Thursday, June 21, 2007
Idaho Warns Consumers of Foreclosure Rescue Schemes
Idahoans facing foreclosure on a home mortgage should be wary of fraudulent “foreclosure rescue” scams according to Idaho Attorney General Lawrence Wasden and Department of Finance Director Gavin Gee. Wasden and Gee encourage anyone who may be facing foreclosure to become informed about their options.
“Talk to your lender as soon as you realize there may be a problem meeting your mortgage payments,” Gee advised. ”Letting time pass, with the mortgage unpaid, will only make the consumer’s problems worse. Licensed debt and credit counselors, legal assistance, or certain government agencies can offer information and options about foreclosure while you are working with your lender.”
The Idaho Attorney General’s Office and the Department of Finance have received complaints from consumers who unsuccessfully used “foreclosure rescue” companies in an attempt to avoid foreclosure.
“The possibility of losing one’s home to foreclosure is, to say the least, frightening for anyone,” Attorney General Wasden said. ”Foreclosure rescue scam operators take advantage of this fear to their own profit and the consumer’s loss. Many of these schemes are designed to fail so that consumers lose their homes to the so-called rescue company.”
Mortgage “foreclosure rescue” scams operate by promising to save a consumer’s home from foreclosure, either for a fee or by securing the property’s title to the rescue company. However, the rescue company often ends up owning the home, while the consumer loses the home and the equity in the home.
Many foreclosure rescue offers contain the following elements:
* You are asked to sign a contract agreeing to turn over ownership of your home to the “foreclosure rescue” operator.
* The contract states that you may lease “your” home for a specific amount of time, with the option to buy back “your” home by a certain date.
* The “foreclosure rescue” operator requires you to pay a fee for assistance in “rescuing” you from foreclosure. The fee may be substantial and may even equal all of the equity in the home.
* At the end of the contract date, the “foreclosure rescue” operator promises to return home ownership back to you.
Consumer problems associated with “foreclosure rescues” include:
* Frequently, it will cost more money to rent your former property from the “foreclosure rescue” operator than you can afford.
* If you default or cannot make a full payment, you are evicted from your home and lose any equity you may have had in the property.
* If you try to refinance the home to get out from under the contract, you may not qualify for the payoff amount required by the “foreclosure rescue” operator.
* Once you fulfill the terms of the contract, you find the “foreclosure rescue” operator refuses to return your home.
“Approach any mortgage foreclosure resource service with caution,” Attorney General Wasden said. ”It is very important for Idahoans to know that, absent fraud or deceptive practices, Idaho law will not protect you from giving up your equity and agreeing to pay a substantial amount for rent and to repurchase your home at a later date.”
“I encourage anyone who is facing foreclosure to seek the advice of a qualified professional who does not have a personal interest in your decision,” Department of Finance Director Gavin Gee said. ”There are many avenues to obtain information about foreclosure options, legal services available to you or licensed debt and credit counselors or lenders.”
Some of these contacts include:
* The Idaho Department of Finance (http://finance.idaho.gov) can provide names of licensed debt and credit counselors or regulated lenders. Telephone: (208) 332-8000 or, toll-free in Idaho, (888) 346-3378.
* The Idaho Attorney General’s Office (www.ag.idaho.gov) will accept consumer complaints where fraud or deception is alleged. Telephone: (208) 334-2424 or, toll-free in Idaho, (800) 432-3545.
* The Idaho State Bar Referral Service can help Idaho residents find and hire a private attorney. Write to the service at: Idaho State Bar, P.O. Box 895, Boise, Idaho, 83701, or call (208) 3344500.
* The U.S. Department of Housing and Urban Development (HUD) National Servicing Center, Oklahoma City, OK, can provide foreclosure information on FHA loans: (888) 297-8685.
* NeighborWorks America, in partnership with the Homeownership Preservation Foundation, hosts the National Foreclosure Prevention Line: (800) 995-HOPE (4673).
mortgage fraud
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Trial coverage provided by Anne Mitchell, Crazy Fish Realty.
F. Jeffrey Miller Update - October 20, 2009
A hearing was held in Topeka, Kansas in front of Judge Julie Robinson. Miller is currently being held pending his sentencing which is set for December 22nd, 2009 at 9:00 a.m.. Steve Vanatta and Hallie Irvin, Miller's codefendants, will be sentenced at that time also.
Several motions were heard this week. One was a motion for Miller to be released pending his sentencing. Miller's attorney, Jeff Morris, argued that the court had dismmissed with predjudice the matter involving Miller's purchase of a commercial lawnmower, violating the court ordered monitoring agreement. He also argued that Miller was not a flight risk and should be released. This motion was denied.
Another motion heard by Judge Robinson was that of an escrow account containing proceeds from the sale of Miller's forfeited assets. This account has a balance of $143,000. Attorney Morris argued that his firm was due $100,000 for work done in the Miller matter, to date. The government argued that his 'un-itemized fees' were 'exhorbitant'. The balance of the funds, Morris argued, should be released to the Miller family to help pay for mounting household expenses.
The government argued that the 'Asset Forfeiture Provision' applies down to 'the last penny' and that 'the rights of the victims to made whole are of paramount immportance' and that no routine household expenses like Visa bills, are allowed.
Attorney Morris argues that there is more than enough assets to satisfy the jury's judgement of $2.65 million dollars. The government argues that the estimated value of his assets are only $1.4 million.
The government also stated that Miller has been paid dividends from a company Miller has an ownership interest in; Boreflex. From July, 2008 to present, Miller has been paid $330,509.30 from Boreflex, unbeknownst to the court appointed monitor.
Present in the courtroom was Todd Earnshaw. Earnshaw was indicted along with Miller and others in what is commonly referred to as 'Miller I'. That trial is scheduled to begin on January 11, 2010 in Topeka, Kansas.
More Trial Coverage
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Rachel Dollar, the editor of Mortgage Fraud Blog, is an attorney and Certified Mortgage Banker who handles litigation for lending institutions and secondary market investors. She is an author and a nationally recognized speaker on the topic of mortgage fraud. Ms. Dollar is a shareholder with the law firm of 
