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Man Pleads Guilty For Multi-Million Dollar Mortgage Modification Fraud

Stephanie Abbott —  March 8, 2022 — Leave a comment

Sergio Lorenzo Rodriguez, 47, Laguna Niguel, California, pled guilty to one count of wire fraud in connection with a fraudulent foreclosure rescue scheme that took in at least $5 million in prohibited advance fees from thousands of financially distressed homeowners.

According to the Complaint, the Indictment,[1] and statements made in court, and publicly available documents:

From approximately mid-2015 through August 2020, Rodriguez and a co-conspirator (the Defendants) owned and/or managed a series of mortgage modification companies through which they perpetrated a scheme to defraud and attempt to defraud financially distressed consumers who were facing or were at imminent risk of foreclosure through deceptive marketing practices. Those companies included American Home Servicing Center, National Advocacy Center, National Advocacy Group, and Capital Home Advocacy Center (collectively, the “Companies”).  The Defendants tricked desperate homeowners into paying thousands of dollars each in prohibited advance fees through various misrepresentations, including: falsely claiming that the homeowners had been pre-approved by their lender or servicer for a mortgage modification; misrepresenting prohibited advance fees as closing costs or other non-prohibited costs; fraudulently claiming that the Companies achieved success rates of 95 percent or higher for mortgage modifications; and making empty promises of a no-risk money back guarantee.  As a result of their intentional misrepresentations, and misrepresentations that they encouraged their subordinates to make, the Defendants induced thousands of homeowners to pay, in the aggregate, millions of dollars in prohibited advance fees to the Companies, including a large number of consumers who were ultimately denied mortgage modifications or who received modification offers that were less favorable than they had been led to expect at the time they paid advance fees.

Rodriguez pled guilty before U.S. Magistrate Judge Sarah Netburn.

Damian Williams, the United States Attorney for the Southern District of New York, and Daniel B. Brubaker, Inspector-in-Charge of the New York Office of the United States Postal Inspection Service (“USPIS”) made the announcement today.

U.S. Attorney Damian Williams said:  “As he admitted today, for years, Sergio Lorenzo Rodriguez took advantage of desperate homeowners who were facing foreclosure and eviction to collect from them, in the aggregate, millions of dollars in advance fees based on promises that Rodriguez knew he could not, or would not, keep.  He exploited the financial vulnerability of his victims and is now being held accountable for his crime.”

Rodriguez pled guilty to one count of wire fraud, which carries a maximum sentence of 20 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense.

The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

In February 2018, the Federal Trade Commission brought a civil lawsuit against the Defendants, among others, in federal court in Santa Ana, California.  That civil action resulted first in a temporary restraining order and then a permanent injunction barring the Defendants from marketing and selling all debt relief products and services.  As alleged in the Indictment, the Defendants flouted those judicial orders by having a relative create another mortgage modification company named 1st Premier Asset Solutions, which the Defendants operated using aliases and some of the same deceptive practices.

Mr. Williams praised the outstanding and persistent investigative work of the United States Postal Inspection Service and thanked the Federal Trade Commission for their assistance.

The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant U.S. Attorney Sarah Lai is in charge of the prosecution.

[1] As to Rodriguez’s co-defendant Eva Christine Rodriguez, the entirety of the text of the Indictment, and the descriptions of the Indictment set forth herein constitute only allegations and every fact described should be treated as an allegation.

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Businessman Sentenced for Participating in Multi-Million Dollar Ponzi Scheme

Stephanie Abbott —  October 14, 2021 — Leave a comment

Albert Rossini, 73, Skokie, Illinois, the owner of Devon Street Investments was sentenced Tuesday on multiple counts of mail fraud and wire fraud for a scheme with an attorney and two others to sell millions of dollars in phony mortgages.

Evidence at trial revealed that Rossini plotted with father-and-son co-defendants Babajan Khoshabe,  Chicago, Illinois and Anthony Khoshabe, Skokie, Illinois, to fraudulently induce more than a dozen victims into purchasing purported mortgage notes on apartment buildings in or near foreclosure.  The defendants fraudulently promised that investors would receive title to the properties at the conclusion of the foreclosure process.  In reality, the defendants did not own the mortgage notes, and instead the victims’ funds were misappropriated and used to make Ponzi-type payments to some of the investors.

The victims provided a total of more than $7 million in investment money to the defendants, and Rossini fraudulently pocketed more than $2.5 million of it.

A separate federal jury in 2019 convicted the Khoshabes for their roles in the scheme.  They are awaiting sentencing.

A fourth defendant, Chicago attorney Thomas Murphy, claimed to validate the sale of the mortgage notes through a phony “Guaranty Agreement” that he prepared and gave to Rossini to present to the victims.  Murphy pleaded guilty and admitted his role in the scheme.  He is awaiting sentencing.

The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI; William Hedrick, Inspector-in-Charge of the U.S. Postal Inspection Service in Chicago; Michael Powell, Special Agent-in-Charge of the U.S. Department of Housing and Urban Development Office of Inspector General in Chicago; and Thomas J. Dart, Cook County Sheriff.  The government is represented by Assistant U.S. Attorney John D. Mitchell.

 

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Former President & CEO Sentenced for Orchestrating the Straw Purchase of a Foreclosed Property

Stephanie Abbott —  November 6, 2020 — Leave a comment

Mary Beyer Halsey, 59, Rising Sun, Maryland, the former President and Chief Executive Officer of Cecil Bank, was sentenced today for charges of conspiracy to commit bank fraud, receipt of a bribe by a bank official, and false statement in bank records, in connection with the straw purchase of a home in Rising Sun, Maryland, upon which Cecil Bank had foreclosed.

According to her plea agreement, from 2012 to 2013, Halsey conspired with Daniel Whitehurst, 36, Bel Air, Maryland, an employee of a real estate development company that did business in Maryland, to defraud Cecil Bank and another bank to purchase a home through false pretenses, representations and promises.  Specifically, on March 28, 2012, Halsey and Whitehurst met at a restaurant in Cecil County.  Whitehurst asked Halsey if she could help him and a business partner get a $500,000 line of credit from Cecil Bank.  Halsey agreed to help Whitehurst to obtain a line of credit from Cecil Bank, in exchange for Whitehurst agreeing to serve as the straw purchaser of 127 Ebenezer, Rising Sun, Maryland on behalf of Halsey.  Halsey suggested that she increase the line of credit for Whitehurst to $650,000 to include the funds needed to buy the house.  Whitehurst agreed to Halsey’s request to secretly buy 127 Ebenezer on Halsey’s behalf.  On May 9, 2012, Halsey participated in a loan committee meeting at Cecil Bank that considered and approved a $650,000 line for credit for Whitehurst and a $500,000 line of credit for his business partner.

Halsey admitted that at her request, on May 14, 2012, Whitehurst visited 127 Ebenezer and provided Halsey with an estimate of the costs to update the house.  Whitehurst determined that beyond replacing the kitchen sub-flooring at a cost of about $1,000, there were no significant repairs needed.  Whitehurst provided a letter of intent to purchase the home from the bank for $150,000 for Halsey to review.  Halsey suggested lowering the price to $145,000 to allow room to increase the offer later.  Halsey knew that an exterior-only appraisal of the property ordered by Cecil Bank on November 9, 2011, showed a market value of $263,000.  A full appraisal on September 10, 2012, reflected a market value of $295,000.  To support the below-market price that Halsey wanted to pay, Whitehurst included in the letter of intent a list of lower-priced home sales in the same area that were not comparable to 127 Ebenezer and therefore was not reflective of the property’s actual market value.

As detailed in the plea agreement, on May 23, 2012, Whitehurst e-mailed Cecil Bank his offer to purchase 127 Ebenezer for $145,000.  On the same day, during a meeting of the Cecil Bank Board of Directors, Halsey advised the Board that Whitehurst had made a purchase offer of $140,000 for 127 Ebenezer, $5,000 less the actual offer.  To support the below-market price of $140,000, Halsey falsely characterized the property as having “structural deficiencies [that] will require significant repairs.”  Halsey did not disclose her personal interest in the property, nor Whitehurst’s role as her nominee to acquire the property on her behalf.  The Board authorized Halsey to “negotiate the best price.”  Thereafter, Whitehurst submitted a contract for him to purchase 127 Ebenezer from Cecil Bank for $150,000, which Halsey signed on August 17, 2012 on behalf of Cecil Bank.

According to the plea agreement, subsequent to authorizing the sale of 127 Ebenezer, Halsey told Whitehurst that he should not use his line of credit from Cecil Bank to purchase the house, but should instead get the funds from a different source.  Whitehurst applied for and obtained a $100,000 loan from another bank to purchase 127 Ebenezer, fraudulently claiming that he was purchasing the property for himself and that the down payment was from an investment account.  On October 31, 2012, prior to 127 Ebenezer going to settlement, Halsey wired $75,000 to Whitehurst’s bank account to cover the cost of the down payment as well as closing costs and upgrades to the property that Halsey directed Whitehurst to arrange.  To conceal the true purpose of the wired funds, Whitehurst sent Halsey a fictitious real estate contract purporting to show that the $75,000 was the down payment for a different property that Whitehurst owned in Havre de Grace, Maryland.

On November 21, 2012, the settlement of 127 Ebenezer was held with Halsey representing Cecil Bank as the seller, and Whitehurst as the purported purchaser, selling the property to Whitehurst for $150,000.  Both signed the HUD-1 form which falsely represented that Whitehurst had paid approximately $52,566 at settlement, when in fact, the down payment and all related closing costs were paid from the $75,000 Halsey had wired to Whitehurst’s bank account beforehand.  From October 31, 2012 through March 29, 2013, Halsey transferred an additional $60,000 to Whitehurst to cover the cost the upgrades to the house that they had previously discussed, as well as to reimburse Whitehurst for mortgage payments he made on the property.  Halsey and Whitehurst also made plans to transfer title of the property to Halsey by selling the house to her at a price that would minimize the tax consequences of the sale for Whitehurst.

In December 2012, in response to a question from a bank examiner for the Federal Reserve Bank of Richmond inquiring about the sale of the property to Whitehurst, Halsey falsely stated that she was “not totally familiar with [that] property” and that the bank had difficulty marketing the property and had not listed it with a realtor because of “issues with the county over the bonds outstanding.”

In April 2013, federal agents began interviewing employees and other borrowers about banking irregularities at Cecil Bank.  Title to 127 Ebenezer was never transferred to Halsey.  Halsey never told the bank that she was the true purchaser of 127 Ebenezer, nor did the bank know that Halsey and Whitehurst had orchestrated the sale of the foreclosed property at the fraudulent price of $150,000, instead of the appraised pre-renovation price of $295,000.

As a result of Halsey’s misrepresentations and omissions, the bank lost approximately $145,000.

Whitehurst pleaded guilty under seal to the federal charge of mail fraud on April 6, 2018.  Whitehurst faces a maximum sentence of 30 years in federal prison for conspiracy to commit bank fraud.  Judge Chasanow has not scheduled a date for Whitehurst’s sentencing.

Halsey pleaded guilty on July 31, 2020, Judge Chasanow also ordered Halsey to forfeit her interest in the home in Rising Sun and to pay restitution in the amount of $145,000.

The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Mark P. Higgins of Federal Housing Finance Agency, Office of Inspector General (FHFA-OIG), Mid-Atlantic Region; Special Agent in Charge Patricia Tarasca of Federal Deposit Insurance Corporation, Office of Inspector General (FDIC/OIG), New York Region; Special Inspector General Christy Goldsmith Romero for the Troubled Asset Relief Program (SIGTARP); and Inspector General Hannibal “Mike” Ware of the Small Business Administration, Office of Inspector General (SBA/OIG).

“Mary Beyer Halsey will now serve time in federal prison after she used her position as President and CEO of Cecil Bank for her personal benefit, causing a loss to the bank, which had already received federal taxpayer funds as part of the Troubled Asset Relief Program,” said U.S. Attorney Robert K. Hur.  “Corrupt bank officials undermine the public’s trust in our financial system.”

“The Federal Housing Finance Agency Office of Inspector General (FHFA-OIG) is committed to investigating allegations of fraud committed by officers of financial institutions which are members of the 11 Federal Home Loan Banks (FHLBanks) because their crimes strike at the heart of the FHLBank System,” said Mark Higgins, Special Agent in Charge of the FHFA-OIG’s Mid-Atlantic Region. “We are proud to have partnered with the U.S. Attorney’s Office for the District of Maryland and our law enforcement partners on this case.”

“Today the former CEO of Cecil Bank was sentenced to prison, becoming the 78th banker sentenced to prison resulting from a SIGTARP investigation,” said Special Inspector General Christy Goldsmith Romero. “Treasury wrote off $11 million from its TARP investment in Cecil Bank.  We commend U.S. Attorney Hur and his team of prosecutors in standing with SIGTARP to combat fraud that hurt banks during critical times.”

Cecil Bank, located in Elkton, Maryland, had received $11,560,000 in federal taxpayer funds in 2008, under the Capital Purchase Program, as part of the Troubled Asset Relief Program.  On April 20, 2011, Cecil Bank initiated the foreclosure of a single-family house located at 127 Ebenezer Church Road in Rising Sun.

United States Attorney Robert K. Hur commended the FHFA-OIG, Mid-Atlantic Region; FDIC/OIG; SIGTARP; and SBA/OIG for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Martin J. Clarke and Harry M. Gruber, who are prosecuting the case.

 

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Man Arrested For Mortgage Fraud Scheme Targeting Immigrant Families

Stephanie Abbott —  October 18, 2019 — Leave a comment

Nuhu (aka Nurden aka Noah) Mohammed, 60, Foxborough, Massachusetts has been indicted, arrested, and arraigned today in connection with a mortgage fraud scheme that largely targeted immigrant families.

The AG’s Office alleges that between October 2012 and July 2019, Mohammed repeatedly represented himself as a mortgage broker or lawyer, promising victims that he could provide assistance in securing mortgages and/or loan modifications. While Mohammed allegedly collected thousands of dollars from these victims, many of whom were at risk of foreclosure, he did not provide any meaningful assistance in securing these mortgages or modifying loans. He also allegedly directed his clients to forward all correspondence between clients and loan servicers to him and asked any letters to remain unopened to prevent them from discovering that he had not provided any assistance.

As a result of these alleged actions, one affected family lost two properties to foreclosure, and all of the victims lost significant amounts of money. Investigators allege that Mohammed primarily targeted immigrant families and exploited their lack of knowledge about the residential mortgage and/or loan modification process, as well as their limited English language proficiency, to steal from them.

The AG’s Office also alleges that Mohammed used the personal identifying information of one of his victims to open two credit cards in her name without her knowledge or consent.

In total, the AG’s Office alleges that Mohammed stole $152,333 from clients, including the money that he charged on the alleged fraudulent credit cards.

Mohammed was arrested on Thursday by Massachusetts State Police assigned to the AG’s Office in Boston. He was arraigned today in Norfolk Superior Court and was held on $50,000 bail. He was ordered to have no contact with the victims, and if he posts bail, he will be required to meet weekly with probation officers and not leave the state. He is due to appear in Norfolk Superior Court on November 15, 2019 for a status hearing.

Mohammed was indicted by a Statewide Grand Jury on the charges of Larceny Over $250 (1 count), Larceny Over $250 by Single Scheme (6 counts), Larceny Over $1,200 by Single Scheme (3 counts), Forgery (1 count), Uttering (1 count), Identity Fraud (2 counts), False Material Statements or Omissions During or In Connection with Mortgage Lending Process (4 counts), Fraudulent Use of Credit Cards to Obtain Money, Goods or Services (2 counts), and Common and Notorious Thief (1 count).

Attorney General Maura Healey made the announced.

This case was referred to the AG’s Office by the Stoughton Police Department.

These charges are allegations and the defendant is presumed innocent until proven guilty.

This investigation is ongoing, and the AG’s Office believes that this defendant has used several aliases to hide his identity. If any member of the public believes they may have been victimized by this conduct or has any information relating to others who may have been victimized, they are encouraged to contact the White Collar and Public Integrity Division of the Attorney General’s Office.

This case is being prosecuted by Assistant Attorney General Gretchen Brodigan and Assistant Attorney General Sara Yoffe, of the AG’s White Collar and Public Integrity Division, with assistance from Financial Investigator Anthony Taylor, Victim Witness Advocate Megan Murphy, the AGO’s Digital Evidence Lab, Massachusetts State Police assigned to the AG’s Office, and the Stoughton Police Department.

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Loan Servicer Ceases Foreclosures Found to be Wrongful

Stephanie Abbott —  August 6, 2019 — 7 Comments

Ocwen Financial Corporation is a national provider of loan servicing for lenders. It is headquartered in Florida and has offices in several states. In its Consent Agreement with Maine’s Bureau of Consumer Credit Protection and Attorney General, Ocwen admitted that after July 2014 it pursued foreclosures against Maine homeowners based on paperwork which the State found to be legally defective.

Specifically, Ocwen used “powers of attorney” granted by corporate originators of the mortgages, but those corporate originators of the mortgages had been legally dissolved – had ceased to exist – no later than March 2012. The State alleges that the powers of attorney terminated when the granting corporations dissolved.

Under the Consent Agreement, the State found that Ocwen’s use of the powers of attorneys from legally nonexistent entities violated a statute prohibiting “false, deceptive or misleading representation or means in the collection of any debt.”

Ocwen’s illegal filings continued into January of 2019, even after Ocwen’s lawyers had assured State regulators in November 2018 that the practice would stop. The company termed the additional filings as “inadvertent.”

Ocwen Financial Corporation will refund or credit 24 Maine residents more than $50,000 in attorney’s fees they were assessed when their homes were foreclosed upon, and the company will pay $24,000 in civil penalties and $10,000 in investigative costs to the State of Maine, as part of a Consent Agreement signed last week.

“Maine’s Supreme Court has made clear that lenders must establish that they have the legal right to pursue foreclosures,” said Will Lund, Superintendent of the Maine Bureau of Consumer Credit Protection. “Those requirements were not followed in these cases.”

Attorney General Aaron M. Frey, whose office assisted state mortgage regulators in negotiating and resolving the matter, stated, “The Consent Agreement puts Ocwen – and other national mortgage lenders and servicers – on notice that they must follow the legal standards here in Maine if they pursue actions on defaulted mortgages.”

The Consent Agreement may have ramifications beyond Ocwen, noted Superintendent Lund, since other lenders may be filing foreclosures based on similar powers of attorney issued by the same nonexistent corporate loan originators used by Ocwen.

 

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A.G. Objects To Mortgage Servicer’s Unlawful Attempt To Strip Away Rights Of Homeowners

Stephanie Abbott —  July 23, 2019 — Leave a comment

An action has been taken against Ditech Holding Corporation (Ditech) in the United States Bankruptcy Court for the Southern District of New York, opposing the mortgage servicer’s attempted end-run around statutory protections for homeowners.

Ditech currently has more than 880 active foreclosure actions pending across New York State. Homeowners organized the Consumer Creditors Committee to ensure that the courts do not permit the company to sweep their rights under the rug. Homeowners are demanding that their claims and defenses, which include significant money damages, not be extinguished in Bankruptcy Court.

Attorney General Letitia James made the announcement.

In addition to filing this motion, the Office of the New York State Attorney General currently has an open investigation into Reverse Mortgage Solutions (RMS), a reverse mortgage servicer that is owned by Ditech.

“Bankruptcy Court should never be used as a tool to unjustly oust New Yorkers from their homes,” said Attorney General Letitia James. “Ditech’s action is an illegal attempt to strip hundreds of homeowners of their legitimate claims and eviscerate New York’s carefully-created foreclosure process. Housing is a right, and we will continue to use every legal tool at our disposal to stand up for homeowners and to protect their rights.”

In addition to filing this motion, the Office of the New York State Attorney General currently has an open investigation into Reverse Mortgage Solutions (RMS), a reverse mortgage servicer that is owned by Ditech.

This past March, Attorney General James took a similar action when a building owner in Manhattan attempted to flout rent regulation laws and displace tenants.

Attorney General James — in support of the Consumer Creditors’ Committee — is filing the objection to ensure that vulnerable homeowners, who were victims of predatory lending and mortgage servicing abuses, including seniors with reverse mortgages, can assert their rights under the protections of New York’s robust judicial foreclosure process.

The objection is being handled by Assistant Attorneys General Elena González, Elizabeth M. Lynch, and Sarah Trombley of the Bureau of Consumer Frauds and Protection, under the supervision of Bureau Chief Jane M. Azia, as well as Enid Nagler Stuart, Special Bankruptcy Counsel for the Litigation Bureau. The Bureau of Consumer Frauds and Protection is overseen by Chief Deputy Attorney General for Economic Justice Christopher D’Angelo, and the Litigation Bureau is overseen by Chief Deputy Attorney for State Counsel Orelia Merchant.

 

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A.G. Announces Payments To Borrowers From Settlement With PHH Mortgage Corporation

Stephanie Abbott —  June 3, 2019 — 8 Comments

A settlement agreement was reached today with 800 New Yorkers for a $45 million settlement with New Jersey-based mortgage lender and servicer PHH Mortgage Corporation.

The settlement agreement reached by 49 states, the District of Columbia and 45 state mortgage regulators resolves allegations that PHH, the nation’s ninth largest non-bank residential mortgage servicer, improperly serviced mortgage loans from January 1, 2009 through December 31, 2012. The $45 million settlement includes $30.4 million in payments to borrowers, and additional payments to states and mortgage regulators for costs and fees related to the investigation.

Over 800 New York borrowers applied for payments. Rust Consulting, the settlement administrator, issued checks to claimants on Friday, May 31, 2019. Borrowers who lost their homes to foreclosure during the eligible period will receive approximately $1,500, and borrowers referred (but did not ultimately lose their home) to foreclosure will receive approximately $540. Total payments to New York State borrowers exceeds $666,000.

The settlement agreement also requires PHH to adhere to comprehensive mortgage servicing standards, conduct audits, and provide audit results to a committee of states. The settlement does not release PHH from liability for conduct that occurred beginning in 2013.

Attorney General Letitia James made the announcement.

“Today, homeowners who were unfairly and unwittingly victimized receive a piece of justice that they deserve,” said Attorney General Letitia James. “It is unfortunate that New York homeowners were victimized by improper mortgage servicing in the first place, but are at least now receiving the financial compensation owed to them. We will continue to use every resource at our disposal to reverse the damaging practices that helped to create the foreclosure crisis, and hold bad-acting mortgage companies accountable.”

“Empire Justice Center applauds Attorney General Letitia James for representing New York homeowners in the recent multi-state settlement with PHH Mortgage Corporation,” said Kirsten Keefe, Senior Attorney and Program Director for HOPP Anchor Partner Program at the Empire Justice Center. “The settlement requires PHH to clean-up its mortgage servicing practices so that they help, rather than harm homeowners. In addition, over 800 New Yorkers will share in a total of cash payments of more than $660,000. Fortunately in New York State, many homeowners who might have otherwise lost their homes because of the misconduct of PHH, received assistance from housing counseling and legal service providers funded through the Attorney General’s Homeowner Protection Program (HOPP) and so remain in their homes. We are very fortunate to have an Attorney General who is continuing to press for the rights of New York’s homeowners and communities.”

“We commend the Attorney General’s office for holding mortgage servicer’s accountable for their actions to protect New Yorker’s homes, which is their largest and most important asset,” said Susan Boss, Executive Director of The Housing Council at PathStone. “Along with the A.G’s office, we will continue to advocate for all New York homeowners.”

“We are thankful to Attorney General James for her dedicated support of New York homeowners,” said Christie Peale, CEO and Executive Director of the Center for NYC Neighborhoods. “This settlement provides direct compensation to hundreds of families, some of whom lost their homes to foreclosure during the financial crisis. Just as importantly, it shows that New York State will hold other mortgage lenders and servicers accountable for fully complying with all servicing regulations, and treating homeowners equitably.”

The case was handled Deputy Bureau Chief Laura J. Levine under the supervision of Bureau Chief Jane M. Azia in the Consumer Frauds and Protection Bureau, and Executive Deputy Attorney General of Economic Justice Christopher D’Angelo.

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AG Secures Restitution for 20,000 Massachusetts Homeowners

Stephanie Abbott —  March 29, 2019 — Leave a comment

Ocwen Loan Servicing LLC, one of the nation’s largest mortgage servicers will pay $2 million in restitution to resolve allegations that it violated state law and committed unfair and deceptive practices by charging Massachusetts homeowners for unnecessary fees and overpriced force-placed insurance policies.

The AG’s complaint alleged that Ocwen committed widespread mortgage servicing violations that increased Massachusetts borrowers’ mortgage and insurance expenses, exposed borrowers to serious risk through insurance lapses, and contributed to loan delinquencies and foreclosures. When borrowers requested information about or disputed errors on their loan accounts, Ocwen failed to respond to the requests as required by law. According to the complaint, Ocwen’s violations include:

  • Unnecessary flood insurance: Ocwen force-placed borrowers in expensive flood insurance policies for time periods when properties were not in special hazard flood area and did not require flood insurance. The force-placed policies carried high deductibles and did not provide critical liability and personal property coverage to borrowers.
  • Improperly administering insurance premiums: Ocwen forced borrowers to pay their insurance premiums into an escrow account and then failed to disburse these escrowed insurance premiums to insurers, causing borrowers’ insurance policies to lapse and leaving them exposed to serious gaps in insurance coverage.
  • Charging inflated and duplicative fees: Ocwen took advantage of struggling borrowers by charging duplicative and unnecessary pre-foreclosure property inspection and preservation fees for grass cuts, landscaping, and title review. In some cases, Ocwen conducted three property inspections in the same month and ordered several grass cuts within the same week, then passed the costs on to the borrower.
  • Failing to respond to borrower disputes and requests for information: Ocwen failed to provide timely and adequate responses to borrowers’ requests for information, complaints, and notices of error, causing problems to go unaddressed.

Under the terms of the consent judgment, Ocwen will pay $2 million in restitution including direct cash refunds and account credits. Ocwen will send notifications to 4,000 borrowers who may be eligible to receive a loan modification and has also agreed to halt foreclosure proceedings for certain homeowners to allow them time to apply for the loan modification. Ocwen will also pay three times the damages for borrowers for whom the company wrongfully failed to disburse escrowed insurance premiums and reimburse borrowers who were unnecessarily charged for flood insurance policies. Finally, Ocwen will implement new policies relating to the handling of customer complaints.

Attorney General Maura Healey made the announcement today.

The consent judgment, entered in Suffolk Superior Court, settles a lawsuit filed by the AG’s Office in April 2017 against Ocwen Loan Servicing LLC, which services tens of thousands of mortgages for Massachusetts homeowners.

“Keeping families in their homes remains a top priority for my office,” said AG Healey. “This settlement will provide relief to thousands of Massachusetts homeowners harmed by abusive and unfair mortgage servicing practices.”

The AG’s Office has been a national leader in securing restitution and other relief for borrowers from banks and servicers. The office has obtained recoveries and other relief from Morgan Stanley, Goldman Sachs, Royal Bank of Scotland, Citigroup, JPMorgan Chase, Countrywide, Fremont Investment & Loan, Option One, Ditech, HSBC, PHH, Nationstar, Shellpoint and others on behalf of Massachusetts homeowners.

The AG’s Office has also brought a string of force-placed insurance cases and obtained over $12 million in related recoveries under settlements with HSBC, American Security Insurance Company (Assurant), and QBE Insurance.

This matter was handled by Assistant Attorneys General Michael Lecaroz and Sarah Petrie, and Deputy Division Chief Shennan Kavanagh, all of the AG’s Consumer Protection Division; and Assistant Attorney General Tim Hoitink and Deputy Director Arwen Thoman of the AG’s Insurance and Financial Services Division.

 

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Five Companies and Two Individuals Sued in Mortgage Modification Scam

Stephanie Abbott —  July 26, 2018 — Leave a comment

Mark Goldstein and Drew Alia, Pennsylvania, and their five Pennsylvania mortgage foreclosure companies were sued today for deceiving consumers into signing contracts to have their mortgage loans modified and never delivering the services paid for.

Goldstein and Alia’s companies included GMK Solutions, the Foreclosure Law Center; Century Legal Group; Alia Law Group; and the Law Offices of Drew Alia.  Pennsylvania homeowners and other consumers wound up agreeing to pay the defendants more than $280,000 through their scam conducted between 2008 and 2015.

Here’s how the scam worked:

The defendants signed contracts with homeowners, promising to do a home loan audit and a mortgage modification – with the goal of lowering the consumer’s monthly mortgage payments or interest rate, or saving their home from foreclosure.

The defendants took cash deposits, often thousands of dollars, and then failed to produce the audits or mortgage modifications. To hide their scam, they told homeowners not to contact their mortgage lenders or make any payments because they were “handling” negotiations on the homeowners’ behalf.  When anxious consumers began to demand updates on the status of their loans, the defendants dodged their calls and offered no refunds.

During the scam, many homeowners received notices from their lenders stating that if they did not respond, their homes would be foreclosed upon or sold at sheriff’s sale.  In one instance, a consumer paid $3,500 up front for mortgage foreclosure services, and after the defendants assured the homeowner they had stopped the Sheriff’s sale, the home was lost anyway.

Another consumer from Delaware County called the Foreclosure Law Center for a loan modification to keep her home out of foreclosure, and paid a $700 deposit. The night before a sheriff’s sale, the defendants contacted the consumer and told her to file for bankruptcy to delay the sale. The bankruptcy filing was dismissed by the court. Ultimately, the defendants never delivered services or helped her and wouldn’t refund her deposit.

This consumer, Kathleen Zang, said: “The Foreclosure Law Center told me not to contact my mortgage company and they were handling everything on my behalf. I had to file for bankruptcy after I learned that communication was never made to keep my house — where my children and family lived. I was outraged after learning from my mortgage company that no one from the Foreclosure Law Center had been in touch with them. Other people lost their homes because of this company. I lost $700 — and I’m grateful to Attorney General Shapiro and his Bureau of Consumer Protection for stepping up for consumers like myself.”

The Office of Attorney General received 21 complaints from Pennsylvania consumers, and nearly 50 more from consumers across the country, who entered into mortgage modification contracts. In some cases, homeowners instructed by the scammers to not pay their mortgages ultimately lost their homes in sheriff’s sales.

Attorney General Josh Shapiro made the announcement.

“Defendants Mark Goldstein, Drew Alia and their companies preyed upon dozens of Pennsylvanians and other consumers who thought they were making a smart decision for their home and family,” Attorney General Shapiro said. “They wanted to lower their interest rates, modify their mortgages, and save their homes. Instead, all they received from these defendants were false promises and no services. Some even lost their homes.  This misleading scam was outrageous and I’m suing to get restitution for every person and hold these companies accountable.”

In addition to claims filed under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law, the Attorney General’s lawsuit bases other claims against the defendants under the Pennsylvania Mortgage Licensing Act.

“If you believe you were victimized by defendants Goldstein, Alia or any of their companies, or any other false mortgage modification deal, call my office today or email us at scams@attorneygeneral.gov,” Attorney General Josh Shapiro said. “I want to hear from you, and we’ll seek justice and restitution for you.”

The lawsuit in the Philadelphia County Common Pleas Court seeks injunctive relief and restitution in excess of $280,000 total for all consumers who are currently or have ever been in a transaction with any of these companies or their affiliates.

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Attorney General Settles with Nationstar Mortgage LLC

Stephanie Abbott —  May 14, 2018 — Leave a comment

Nationstar Mortgage LLC has entered into settlement agreements with the Consumer Protection Division and the Commissioner of Financial Regulation to resolve allegations that it charged homeowners illegal inspection fees.

Nationstar, the nation’s largest non-bank servicer of home mortgages, arranges for property inspections in order to protect the interests of mortgage lenders when homeowners are in default on their payments. Although Maryland law prohibits passing the cost of these inspections onto homeowners, Nationstar allegedly charged the inspection costs to homeowners until January 1, 2014 for forward loans and February 2016 for reverse mortgages. Nationstar assessed Maryland homeowners over $1 million in inspection fees.

Maryland Attorney General Brian E. Frosh made the announcement today.

“These inspection charges violate state law,” said Attorney General Frosh. “They were performed for the benefit of the lenders, not the benefit of the homeowners. We are pleased that the victims of the illegal charges will be made whole.”

Under the terms of the settlement, Nationstar agrees to:

  • not collect inspection fees in the future,
  • return over $260,000 in fees in addition to $827,759 that it returned during the Division’s investigation, and
  • pay the Division close to $490,000 in penalties and $10,000 in costs.

The Commissioner of Financial Regulation, who licenses Nationstar, has entered into a Memorandum of Understanding contemporaneously with the Consumer Protection Division’s settlement.

In Mortgage Fraud ,
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