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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: 25.7/day

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

Foreclosing Lender Actions In Robosigner Scam Targeted By Kentucky County Court Order; Other Bluegrass State Jurisdictions Expected To Follow Suit

Posted on November 01, 2010
In Kenton County, Kentucky, DSNews.com reports:Kenton County, Kentucky, which has the third highest volume of foreclosures in the state, has enacted a general order impacting the filing of all foreclosure complaints in its courts.***Kenton County?s order(1) will have a wide ranging impact on mortgage servicing clients, including timelines relating to the filing of first legal action in Kenton

Ohio Foreclosures Continue Moving Forward, Despite Obviously Problematic Paperwork

Posted on November 01, 2010
In Franklin County, Ohio, The Columbus Dispatch:[A]t least 55 Franklin County homeowners will lose their houses at an auction Friday despite the fact that their foreclosure cases appear to contain mistakes, omissions of critical evidence or questionable affidavits, The Dispatch found in a review of court documents...

Consumer Bankruptcy Litigator Trains Attorneys In The Art Of Foreclosure Defense

Posted on November 01, 2010
In Shelby, North Carolina, msnbc.com reports:In a stately 19th century mansion in the middle of this former textile mill town, a local political scion has formed a mortgage foreclosure resistance movement.O. Max Gardner III, 65, pioneered techniques in preventing big banks from foreclosing on loans and has taught his methods to 559 other lawyers in the last four years...

Florida Appeals Court Reverses Another Rubber Stamped Foreclosure As It Reminds Trial Judge That Evidence Is Required Before Granting Judgment!

Posted on October 31, 2010
In West Palm Beach, Florida, the South Florida Sun Sentinel reports:Banks need to show evidence they own and hold the mortgage on a home when asking judges to foreclose on a property, according to a ruling issued in the 4th District Court of Appeal In West Palm Beach on Wednesday...

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F'closure Mill Dodges Appellate Court Reversal On Merits; Opts To 'Confess Error' Instead In Agreeing To Reversal Of Rubber-Stamped Lower Court Ruling

Posted on October 31, 2010
Florida's 4th District Court of Appeal recently rejected another foreclosure judgment - this time from a Broward County trial court. The guilty rubber stamper in this case - Circuit Court Judge Peter M. Weinstein.The appellate court issued this one sentence reversal of the lower court ruling (bold text is my emphasis, not in the original text):Based on appellee?s confession of error, we reverse

"Somebody Tried To Steal My House" Says Mortgage Servicing Fraud Watchdog As Campaign Continues Against "Predatory Schemes", "Sleight Of Accounting"

Posted on October 31, 2010
In Manchester, New Hampshire, msnbc.com reports:How long will it take before the American nightmare of home foreclosures is over? Ask Mike Dillon, who?s been fighting to keep his New Hampshire home for most of the past decade. Though he missed two payments in 2002, Dillon then caught up and was current on his loan by later that year, he said...

Four Face Real Estate Fraud Charges Alleging Use Of Forged Deeds, Foreclosure Scams Throughout S. California Victimizing Hundreds, Including Two Cops

Posted on October 31, 2010
From the Office of the San Bernardino County, California District Attorney:On Thursday, October 20, 2010, the San Bernardino County District Attorney?s Real Estate Fraud Prosecution Unit filed numerous felony real estate fraud charges against Carlos Mendez Torres, 29, his father, Manuel Patlan Torres, 60, associates Oscar Alvarez Macias, 35, and John Anthony Zepeda, 59, all of San Bernardino...

Illinois Regulator Hits 11 Outfits With Cease & Desist Orders, $275K In Fines For Allegedly Peddling Unauthorized, Crappy Loan Modification Services

Posted on October 30, 2010
In Greater Chicago, Illinois, the SouthtownStar reports:With a rise in foreclosure activity in the Chicago area as a backdrop, the state said Thursday it had cracked down on firms that promised homeowners breathing room with their mortgage companies, only to charge large fees for doing little or no work...

Kentucky Judge Chucks Foreclosure Judgment After Review Reveals That Named Mortgage Note Holder Does Not Exist

Posted on October 30, 2010
Buried at the end of a New York Times story on the ongoing frenzy attributable to faulty foreclosures is this gem:Charlotte and Thomas Sexton, of Carlisle, Ky., fell behind on their mortgage payments because the payments on their adjustable-rate mortgage spiked upward and Charlotte Sexton lost her job...

County Real Estate Fraud Unit Bags Calif. Man Allegedly Running Upfront Fee Loan Modification Racket; Victims Urged To Step Up, File Complaints

Posted on October 30, 2010
In Tulare County, California, The Fresno Bee reports:In a crackdown on foreclosure fraud, the Tulare County District Attorney's Office has filed charges against three men, leading to a Visalia man's arrest [last] week. Julio Garcia Cedillo, 33, of Visalia, was arrested Wednesday and made $25,000 bail Thursday...

S. Florida Family Recovers Home Lost In Foreclosure; Court Grants BofA's Request To Vacate Sale After Media Shines Light On Another Loan Mod Screw-Up

Posted on October 30, 2010
In Miramar, Florida, the South Florida Sun Sentinel reports:A Miramar homeowner who was facing foreclosure, despite securing a loan modification, will be allowed to stay in his house, according to a court ruling made public Wednesday by Bank of America...

More On Allegations That Foreclosure Mill Used 'Process Service' Racket To Run Up Charges When Serving Legal Papers

Posted on October 30, 2010
The Tampa Tribune reports:Internal files from a company used by Florida's largest foreclosure law firm provide more detail about recent allegations that lenders were overbilled and lawsuits were served to people who don't exist. In some cases, thousands of dollars in process fees were billed on a single property to multiple people, according to documents obtained by The Tampa Tribune...

S. Florida Attorney Probed For Allegations Of Forging Judges' Signatures; Once Linked To Now-Shuttered Loan Modification Outfit Also Under Microscope

Posted on October 30, 2010
In South Florida, The Miami Herald reports:State authorities are investigating allegations that a Coral Springs lawyer forged the signatures of Broward County judges while working with a disgraced foreclosure assistance company, court documents show.The lawyer, Frank J...

Fla. County Property Apprasier's Office OKs Tax Exemption For Family Of Maine Gubernatorial Candidate In 'Double Homestead' Case

Posted on October 30, 2010
The Associated Press reports:A Florida county has closed its investigation into a tax exemption claimed by the family of Maine Republican gubernatorial candidate Paul LePage on a Florida home, concluding that the $1,400 tax break was allowed under state law, a tax official ruled []...

Suit Seeking Class Action Status Wants Foreclosure Sales Voided, Title To Homes Lost Based On Bogus Affidavits Restored To Homeowners

Posted on October 29, 2010
In Miami, Florida, a press release from The Ferraro Law Firm:The Ferraro Law Firm, Daniels Kashtan and The Burton Firm filed a Class Action lawsuit yesterday against BAC Home Loans Servicing, LP, a Texas Limited Partnership, a subsidiary of Bank of America Corporation, and successor in interest to Countrywide Home Loans Servicing, LP, a Texas limited partnership; Deutsche Bank National Trust

Lawsuit Filings Seeking Class Action Status Against Loan Servicers Continue To Pick Up Steam

Posted on October 29, 2010
Bloomberg News reports:Billionaire Wilbur Ross?s American Home Mortgage Servicing Inc., facing lawsuits by attorneys general in two states, was sued by a homeowner who accused the firm of using tactics that lead to improper foreclosures.The lawsuit, filed Oct...

State AG, AZ Feds: Pair Ran Rent-To-Own Racket Victimizing 31 Would-Be Home Buyers, Leaving Multiple Unwitting Investors/Straw Buyers Holding The Bag

Posted on October 29, 2010
From the Office of the Arizona Attorney General:Attorney General Terry Goddard [] announced the indictments of Anthony Zandonatti and Andrew Silverstein, both 33 of Tucson, on multiple criminal charges including conspiracy, fraud, theft, money laundering, and illegally conducting an enterprise...

Ohio Judge Nixes GMAC F'closure Action Withdrawl; Orders Lender To Fork Over ?Proof Of Integrity Of All Docs Submitted" As State AG Files Amicus Brief

Posted on October 29, 2010
From the Office of the Ohio Attorney General:[A]fter filing a lawsuit against GMAC for fraud earlier this month [go here for press release, lawsuit], [Ohio Attorney General Richard] Cordray demanded that the loan servicer withdraw all pending foreclosures in which questionable affidavits were used in Ohio...

Foreclosure Rescue Sale Leaseback Racket That Drained Equity From Unwitting Victims' Homes Among Scams California Man Pleads Guilty To

Posted on October 29, 2010
From the Office of the U.S. Attorney (Los Angeles, California):A Downey man has agreed to plead guilty to federal fraud and money laundering charges, admitting that he ran two fraudulent operations ? a Ponzi scheme that took in $30 million from more than 300 victims and a mortgage fraud scheme that preyed on homeowners by stealing the equity from their homes and secretly taking title to their

Iowa Feds Indict Closing Agent For Illegally Pocketing Escrow Money From Real Estate Transactions

Posted on October 29, 2010
In Sioux City, Iowa, KMEG-TV Channel 14 reports:An Emmetsburg, Iowa real estate broker is charged with fraud, identity theft, and money laundering. She allegedly committed the crimes while working as a real estate settlement agent from 2005 to 2008. Fifty-nine-year-old Jean Teresa Hoffert faces 25 counts in the case...

NJ Appeals Court Slams Shut 'Loophole' Allowing Judgment Creditors To Obtain 'Double Recoveries' When Enforcing Liens Thru Forced Property Sales

Posted on October 28, 2010
Lexology reports:On August 4, 2010, the New Jersey Superior Court, Appellate Division extended equitable principles previously applied in mortgage foreclosure cases to how far an unsecured judgment creditor could go to satisfy its lien against a debtor, deciding to follow a line of cases standing for the principal that ?even in the absence of express statutory authorization, a court has inherent

Fla. Appeals Court Nixes County Official's Attempt To Strip Homeowner Of Tax Exemption In 'Double Homestead' Case As Legal Non-Profit Scores Big Win

Posted on October 28, 2010
A Florida appeals court has recently affirmed longstanding state law that (contrary to popular belief), in certain circumstances, the mere fact that two people are married will not, in and of itself, preclude them from each claiming a real estate tax exemption for their Florida homesteads allowed under Article VII, Section 6 of the Florida Constitution,(1) when living in separate residences...

Mom, Daughter Duo Dodge Major Prison Time For Running Rent-To-Own Racket After Agreeing To Take Over Payments From Distressed Home Sellers

Posted on October 28, 2010
In Bakersfield, California, The Bakersfield Californian reports:A mother and daughter were sent to prison Monday for their part in a real estate scam that cheated dozens of people out of at least 24 homes, leaving a loss of at least $4.4 million. Two of the victims said the two years imposed on Alice Kantin, also known as Meyer, 69, and the five years for her daughter, Dawn Kantin, 38, were "a

Ohio AG Nearing Declaration Of War Against Wells Fargo, Others Over "Brazen Efforts" To Sweep Foreclosure Screw-Ups Under Rug With Affidavit Refilings

Posted on October 28, 2010
From the Office of the Ohio Attorney General:In response to Wells Fargo's statement acknowledging that it "made mistakes" and that affidavits in 55,000 foreclosures filed by the bank did not "adhere" to the law, Ohio Attorney General Richard Cordray offers the following statement:"The big mortgage servicers and financial firms continue to demonstrate their belief that they do not need to play by

Wells Fargo Finally Comes Clean; Backpeddles On Initial Denials Of Faulty Paperwork, Now Acknowledges Errors In 55,000 Foreclosure Actions

Posted on October 28, 2010
The Washington Post reports:Wells Fargo, which has stood by its foreclosure paperwork for weeks(1) as other major lenders discovered errors and halted sales, conceded Wednesday it had discovered some flaws in its documents as well. The latest acknowledgement of problems from one of the nation's biggest lenders points out that the failure to scrupulously check legal documents before foreclosing on

Homeowner Attorney Describing Mortgage Servicers' Loan Modification Practices: "It Was Like They Had The Fax Machine Hooked Up To A Shredder"

Posted on October 27, 2010
In Los Angeles, California, the Los Angeles Times reports:Financially strapped homeowners struggling to obtain mortgage modifications are taking their frustrations to court, accusing banks and loan servicers of misleading them or breaking promises to help them hold on to their homes...

Cops: Home Health Aide, 4 Others Kidnapped 80-Year Old Dementia Victim In Effort To Strong-Arm Him Into Signing Over $500K Home, Cash

Posted on October 27, 2010
In New York City, the New York Post reportsA home-health aide and four relatives kidnapped and nearly killed an 80-year-old Brooklyn widower in an effort to trick him into handing over his legal rights, his money and his $500,000 home, authorities said []...

MD Lawmaker Takes 1-Year R/E License Loss To Resolve Claims Arising From Running Sale Leaseback Racket; Victims Seek Recovery From State Guaranty Fund

Posted on October 27, 2010
In Anne Arundel County, Maryland, WBAL-TV Channel 11 reports:A Maryland state delegate on Monday struck a deal instead of fighting a state commission challenging his license to sell real estate. Under the settlement, the state will not revoke Delegate Tony McConkey's real estate license, but the license is suspended for a year...

Texas AG Subpoenas Servicers In Ongoing State Robosigner Probe

Posted on October 27, 2010
Bloomberg News reports:Bank of America Corp., JPMorgan Chase & Co. and seven other banks or loan servicers were subpoenaed by Texas Attorney General Greg Abbott for information about their foreclosure practices, a spokesman said.?The state is subpoenaing information and documents,? Jerry Strickland, the spokesman, said yesterday in an interview...

Fannie, Freddie Slam Brakes On All Cases Handled By South Florida Foreclosure Mill

Posted on October 26, 2010
The Wall Street Journal reports:Fannie Mae and Freddie Mac said on Monday that the mortgage giants had suspended all activity on foreclosure cases that had been referred to a Florida attorney under investigation by state officials.Fannie and Freddie had previously stopped referring new cases to the Law Offices of David J...

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