable To Refinance, Holding The Bag

Posted on February 19, 2011
In Polk County, Iowa, the Des Moines Register reports:A bank foreclosure of a Johnston condominium development originally owned by Regency Homes has resulted in 12 condominium owners allegedly losing their ability to refinance and possibly even sell their homes, a lawsuit filed Monday says...


TX Couple Sues To Stop Exploration Firm From Running Roughshod Over Home, Drilling On Near-Expired Mineral Leasehold After Giving Only 12-Hour Notice

Posted on February 19, 2011
In Jefferson County, Texas, The Southeast Texas Record reports:A Jefferson County couple has filed suit against the exploration company they claim gave them limited notice of its intent to drill on their property.Douglas and Tina Almond allege they purchased property on March 26, 1998, which is subject to a drill site and drill site easement...


Broward Deputies Storm Local KFCs Facing Foreclosure; Serve Seizure Notices, Give Employees The Boot; South Florida Chickens Rejoice!

Posted on February 19, 2011
In South Florida, WTVJ-TV Channel 6 reports:Several local KFC chains are in finger-licking foreclosure. Broward Sheriff's deputies invaded nine local franchises of the chicken-serving national chain Wednesday, serving orders that the stores must cease and desist...


Maine Class Action Accusing Bank Of Manufacturing Foreclosure Documents Gets The Boot; Judge Says Each Homeowner Must Pursue Claims Individually

Posted on February 18, 2011
In Portland, Maine, Bloomberg reports:Ally Financial Inc.?s GMAC mortgage unit won?t have to face much of a lawsuit by Maine homeowners seeking damages over what they said were the company?s wrongful foreclosure practices.U.S. District Judge D. Brock Hornby in Portland, Maine, granted GMAC?s request to dismiss two claims in the complaint, according to a decision yesterday...


OCC Chief To Senate Banking Committee: Most Mortgage Servicers Have Proper Documentation, Legal Standing To Foreclose

Posted on February 18, 2011
Firedoglake reports:In a Senate Banking Committee hearing just now, Acting OCC head John Walsh gave an update on the investigation into servicer practices, which was the subject of several news reports today. Here, in essence, was what he said:? ?Federal banking agencies have concluded investigations on servicers found critical deficiencies and shortcomings that violate state and local


Florida Couple To Pursue Foreclosure Mill For Alleged Inflated Fee Squeeze

Posted on February 18, 2011
In Central Florida, the Sarasota Herald Tribune reports:A North Port couple says a Florida law firm charged them unwarranted and excessive fees as they tried to save their home from foreclosure, and their attorneys believe the firm did it to hundreds of other troubled homeowners, too...


C. Florida Man Charged For Allegedly Hijacking Title, Possession Of Vacant Homes In Foreclosure, Then Ripping Off $30K By Renting To Unwitting Tenants

Posted on February 18, 2011
In Pasco County, Florida, The Tampa Tribune reports:Pasco County deputies arrested a 43-year-old man Friday and accused him of collecting $30,000 in rent money on properties he didn't own. George Allen Ola Jr., of 8831 Garden Party St., is charged with scheme to defraud...


Would-Be Buyers Screwed Over In Rent-To-Own Racket Involving Homes In F'closure Complain To Local Prosecutor; Ripoff Is Treated As A Civil Matter

Posted on February 18, 2011
In Umatilla, Florida, WFTV-TV Channel 9 reports:Several families claim a Central Florida company offering rent-to-own homes, never told them the properties were in foreclosure. After moving in, they say, serious repairs were ignored and they lost all their money...


Florida Homeowner Sues Over Bank's Illegal Break-In; Use Of Paperwork By Lender's "Jack-Booted Thugs" To Intimidate Cops Into Inaction A Major Concern

Posted on February 17, 2011
In Orange County, Florida, WOFL-TV Channel 35 reports:Nancy Jacobini is a homeowner and has been for awhile. For two decades, she has been in the same house, which makes what happened on September 28th, 2010 so bizarre."It was about 5:30 p.m. It was a very rainy, dark, dreary day...


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