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imageRachel 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 Smith Dollar, PC, is licensed to practice law in California and maintains offices in Santa Rosa, California. Email Ms. Dollar

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Tuesday, December 23, 2008

Ohio Foreclosure Rescuer Sued

James R. Van Putten, doing business as “Please Save My Home” in Conneaut, Ohio, has been sued by the Ohio Attorney General to stop his foreclosure rescue business from continuing to victimize consumers throughout the state. The lawsuit, filed in the Cuyahoga County Court of Common Pleas, alleges that Van Putten violated Ohio’s consumer protection laws by engaging in unfair and deceptive practices. The complaint

alleges violations of the Consumer Sales Practices Act, the Telephone Solicitation Sales Act, and Debt Adjuster’s Act.

Van Putten obtained the names of homeowners in foreclosure from court records and used direct mail to solicit his services. The mailing stated: “Regardless of your present mortgage or loan situation, we will be able to assist you by arranging a repayment plan to bring your loan current” and “Call Today & Save Your Home.” Van Putten then entered into contracts through which he promised to save the consumers’ homes from foreclosure by obtaining and providing loan modifications, legal representation, and forbearance agreements.

Consumers paid, on average, $650 for Van Putten’s services. The Attorney General’s investigation found that consumers did not receive the promised services. The complaint also alleges that once consumers paid for the services, they were unable to reach Van Putten by telephone, received no additional contact from him, and many lost their homes to foreclosure.

Van Putten is not registered with the Attorney General’s office as a Telemarketer, and his fictitious business name “Please Save My Home” is not registered with the Ohio Secretary of State, which is required by law. The lawsuit filed by the Attorney General alleges that Van Putten violated the Consumer Sales Practices Act by committing unfair and deceptive acts and practices, which included: (1) securing his first contact with consumers through deception (2) failing to clearly and conspicuously disclose all material terms and conditions of his offer, and (3) failing to honor his written refund policy. The action also alleges that Van Putten, violated the Debt Adjuster’s Act by charging consumers more than seventy-five dollars for the initial set-up of his foreclosure assistance service, and charging fees or contributions exceeding one hundred dollars per calendar year.

Attorney General Nancy H. Rogers is asking the Court to restrain James R. Van Putten from committing further violations of Ohio’s consumer laws. The suit also seeks an order requiring the defendant to pay damages to all consumers injured by Van Putten’s conduct and to pay civil penalties of $25,000 for each violation of the law.

The Attorney General is also asking the Court to prohibit Van Putten from participating in consumer transactions in Ohio until he has made all required payments resulting from this lawsuit.

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Posted by Staff Reporter on 12/23/08 at 01:09 AM
Mortgage FraudOhio • Total comments: (1) (0) Trackbacks
  1. North Carolina’s AG did the same thing several weeks ago.  I think that in most states loan modification would be an unauthorized practice of law.

    Posted by  on  01/04  at  10:27 PM

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Today's News

Some Sources require Registration.

 

Mortgage Fraud Risk Index Jumps 11 Percent, According to Verisk Analytics Subsidiary Interthinx
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The prosecution and defense rested Thursday in the mortgage fraud cases against Teresa Marie WIlson and Angelo Surveo Williams.

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In San Francisco, Mr. Russoniello said he is trying to crack down on cases like mortgage fraud, though he doesn't have the budget to hire additional white-collar prosecutors.

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During the real estate boom two years ago, some units were going for a half million dollars. Now some are short selling for just 50 grand.

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A developer and nine other people, including a former salsa singer, have been charged in an alleged $14 million mortgage fraud in Puerto Rico...

Strodtman Jury Selected in Mortgage Fraud Trial
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Attorneys will deliver opening statements this morning in the trial of Mark Strodtman, who is accused of bilking homeowners in a mortgage scheme years ago.

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Most banks rejected Ms. DeForte because her debt level was too high and her credit score too low. But Lend America put Ms. DeForte into a $402,000 loan backed by the Federal Housing Administration...

Mortgage Fraud Probe Nets 105 Across State
Bradenton Herald
At least one local man is among 105 people arrested across the state following a nine-month investigation into organized mortgage fraud.

Mortgage Fraud Increases
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The number of frauds involving professional advisors, such as accountants and lawyers, has increased from two to four since March 2008.

Previous Articles

TRIAL COVERAGE

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.



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The information and notices contained on Mortgage Fraud Blog are intended to summarize recent developments in mortgage fraud cases and mortgage banking matters nationwide. The posts on this site are presented as general research and information and are expressly not intended, and should not be regarded, as legal advice. Much of the information on this site concerns allegations made in civil lawsuits and in criminal indictments. All persons are presumed innocent until convicted of a crime. Readers who have particular questions about mortgage banking, mortgage fraud matters or who believe they require legal counsel should seek the advice of an attorney. The creators, editors and sponsors of Mortgage Fraud Blog do not intend to create a confidential relationship or an attorney-client relationship by communication via or arising from this site.

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