Bogus foreclosure claim not isolated

Tom Lyons, Sarasota Herald-Tribune

The way a Sarasota man almost lost his home after bogus claims by out-of-town foreclosure attorneys made a good front-page story.

But some aspects of William Berta’s story are not all that unusual.

It may be rare that Berta got a judge to overturn a foreclosure sale on his Sarasota homestead by asserting he was never served with foreclosure papers. As you may have read in Monday’s Herald-Tribune, the foreclosure attorney claimed Berta could not be found and therefore his house was abandoned. That despite the fact Berta is a local business owner who was easily findable.

Still, if that were an isolated glitch, I might not be doing a column. But there’s much evidence, as the Florida Bar has confirmed, that some bulk-rate foreclosure firms are seriously cutting corners. And why not?

They can usually file sloppy documents with unverified and false claims and get away with it, because most foreclosures are not contested. Usually, nobody even skims through the documents.

A recent court ruling says judges don’t need to. The checking is up to homeowners.

That has led to filings so ridiculous that I thought anti-foreclosure lawyer April Charney was kidding when she e-mailed a recent find from Lee County. It is a template, a fill-in-the-blanks foreclosure document, that foreclosure-mill lawyers filed in court as a real one, with almost nothing filled in.

Read more here: http://www.heraldtribune.com/article/20100223/COLUMNIST/2231020/-1/NEWSSITEMAP?p=all&tc=pgall

Share

TITLE COMPANY OWNER ARRESTED ON MORTGAGE FRAUD AND MONEY LAUNDERING CHARGES

Daniel E. Fink Jr., age 43, of Baltimore, who owned and operated Homemaxx Title & Escrow LLC (Homemaxx), a title company that conducted residential real estate closings with offices in Middle River and Parkville, Maryland, was arrested in Palm Beach, Florida yesterday and had his initial appearance in federal court in Florida this morning. Fink was a fugitive since March 26, 2009 when a federal grand jury in Baltimore returned an indictment charging him with wire fraud and money laundering in connection with a scheme to defraud lenders and homeowners of over $500,000.

The arrest was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Richard A. McFeely of the Federal Bureau of Investigation.

According to the five count superseding indictment, from February 2003 to July 2004, Fink caused Homemaxx to fail to pay outstanding first mortgages on real estate transactions or to record deeds in the real estate records of local and state governments. Fink allegedly transferred substantial amounts of money from a Homemaxx escrow account into other Homemaxx accounts, as well as to accounts not associated with Homemaxx, and used the money intended to be disbursed pursuant to real estate closing documents for personal expenditures unrelated to real estate transactions. In connection with a particular real estate refinancing transaction by one of his customers, Fink allegedly diverted funds from the escrow account and then used the proceeds to purchase a new 2004 CLK Mercedes.

As a result of this scheme, Fink is alleged to have defrauded lenders and homeowners of more than $500,000, and to have used $93,228 of the criminal proceeds for money laundering. The indictment seeks the forfeiture of $593,228.

Fink faces a maximum sentence of 20 years in prison and a $250,000 fine for each of the three counts of wire fraud; and 10 years in prison and a $1 million fine for each of two counts of money laundering.

An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.

The Maryland Mortgage Fraud Task Force was established to unify the agencies that regulate and investigate mortgage fraud and promote the early detection, identification, prevention and prosecution of mortgage fraud schemes. This case, as well as other cases brought by members of the Task Force, demonstrates the commitment of law enforcement agencies to protect consumers from fraud and promote the integrity of the credit markets. Information about mortgage fraud prosecutions is available at http://www.usdoj.gov/usao/md/Mortgage-Fraud/index.html.

United States Attorney Rod J. Rosenstein commended the United States Attorney’s Office, Southern District of Florida for their assistance in the arrest and prosecution, and thanked Assistant United States Attorney Harry Gruber, who is prosecuting the case.

Share

Man says he did no wrong by renting out others’ homes

Lisa A. Davis, Tampa Tribune

LAND O’ LAKES – Stephen Thomas Bybel had a business idea that would make him a landlord and line his pockets while sprucing up neighborhoods where homes in foreclosure were left to deteriorate and become targets of vandals.

Pasco County sheriff’s officials see it another way: He broke into vacant homes, changed the locks and rented out other people’s houses. Bybel was arrested at his house Wednesday and was charged with one count of scheming to defraud.

Reached by telephone after his release from jail, the 48-year-old Bybel maintained he didn’t defraud anyone.

“I think I’m doing a service to the community.”

In all, Sheriff Bob White said, Bybel took possession of 72 homes – in the Land O’ Lakes and Wesley Chapel areas — beginning in December and rented out 31 of them. White said Bybel collected nearly $17,000 for rent in January on the homes; Bybel said that’s not correct because some people didn’t pay their rent. He didn’t say how much he collected.

Ken Londo said he gave Bybel $650 for a three-bedroom house in Land O’ Lakes two weeks ago.

Read more here: http://suncoastpasco.tbo.com/content/2010/feb/17/172226/man-was-renting-out-other-peoples-homes-police-say/

Share

Foreclosure mitigation program has unclear benefits for homeowners

 KIMBERLY MILLER,  Palm Beach Post

With rising numbers of Floridians defaulting on their home loans, CitiMortgage is now allowing some owners to stay in their homes six months for free in exchange for handing over the keys.

The program, which began Friday and is being tested in five other states, cancels the borrower’s debt while awarding them at least $1,000 to cover relocation costs.

For the bank, the benefit is avoiding foreclosure expenses and lengthy court cases.

But the advantage for the borrower is less clear.

With backlogged courts and overwhelmed lenders, people facing a foreclosure in Florida are already staying in their homes for free for a year or longer. Plus, the black mark on a borrower’s credit will be basically the same under the new program as if the home was foreclosed on.

CitiMortgage’s report to credit agencies will show that a deed was received in lieu of foreclosure on a defaulted mortgage. But it will also note that the payment on the home loan was less than the amount owed — a ding that can significantly lower a credit score.

“The fact that the loan became seriously delinquent is highly predictive of future risk, statistically, regardless of how that delinquency is ultimately resolved,” said Craig Watts, a spokesman for FICO, the leading credit scoring company.

Read more here: http://www.miamiherald.com/business/breaking-news/story/1484526.html

Share