Posts Tagged ‘Foreclosure Fraud’

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.
(more…)

Simply Disgraceful: Lawyers Lie To The Courts

Friday, August 12th, 2011

What do disgraceful lawyers and Pinocchio have in common?

In the 1940 Disney animated version of the old Italian fable, a fairy tells Pinocchio that if he wants to become a real boy of flesh and blood he must prove himself to be brave, truthful and unselfish and able to tell right from wrong by listening to his conscience.

Pinocchio does not understand what a conscience is, and Jiminy appears to explain it to him.

Does a judge need to remind a lawyer not to lie in court?

How low can you go? Oppenheim Law has long catalogued the misdeeds of the Florida foreclosure process, but the situation has fallen to a new low.

Oppenheim Law would like to remind lawyers that their duties go beyond the client and extend to the entire legal profession. It is a discredit to the entire profession when one of us, or even an entire practice area, forgets their duties and obligations.

Recently, the Florida Bar had to affirm an opinion ruling lawyers must inform the courts whenever they find out that their clients have submitted faulty or fraudulent paperwork, even if the case is already closed or if the paperwork was unlikely to make a difference to the case.

The opinion was sought by a foreclosure attorney who handled thousands of cases for a bank. He later found out the bank used improper affidavit procedures like most of the other banks and mortgage servicers in the document mill scandal. The lawyer wanted to know if he needed to inform the courts of the improper paperwork when it was unlikely to make a difference, either because the case was closed years ago or because the bank could re-file the paperwork immediately.
(more…)

REMICS – The New Vehicle for Banks to Defraud Taxpayers

Thursday, May 5th, 2011

Roy Oppenheim Discusses REMICSAs Florida real estate slowly pulls itself out of the foreclosure fraud files; there is finally a government agency standing up to the bully of banks!

The IRS.

Last week, Reuters News Service published an exclusive article exposing yet another way the banks have been defrauding taxpayers. This time it wasn’t directly through improper lending practices, robo-signing or bad assignments of mortgage.

Now, the IRS discovered that banks acting as servicers for “REMICs”, otherwise known as Real Estate Mortgage Investment Conduits, have been claiming tax-exempt status on the income they generate under favorable tax code provisions.

So what is a REMIC? A REMIC is a passive entity where mortgages are pooled and securitized into investments. Generally, the investors in REMICs are large funds, pension plans, and 401ks.

Not only did the banks failed to comply in any manner with the requirements of the Internal Revenue Code that allow this favorable tax treatment, they have apparently decided to ignore the IRC altogether.

So what does this mean for taxpayers?

It means that the banks have been systematically ignoring IRC provisions, thinking the IRS is too sheepish to enforce the law. These entities, as a result of the actions of the banks servicing the mortgages, have failed to pay billions of dollars in taxes, and robbed the government, and thus the American people, of that money.

The reason that REMICs were afforded this massive tax break is due to the fact that they are meant to be vehicles for passive investing, and as such they have rules for strict compliance that require that all mortgages passing into a REMIC must be transferred into a trust within 90 days of trust formation.
(more…)

Who gets the Golden Ticket? Charlie or the Banks?

Friday, April 29th, 2011

Who gets the Golden Ticket? Charlie or the banks?Financial Times Headline: Caution urged on US bank foreclosure fines

Who gets the golden ticket? We all remember the deserving Charlie Bucket inside the chocolate factory of the eccentric chocolatier, Willy Wonka. In the end, Charlie gets the Chocolate Factory and the golden ticket.

This week’s Financial Times writer Tom Braithwaite reported a story: Caution urged on US bank foreclosure fines. The story focuses on how banks will be fined for failures that led to the foreclosure debacle. BUT…there is some sympathy and sugar coating happening. It seems regulators are pressing to avoid “dangerously large” penalties, according to one of the top officials participating in fractious settlement talks.

John Walsh, acting comptroller of the currency, told the Financial Times that he supported financial penalties for mortgage servicers, led by Bank of America and Wells Fargo, whose shoddy paperwork and improperly signed affidavits caused the repossession of delinquent borrowers’ homes to come to a grinding halt.

Here’s another BUT….

But the Office of the Comptroller of the Currency has differed with some state attorneys-general, the Federal Deposit Insurance Corporation and the new Consumer Financial Protection Bureau, which all want a more far-reaching settlement, with $20b in fines and at least some of the money used to reduce the debt owed by struggling homeowners.

The fact is this: if the government goes too light on banks; it will be an invitation for banks to continue to skirt the law and continue to believe that they are not just too big to fail, but too big to be regulated or stopped.
(more…)


PHP/MySQL Components, WordPress Plugins, and Technology Opinions at TravisWeston.com

Bad Behavior has blocked 8250 access attempts in the last 7 days.