Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Sara
Did anyone see this thread from the Expert Law forum?  I really don't know what to think about this situation other than maybe it was a "drug deal" or "illegal smuggling" gone very wrong.

What do you guys think?  Does this type of crap really happen here in America?

Sara



Legal Help



oiniguez01-21-2009 01:31 PM

Mortgage Fraud
 
My question involves criminal law for the state of: california

i have been defrauded by a hardmoney lender. he made me sign a blank 1003, blank loan, fake employment, fake income, no appraisal. forced the loan on me and now has take my home in a foreclosure. basically he said it was a personal loan from his own pocket to try to cover up his mess. but reading other forums, he cant use his own money in his business transaction. its co-mingaling. bottom line is he funded a federal loan and has committed bank fraud, mortgage fraud, wire fraud, and mail fraud. he is the owner of the company, he also acts as the loan officer, escrow officer, title officer. he is a one man operation. he cant switch the blame to anyone. he is president of the company as well as the loan officer who signed the loan. im willing to try this civilly, but i want to know what recourse i have trying this criminally. i have had 3 lawyer confirm the fraud. and now it has become stolen property. my home is worth 1.2 million and the balance was 435k. he has caused many more damages. i have a good case.....im pretty upset. any and all advice would be appreciated.

OhMy01-21-2009 01:37 PM

Re: Mortgage Fraud
 
Quote:

Quoting oiniguez
(Post 280014)
My question involves criminal law for the state of: california

i have been defrauded by a hardmoney lender. he made me sign a blank 1003, blank loan, fake employment, fake income, no appraisal. forced the loan on me and now has take my home in a foreclosure. basically he said it was a personal loan from his own pocket to try to cover up his mess. but reading other forums, he cant use his own money in his business transaction. its co-mingaling. bottom line is he funded a federal loan and has committed bank fraud, mortgage fraud, wire fraud, and mail fraud. he is the owner of the company, he also acts as the loan officer, escrow officer, title officer. he is a one man operation. he cant switch the blame to anyone. he is president of the company as well as the loan officer who signed the loan. im willing to try this civilly, but i want to know what recourse i have trying this criminally. i have had 3 lawyer confirm the fraud. and now it has become stolen property. my home is worth 1.2 million and the balance was 435k. he has caused many more damages. i have a good case.....im pretty upset. any and all advice would be appreciated.

From what you posted on here, I can think of at least 6 federal charges off the top of my head.

I suggest you contact the FBI mortgage fruad task force to file a complaint;

http://www.fbi.gov/publications/fina...crime_2006.htm


Here is a link to a blog dedicated to these types of fraud so you can educate yourself;

http://www.mortgagefraudblog.com/

seniorjudge01-21-2009 01:41 PM

Re: Mortgage Fraud
 
Quote:

Quoting oiniguez
(Post 280014)
...
he made me sign a blank 1003, blank loan, fake employment, fake income, no appraisal.
...

How did he make you do this?

OhMy01-21-2009 01:44 PM

Re: Mortgage Fraud
 
Quote:

Quoting seniorjudge
(Post 280023)
How did he make you do this?

Agreed, you have to be careful in a case like this or you can find yourself sitting at the defendants table next to your mortgage broker.

oiniguez01-21-2009 02:07 PM

Re: Mortgage Fraud
 
how did he make me do this......?????

i was beaten up by a person, and sent to this guy to sign papers "or else"

this guy draws up the loan, with blank documents and funds it in a couple of days.... sends me on my way with a 2nd on my home, due back in 12 months... slime ball....

i dont want to get into specifics, but yeah. its a great case....

OhMy01-21-2009 02:14 PM

Re: Mortgage Fraud
 
Quote:

Quoting oiniguez
(Post 280045)
how did he make me do this......?????

i was beaten up by a person, and sent to this guy to sign papers "or else"

this guy draws up the loan, with blank documents and funds it in a couple of days.... sends me on my way with a 2nd on my home, due back in 12 months... slime ball....

i dont want to get into specifics, but yeah. its a great case....

I understand that you are upset, but when you post in a forum it is hard to tell if you where really "beaten up" or not.

So please be very detail specific as many of the posts on this site do deal with violence. I am not sure if someone did "beat you up" and forced you to sign your loan docs or is this just a figure of speech?

oiniguez01-23-2009 12:37 AM

Re: Mortgage Fraud
 
no, i was beaten up. punched and assaulted... police report....and witnesses...a long story...

but then sent to this bad loan guy..

loan is done with him having us sign
blank loan docs
no credit check
no income check
no employment check
no DTI check
no LTV check
no asset check
no liability check
no title check
he also violated a privacy policy act (which one of them admitted to under oath at the restraining order hearing)
hud 1 made and given to us after our 3 day recission was over, he inflated the prices. he made us a loan for $100,000 and we had to sign or else.
he also use unlicensed agents
no escrow
made the loan a investment property loan vs a primary home.
he even went as far as to change our homeowners insurance to his guys insurance company.....
he wanted full control of every aspect of the property on that day.
its some armenia name... i cant remember, but its kinda like babik or habik... we were referred to him by his phoney loan officer (jk). call the insurance company they used and find out who wrote that policy and ask them if he knows (jk)....
he also stopped sending us our mortgage coupon after 3 months... we called the company and asked why and they said they just didnt want to send them to us anymore....we also had our payments returned to us 3 times... they just didnt want us to pay the note so it defaults...we asked about that and they just gave us a different p.o. box....

but at that point i knew it was gonna be bad....fraud all the way

this guy is done, how do i get my lawyer to tell his lawyers, that its a huge federal case if he doesnt cooperate?

when i asked him about it he said it was a personal loan from his own pocket...i know thats a crime as well... co-mingling money...

he also said he didnt have to follow federal and state loan rules becasue he is the president of the company and he can approve any loan he wants.

im sure he has some obligation to his investors (banks) to make sure his borrowers can repay there loan.

but he set us up for foreclosure...

he knew the money that was to be made and did it knowing he had backing from a local gang.....

the gang that beat me up.... extorted me for about 6-8 months.....

i would love to go to the f.b.i.

i want to solve this criminally....

ok, another question, can my civil lawyer advise the defendant of the federal crimes he has commited in our complaint, in order to get them to move on there end....

if i do take this criminally, what is the time frame for getting my home back and payment of damages?

and how is my title effected?

right now he has title to the property, but i have a lis pendence on the property. and the first loan is in someone else's name, so he cant take the home completely.

will the first mortgage bank stop foreclosure proceeding due to the criminal case? mind you, i have the lis pendence.

i asked one federal agent and he said to get a lis pendence and then take it criminally, that way it is protected in the criminal case, and the FBI will return title when they close the case.

is this correct?

oiniguez01-23-2009 12:48 AM

Re: Mortgage Fraud
 
no, i was beaten up. punched and assaulted... police report....and witnesses...a long story...

but then sent to this bad loan guy..

loan is done with him having us sign
blank loan docs
no credit check
no income check
no employment check
no DTI check
no LTV check
no asset check
no liability check
no title check
he also violated a privacy policy act (which one of them admitted to under oath at the restraining order hearing)
hud 1 made and given to us after our 3 day recission was over, he inflated the prices. he made us a loan for $100,000 and we had to sign or else.
he also use unlicensed agents
no escrow
made the loan a investment property loan vs a primary home.
he even went as far as to change our homeowners insurance to his guys insurance company.....
he wanted full control of every aspect of the property on that day.
its some armenia name... i cant remember, but its kinda like babik or habik... we were referred to him by his phoney loan officer (jk). call the insurance company they used and find out who wrote that policy and ask them if he knows (jk)....
he also stopped sending us our mortgage coupon after 3 months... we called the company and asked why and they said they just didnt want to send them to us anymore....we also had our payments returned to us 3 times... they just didnt want us to pay the note so it defaults...we asked about that and they just gave us a different p.o. box....

but at that point i knew it was gonna be bad....fraud all the way

this guy is done, how do i get my lawyer to tell his lawyers, that its a huge federal case if he doesnt cooperate?

when i asked him about it he said it was a personal loan from his own pocket...i know thats a crime as well... co-mingling money...

he also said he didnt have to follow federal and state loan rules becasue he is the president of the company and he can approve any loan he wants.

im sure he has some obligation to his investors (banks) to make sure his borrowers can repay there loan.

but he set us up for foreclosure...

he knew the money that was to be made and did it knowing he had backing from a local gang.....

the gang that beat me up.... extorted me for about 6-8 months.....

i would love to go to the f.b.i.

i want to solve this criminally....

ok, another question, can my civil lawyer advise the defendant of the federal crimes he has commited in our complaint, in order to get them to move on there end....

if i do take this criminally, what is the time frame for getting my home back and payment of damages?

and how is my title effected?

right now he has title to the property, but i have a lis pendence on the property. and the first loan is in someone else's name, so he cant take the home completely.

will the first mortgage bank stop foreclosure proceeding due to the criminal case? mind you, i have the lis pendence.

i asked one federal agent and he said to get a lis pendence and then take it criminally, that way it is protected in the criminal case, and the FBI will return title when they close the case.

is this correct?

OhMy01-24-2009 08:27 AM

Re: Mortgage Fraud
 
Thre is way too much going on here for me to answer at this point. You need to hire an attorney to sort this all out.

You also need to go to the DA's office in your county, as well as the FBI.

Since you never had a title policy I do not know if you really ever owned the property. Again way too involved here for this type of site.

No income check, no asset check this was typical up to almost a year ago they where knows as NINA loans which is what you may of had.

NINA = NO INCOME, NO ASSET verification loans, they checked almost nothing.

Since you have a police report from way back on the injury part , bring that to the DA along with whatever papers you have. They will listen to what you have to say and figure out where to start with this mess.


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The Equitable One
I feel for anyone that is taken advantage of.

However, this individual lost me in the second sentence. "He made me..." and "forced the loan on me..." That doesn't fly in my mind.

Fraudulent misrepresention is another matter, and I know many here are suffering from that.

Quote 0 0
4 Justice Now
I happen to agree with Equitable One does on this one. I had the same reaction. That said I truly don't mean to imply that the poster is lying or to say that it couldn't have happened as described, not at all. But that it just doesn't sound right to me thus far at all.
When I was forced to sell my home just to prevent the lowlife, cocksuckers from stealing it. Being "pretty upset" was not the kind of words that came to mind when describe my feelings at time. But you never know, we are all quite different people, who react in much different ways when stressed.

Sorry for the harsh language but sometimes you just have to use the most appropriate terms to describe the Arnalls, Erbeys, and Littons, etc. of this world.

My opinion

R, 4J

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There seems to be two sets of stndards here in the U.S. one where you have to dot every I cross every T and if you drive an inch over the yellow line, file a tax return or legal document wrong, or do your own electrical ofr plumbing work move an interior wall etc. you get raked over the coals and treated like a terrorist. Then there is this world.

http://www.sos.state.tx.us/border/colonias/faqs.shtml

?

Colonias FAQ's (Frequently Asked Questions)

This material is from the Federal Reserve Bank of Dallas Office of Community Affairs’ publication

"Texas Colonias: A Thumbnail Sketch of Conditions, Issues, Challenges and Opportunities"

Where are colonias found?

Colonias can be found in Texas, New Mexico, Arizona and California, but Texas has both the largest number of colonias and the largest colonia population. Approximately 400,000 Texans live in colonias. Overall, the colonia population is predominately Hispanic; 64.4 percent of all colonia residents and 85 percent of those residents under 18 were born in the United States. There are more than 2,294 Texas colonias, located primarily along the state's 1,248 mile border with Mexico.

How were colonias developed?

The development of Texas colonias dates back to at least the 1950s. Using agriculturally worthless land, land that lay in floodplains or other rural properties, developers created unincorporated subdivisions. They divided the land into small lots, put in little or no infrastructure, then sold them to low-income individuals seeking affordable housing. Colonia residents generally have very low incomes. Per capita annual income for all Texas counties bordering Mexico-where most of the colonias are located-tends to be much lower than the state average of $16,717. In border counties such as Starr, Maverick and Hidalgo, per capita annual incomes in 1994 were $5,559, $7,631 and $8,899, respectively.

Why do people buy land in colonias?

A limited supply of adequate, affordable housing in cities and rural areas along the Texas- Mexico border, coupled with the rising need for such housing has contributed to the development of new colonias and the expansion of existing ones. People with low-incomes often buy the lots through a contract for deed, a property financing method whereby developers typically offer a low down payment and low monthly payments but no title to the property until the final payment is made. Houses in colonias are generally constructed in phases by their owners and may lack electricity, plumbing and other basic amenities. Colonia residents build homes as they can afford materials.

Why isn’t more done to improve conditions in the colonias?

The colonias' growth has challenged residents, as well as county, state and federal governments and others, to seek ways to provide basic water and sewer services and to improve the quality of life in the colonias. Local public funds and other resources are often limited and unable to provide service to the current and growing colonia population. Hidalgo County, which has the most colonias and largest number of colonia residents in Texas, is typical of many border counties. For basic health and human services, environmental services and capital improvements, colonia residents must rely on an often confusing combination of local, state and federal programs, many of which come and go, depending on the political and economic climate.

What are some of the issues and challenges facing colonias?

Access to Water and Sewer Service. Because of the potentially serious consequences for public health and its effect on quality of life, one of the greatest concerns regarding the colonias is the lack of wastewater infrastructure and potable water.

Many colonias do not have sewer systems. Instead, residents must rely on alternative, often inadequate wastewater disposal methods. Septic tank systems, which in some circumstances may provide adequate wastewater disposal, often pose problems because they are too small or improperly installed and can overflow. The problem is exacerbated by the poor quality of colonia roads, which are often unpaved and covered with caliche or their materials that prevent thorough drainage. During heavy rains, water collects because of inadequate drainage systems, elevation and topography. These conditions, combined with inadequate septic tanks, often result in sewage pooling on the ground.

Even if the colonias had adequate sewer systems, the border area lacks sufficient facilities to treat wastewater. In many places, there are no treatment facilities at all. Consequently, border communities often discharge untreated or inadequately treated wastewater into canals and arroyos (a creek or stream), which then flow into Rio Grande River or the Gulf of Mexico.

Securing potable water also presents a challenge to colonia residents. Many must buy water by the bucket or drum to meet their daily needs or use wells that may be contaminated.

Colonia residents often find themselves in a catch-22 situation. Even when water lines and sewer systems are in place, many cannot access the services because their homes do not meet county building codes. Many homes, built without regard for indoor bathrooms or plumbing, are treated as substandard or dilapidated by housing inspectors. These homes cannot pass inspection to qualify for hook up to water lines, and residents cannot afford the repairs or improvements necessary to bring them up to code.

Housing. Housing in the colonias is primarily constructed by residents little by little, using available materials. Professional builders are rarely used. Residents frequently start with tents or makeshift structures of wood, cardboard or other materials and, as their financial situation allows, continue to improve their homes. Housing in older colonias tends to be better developed because residents have had more time to make improvements.

Health. Dilapidated homes, a lack of potable water and sewer and drainage systems, and floodplain locations make many colonias an ideal place for the proliferation of disease. Texas Department of Health data show that hepatitis A, salmonellosis, dysentery, cholera and other diseases occur at much higher rates in colonias than in Texas as a whole. Tuberculosis is also a common health threat, occurring almost twice as frequently along the border than in Texas as a whole. A lack of medical services compounds health problems in the colonias. In addition to a shortage of primary care providers, colonia residents' difficulty in accessing health care is compounded by other factors, including having to travel long distances to health care facilities, fear of losing wages for time spent away from work, inconvenient health care facility hours, lack of awareness of available health care programs and no health insurance. As a result, many colonia residents' health care problems go unreported and untreated. For children, these barriers can be devastating and may result in slow growth and lower educational development rates.

Unemployment. The unemployment rate in some colonias is more than eight times the state rate. A 1993 Texas A&M study discovered that unemployment in five Lower Rio Grande Valley colonias ranged from 20 percent to 60 percent, compared with the overall Texas unemployment rate of 7 percent. In addition, many colonia residents often cannot find year-round work due to the seasonal nature of their primary occupations. Fieldwork represents 29.5 percent of their jobs, construction work, 24.4 percent, and factory work, 14.9 percent.

Contract for Deed. Since the 1950s, the contract for deed has been the most frequently used financing mechanism in the colonias because many individuals have neither a credit history nor the resources to qualify for traditional bank or credit union financing. A contract for deed is a financing arrangement, often at high interest rates, whereby land ownership often remains with the seller until the total purchase price is paid.

Traditionally, contracts for deed, unlike deeds of trust, were not recorded with the county clerk, making it easy for the developer to reclaim the property, as well as making it difficult to enforce any commitment of the developers' part to provide infrastructure. If the buyer fell behind in payments, the developer could repossess the property, often within 45 days, without going through the traditional foreclosure process. Developers also could claim any improvements made on the property.

Steps are being taken to remedy some of the inequities inherent in contracts for deed. In 1995, Texas legislators passed the Colonias Fair Land Sales Act to protect those who must rely on contracts for deed to finance property. The legislation requires developers to record the contract and counties to keep a record of contracts for deed. It also requires developers to provide a statement of available services, such as water, wastewater and electricity, and whether the property is located in a floodplain. Developers must provide property buyers with an annual statement-including amount paid, amount owed, the number of payments remaining and the amount paid to taxing authorities on the purchaser's behalf.

Although the legislation sets a minimum standard for contract for deed land sales, other problems with this method of financing remain.

Contracts for deed make it difficult for home owners to secure financing to build a house or make home improvement. Because title to the land often does not transfer to the buyer until it is fully paid for, an applicant cannot use the property as collateral when applying for a loan. Therefore, financial institutions are reluctant to lend money to improve the property.

Here in the Los Angeles Area one whole city got rid of it's police force the logic was there are so many unlicensed, and uninsured drivers in the city usally with stolen, no or expired plates and registration that the residents would no longer be able to work if the laws were enforced. The above article is the official information from a ste website so just imagine what is going on nationwide. Our government is just plain inciting civil war with these double standards.
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Sara
Well, this would explain why. 

You know, we live in one of the richest and most modernized countries in the world.  It's sad that there are people who still don't have the basics for living.  No one should be forced to live on the streets nor should they be denied running water and electricity.

Sara
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4 Justice Now
There's absolutely no doubt in my mind on this issue. It's as different as night and day.  I'm always amazed to see that there are still some people out there who actually have the nerve to claim this isn't the case.

4J
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