Millions missing: Investigation widens into NM Title Co.

Chuck Slothower, Dailey Times

Several million dollars appear to be missing from title and escrow accounts at New Mexico Title Co., a police detective said Tuesday, as the investigation widens into possible wrongdoing at the Farmington business.

“It’s going to be a pretty large and complex investigation,” said Farmington Police Sgt. Brandon Lane.

The New Mexico Division of Insurance is auditing the business with the help of the title company’s insurance underwriter, First American Title Insurance Co. A report is expected as soon as this week.

Once that report is completed, Farmington police will determine if criminal charges are warranted, Lane said. Investigators are working to discover the extent of funds missing, but the initial investigation suggests it could be more than $10 million, he said.

“From the interviews that we have done with some involved parties, we’re starting to get into the double-digit million mark,” he said. “Several million dollars worth of funds … are missing at this point.”

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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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How To Make Mandelman’s Head Spin Around Like Linda Blair

Mandelman Says I Grilled Him Too Hard On One OF His Doer Calls To Action

A couple of weeks ago, I was in Colorado on what was supposed to be a vacation but soon turned into a business trip.  When people find out I’m traveling to a specific city, my phone starts ringing.  It’s usually lawyers who need my help on files and want to meet in person.  So two days into the trip, I decided to just go into work mode and make money while I’m there.  The only time I took off was on Saturday to go see the Rocky Mountain Roller Girls, a roller derby team I’m thinking of sponsoring.

So while I’m watching these ladies elbow each other, I get a call about a woman in Massachusetts that Martin Andelman was trying to help.  So Sunday I call Martin and ask him a bunch of questions about the foreclosure and where it stands.  Naturally, Martin has no clue what I’m talking about and I could tell his head was spinning like Linda Blair in the movie, The Exorcist.   However, to Martin’s credit he’s journalist with a communications background not a mortgage or foreclosure background.  Next time I’m in LA, I will have to stop and give him a Mortgage 101 class.

It all worked out though because One West agreed to give Lisa Ferrecchia who is a Thalidomide Baby a loan modification that would keep her in her house permanently with out the need for me to call One West.  My conversation with Martin must have made an impression because he blogged about it when he wrote about Lisa getting her loan mod from One West.  Here is the blog below:

OneWest Bank DOES IT for Lisa in Massachusetts! 

It all started early last Saturday morning when I got a call about a homeowner in Massachusetts scheduled to lose her home to foreclosure sale in just two days…

Now, I don’t mind telling you that I had just posted a DOERS ALERT the day before, and to be honest they’re all a lot of work and I really didn’t want to have to write another one the very next day… I was exhausted and looking forward to sleeping for the next couple days.

The client’s name was Lisa Ferrecchia, who I was told was one of the thalidomide babies. At the time, I did’t know if that meant she was part of a sister singing trio… you know… The Thalidomide Babies,” or what, but I’d soon find out.

So, I read about thalidomide and OneWest Bank most of the day and then started writing a DOER ALERT, which was finally ready to post at about 5:30 PM on Sunday afternoon.  I was beyond tired and feeling kind of awful, if you must know.  I hadn’t been outside of my study for yet another weekend straight… my wife wasn’t saying anything, and my daughter was saying she missed me.  But what could I do?  I mean, seriously?  Lisa Ferrecchia’s home was to be sold the very next day at 3:00 PM in Massachusetts.

Plus, in Massachusetts, do you know how they do it?  They auction the home off right on the soon to be ex-homeowner’s front lawn, for all to see.  I’ll tell you what… that is some 17th century nonsense right there.  As in… Me thinketh she is a witch!  Aye, a witch!  Might as well be making the homeowner walk around with a scarlet ‘F’ on his or her clothing.  I figured that Lisa had probably spent a lifetime seeing people stare at her, and the thought of her home being auctioned off in front of her neighbors… well… that just was not going to happen.  Not today.

I had spoken to attorney Glenn Russell early on Saturday, and told him to have a skeletal bankruptcy filing ready just in case.  I had just spent the whole weekend behind closed doors in my study typing and posting at 5:35 PM on Sunday, I wasn’t at all sure my DOERS would DO it in time… or even could DO it in time.  And if that was the case… why the heck did I just blow the whole weekend with my family… again.  I was conflicted and unsure of everything.

To make matters even worse…  and I wouldn’t normally share this publicly… but Steve Dibert of MFI Miami called me on Sunday evening… he was in Denver for something foreclosure-related.  He had read my DOER ALERT post and asked me what I was doing about Lisa Ferrecchia.  I said I posted a DOER ALERT and my DOERS would handle it.  He asked if I had called Glenn Russell and if Glenn was going to file a TRO, etc. etc. to stop the next day’s sale. He asked a bunch of other technical legal questions until I had a headache.

I said there wasn’t time for any of that, but my DOERS would handle it.  He wasn’t buying any of it.  I said, don’t worry… I’m sure it’ll be fine.

And he replied: “Dude, I think your nuts.  I’ll call Glenn and find out  what else can be done.”  He hung up.

“Oh, ye-of-little-faith-shithead,” I thought to myself.  

We all know what happened next, right?  OneWest Bank’s CEO emailed me late on Sunday night saying that he’d look into the situation the next morning… and the next morning OneWest contacted Lisa… told her that the sale had already been postponed… and that they’d do everything they could to get her a loan modification that would allow her to keep her home.  I wrote to tell everyone the good news, and said that I was certain that OneWest Bank would do exactly what they had promised.  Of course, not everyone was sure whether I was kidding… I was right… or I was a fruit loop.

One West said that they would let Lisa know by today… Tuesday, February 7, 2012.  And so here we are…

 

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Seig Heil! Deutsche Bank Wins Securities Fraud Lawsuit

Deutsche Bank Wins Dismissal of Two Mortgage Bond Suits That Alleged Fraud

Edvard Pettersson, Bloomberg

Deutsche Bank AG won dismissal of two lawsuits in which investors in residential mortgage-backed securities accused the bank of selling them securitized loans it internally disparaged as “crap.”

U.S. District Judge Jed Rakoff in Manhattan, in an order filed yesterday, dismissed two separate lawsuits by Brussels- based Dexia SA and Teachers Insurance and Annuity Association of America. The investors had “in certain key respects” failed to provide sufficient particular facts to support their fraud allegations, the judge said.

Rakoff said he would issue a more specific written opinion at a later date. The investors could amend their claims in so far as these relied on loans sponsored by Deutsche Bank Structured Products, the judge said.

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