The Fourth District Court of Appeal has been asked to certify that its recent decision in Law Offices of David Stern, P.A. v. State of Florida passes upon a question of great public importance. The Stern case is significant because FDUPTA is the principal enforcement tool available to the Attorney General’s Office to remedy foreclosure-related misconduct.
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Frederic Alan Gladle, Austin, Texas, was charged with having operated a foreclosure-rescue scam in Los Angeles, California, and elsewhere, that falsely promised the owners of more than a thousand distressed properties that they could indefinitely postpone foreclosure sales.
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John Marcus Desenberg, 44, formerly of Newbury Park, California, was arrested by FBI agents in Southern California for his alleged role in a foreclosure rescue scheme. On November 17, 2011, Desenberg was charged in a 10-count indictment alleging mail fraud.
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Angeline Lisa Lizarrago, 69, Fremont, California, was sentenced to five years for a foreclosure scam in which dozens of struggling Bay Area and Central Valley homeowners paid for foreclosure services that were never delivered.
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Homeowners needing assistance are reminded to avoid companies selling “foreclosure rescue,” “securitization audits” and other home loan modification schemes.
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Steven J. Baum, P.C., one of the largest volume mortgage foreclosure firms in New York State, entered into a settlement agreement that requires the firm to pay $2 million to the United States and to extensively change its practices with respect to mortgage foreclosure actions.
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Mary Anne Dean, 60, Severna Park, Maryland, pleaded guilty to conspiracy to commit wire fraud in connection with a mortgage fraud scheme which resulted in over $4.7 million in fraudulent mortgage loans, of which the lenders ultimately lost at least $944,223.91, and which caused the homeowners to lose over $1.2 million in equity in their homes.
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Royce Lee Newcomb, 49, Roseville, California, was sentenced by United States District Judge Morrison C. England Jr., to five years and 10 months in prison, to be followed by three years of supervised release for a real estate fraud scheme. The amount of restitution will be determined at a future hearing. Newcomb pleaded guilty to the charges on May 12, 2011.
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Kathleen Harps, 51, Chesapeake, Virginia, pleaded guilty in federal court to conspiring to commit mail and wire fraud in connection with a scheme to fraudulently obtain mortgage loans.
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Howard R. Shmuckler, 67, Virginia Beach, Virginia, has been charged by a federal grand jury of running a fraudulent mortgage rescue business that received substantial fees but, in most cases, failed to modify clients’ mortgages.
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