Foreclosure Fraud Queen Linda Orlans Stakes Claim In NY

Forms New Law Firm With Former Baum Minions

Jonathan Epstein, Buffalo News

Two former attorneys from Steven J. Baum PC have formed their own Law firm in Amherst to focus on mortgage foreclosures, bankruptcies and other real estate legal matters.

Adam Gross and Amy Polowy joined with Michigan-based attorney Linda Orlans to form Gross, Polowy & Orlans LLC.

The start-up firm has already opened an office in Amherst and employs 18 attorneys and 47 support staff, having hired most from the Baum firm.

Gross Polowy has already assumed a small portion of the 50,000 cases that Baum had leftover when it announced its closure. And it plans to open another office on Long Island, mirroring the geographic footprint of the now-disgraced Baum firm.

The Amherst-based Baum firm was the state’s leading foreclosure law firm, handling more than 40 percent of cases across the state. But the firm, which had been criticized for shoddy work, lost its contracts with mortgage giants Fannie Mae and Freddie Mac after Halloween office party photos surfaced that mocked foreclosure victims.

The firm and an associated document processing firm, which had employed more than 700, including nearly 100 attorneys, announced in could close in late February.

The new firm — known as GPO—said it is working to first stress home retention as a means of distinguishing itself from firms around the state that operate on what Gross called a “race to foreclosure” model.

“We’re not calling ourselves a foreclosure firm. We’re calling ourselves a home retention firm,” said Gross, 46, a downstate attorney who has handled foreclosures since 1998.

“When you look at the array of options available to a servicer, one of them is foreclosure, but the best option is for the borrower to be able to retain home ownership and continue to make payments that are affordable.”

That doesn’t mean it won’t initiate foreclosure proceedings on behalf of its lender clients, he said. For one thing, many servicing guidelines require the foreclosure to be filed even when the borrower and lender are still negotiating a loan modification or other alternative.

Even the state’s new mandatory settlement conferences—a new requirement imposed by state lawmakers before a foreclosure can be completed — do not take effect until after the first foreclosure papers have been filed.

“A home retention, if the borrower can qualify, is the best option,” Gross said. “Anybody representing servicers should take the same approach.”

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AG foreclosure settlement may widen to smaller servicers

Jon Prior, Housing Wire

The settlement between the five largest mortgage servicers and a multistate coalition of attorneys general could expand to include smaller firms, but it’s unlikely to happen before a deal is announced in the coming weeks, a source familiar with the matter told HousingWire Wednesday.

All 50 state AGs opened a joint investigation into industry-wide foreclosure practices in October 2010. Evidence surfaced that year of mishandled documentation and robo-signing of foreclosure affidavits without a proper review of the loan files.

Their focus centered on the big five mortgage lenders:Bank of America (BAC: 6.87 +3.62%), Wells Fargo(WFC: 29.62 +0.71%), JPMorgan Chase (JPM: 36.66+1.69%), Citigroup (C: 31.27 +4.23%) and Ally Financial (GJM: 21.44 +0.66%). These firms currently service more than $6 trillion in mortgages for a combined market share near 58%.

The Department of Justice recently reached out to nationally chartered banks as part of an effort to bring in nine more servicers to the settlement, according to a Reuters report.

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Judge Schack slaps HSBC W/ $10K Fine, Compares Them To Sgt. Schultz

John Marzulli, NY Daily News

the bumbling Sgt. Schultz from the 1960's TV show Hogan's Heroes

A Brooklyn judge ridiculed HSBC’s “know nothing” defense for filing a false document in a foreclosure case and slapped the bank with the maximum $10,000 penalty.

“HSBC sounds like … Sgt. Schultz in the classic 1960s television comedy, ‘Hogan’s Heroes,’” Supreme Court Justice Arthur Schack wrote in a Dec. 22 decision made public Wednesday.

“The inept Sgt. Hans Schultz … would feign ignorance about the escapades of his Allied prisoners by telling his commandant, Col. Klink, ‘I know nothing! Nothing!’”

HSBC had incurred Schack’s wrath earlier this year when he caught its lawyers submitting documents filed by “robo-signers” purporting to work for the bank who were were actually employed by a loan servicing firm.

Bank officials and their lawyers are required to review and verify the accuracy of filings in foreclosure cases under regulations issued by state Chief Judge Jonathan Lippman.

Later, a bank senior vice president submitted a sworn affidavit claiming HSBC had no knowledge of the mortgage in question and blamed the fiasco on the loan servicer.

But Schack, whose blistering and colorful opinions from the bench have made him a folk hero for financially troubled homeowners — said HSBC is responsible for the actions of its agents.

The ticked-off judge also docked the bank’s Rochester-based law firm $5,000 for its conduct in the matter, according to court papers.

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OCC names robo-signing reviewers

Jon Prior, Housing Wire

The Office of the Comptroller of the Currencyreleased the names of the third-party consultant firms that will be conducting the reviews of more than 4.5 million foreclosure files at the largest mortgage servicers.

Under the consent orders signed with the OCC and theFederal Reserve, servicers such as Bank of America(BAC: 5.36 -2.37%), JPMorgan Chase (JPM: 29.475 -1.45%), and Wells Fargo (WFC: 23.95 -0.95%) had to hire these firms to independently review foreclosures completed between Jan. 1, 2009 and Dec. 31, 2010 in order to identify which borrowers directly affected by fraudulent and messy practices.

Last year, the servicers were found to be foreclosing on borrowers during modification trials. Some firms were found to forging signatures on some processing documents, as well.

The reviews began in November. The servicers began mailing letters to eligible borrowers explaining how they can request a review of their case and receive a possible remediation. The borrower has until April 30, 2012 to request a review.

Promontory Financial Group will be reviewing files at BofA, Wells and PNC Bank (PNC: 50.29 -1.33%).

Deloitte & Touche will be reviewing files at Chase.

PricewaterhouseCoopers will conduct reviews at Citi and U.S. Bank (USB: 24.70 +0.32%).

Ernst & Young will review files at HSBC (HBC: 36.81+0.96%) and MetLife Bank (MET: 29.53 -1.24%).

Clayton Services will conduct reviews at EverBank.

Navigant Consulting will go through files at OneWest. And Treliant Risk Advisors will conduct reviews atSovereign Bank.

Two other servicers that signed consent orders Ally Financial (GJM: 20.39 +0.64%) and SunTrust Banks(STI: 17.41 -1.30%) are regulated by the Fed. The third-party companies reviewing their files have not been released yet.

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