Posts Tagged ‘bank’

Foreclosure Scams Rampant in Florida

Wednesday, May 15th, 2013

Written By Aaron Kase, Lawyers.com, May 1, 2013 and republished in The South Florida Law Blog.

foreclosure home and sign

Florida is known as the nation’s capital in foreclosure fraud.

A Florida man was recently sentenced to 26 years in prison for foreclosure and short sale fraud. John Lebron, 33, was convicted last week of setting up a complex scheme to buy and sell foreclosed houses, make money on each part of the deal, and default on the loans. He is hardly alone among foreclosure offenders.

Florida is known as the nation’s capital in foreclosure fraud. The state was among the hardest hit by the collapse of the housing bubble and subsequently has seen countless homeowners who can’t make their mortgage payments. In the first quarter of this year alone, one in every 104 houses in the state received a foreclosure notice for a total of 85,671, a rate three times the national average, according market research firm RealtyTrac.

Of the top ten metro areas in the country with the highest foreclosure rates, seven are in Florida, led by the Miami area at number one. The state projects that it will process over a million foreclosure cases in the next four years, according to the Palm Beach Press. And a lot of foreclosures means a lot of opportunities for scams.

Lebron’s scheme involved a complicated house-flopping maneuver using straw purchasers to rip off the banks. However, many of the foreclosure scams out there are aimed directly at distressed homeowners, attempts to wring out what little cash they can come up with or steal the houses outright.
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ATM thieves turn tables on banking industry with $45M cybercrime

Tuesday, May 14th, 2013
Computer hand

Computer hackers, like banks, manage to get away with financial malfeasance.

It used to be that the underworld was where you would expect to find ATM thieves. But the world has changed, and with it the way that bank crimes are being committed.

Take for example news reports about a “global posse” of cyber thieves who made off with some $45 million from bank ATMs in 26 countries in what authorities are calling a first-of-its kind cybercrime heist.

Armed not with guns, but with laptops, this group of hackers managed not only to get into the computer networks of financial companies in the U.S. and India, but also to do away with the ATM cash withdrawal limits on prepaid debit cards.

The good news here is that no individuals lost money. Instead, the crooks plundered money held by banks.

Just seven people have been indicted. An eighth, considered to be the ringleader, was found dead in the Dominican Republic.

It was a sophisticated crime that essentially turned the tables on the banking industry – which over the years has found ways to manipulate the financial markets and create one of the largest economic crises in U.S. history.

The difference between what happened with the ATM heist and what some of the country’s biggest banks have, and continue to do, is that those thieves got caught and will be punished – and the ringleader is dead. But America’s banks continue to manipulate the market and get away with this financial malfeasance because, as we all know, they are considered too big to fail
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Banks open Pandora’s box by taking on federal judge

Friday, April 12th, 2013
Pandora's box

Pandora’s box

Seventeen of the nation’s “too big to fail” banks also apparently think they are “too big to lose in court.” They have joined forces to go up against a federal judge whose rulings they simply don’t like.

In doing so, the banks may have opened a Pandora’s box that ultimately could benefit the same group of people they have been going after – homeowners facing default on their mortgage.

First the back story:

A bunch of corporate attorneys representing JP Morgan Chase, Bank of America, Wells Fargo, Goldman Sachs, Morgan Stanley and Barclays, to name a few, recently took on U.S. District Court Judge Denise Cote by filing what is known in legal jargon as a “writ of mandamus” the purpose of which is to toss out a number of rulings she has made regarding the discovery process. Someone who believes they are denied a legal right generally files such a writ.

That’s a bold step to take against a member of the judiciary who holds your case in her hands. And, even bolder because of whom filed it. But if it works for them, what’s not to say it will not work for attorneys seeking to preserve the due process of homeowners who have been whisked through the courts like cattle off to slaughter?

Known as a no-nonsense judge who emphasizes efficiency in large, complex cases, Cote is handling one of the highest-stakes cases against the banks to date. The lawsuit, which was brought against the banks by the Federal Housing Finance Agency, alleges that the banks duped it into buying $200 billion in mortgage-backed securities without revealing the sloppy underwriting job. The agency, which oversees Fannie Mae and Freddie Mac, wants the banks to repurchase the bad loans.
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“Banks force-placed insurance practices under microscope”

Sunday, March 31st, 2013

 

force placed insuranceIf you haven’t heard about force-placed insurance before, there’s a pretty good chance you will be hearing a lot about it soon.

Though the practice has been around for several years, it’s only recently been making headlines in numerous national publications as regulators have finally decided it was high time to crack down on what only can be called self-dealing and fraudulent activities.

Force placed, as the name suggests, is a bank insurance product that big banks, lenders and loan servicers essentially force homeowners to purchase if they either allow their own policy to lapse – often the result of financial difficulties – or if the lender determines that the insurance the homeowner does have in place is insufficient.

And therein lies the rub: While force-placed insurance premiums initially were supposed to be lower, so that the homeowner could afford to maintain the required insurance, investigations revealed that premiums were two to ten times higher and the force-placed insurance provided far less protection than any policy the homeowner would purchase were they able to afford it in the first place.

Last week, New York Gov. Andrew Cuomo announced that his state’s Department of Financial Services reached a settlement with one of the country’s largest forced-placed insurers – Assurant Inc.

According to a press release agreement calls for Assurant to do the following:

  • Make a $14 million settlement payment, without admitting or denying any wrongdoing
  • Modify certain lender-placed business practices consistent with new regulations expected to be issued by the NYDFS that will apply to all New York-licensed lender-placed insurers of properties in the state.
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