You’re Fired | OCC Statement: Cessation of Activities by Allonhill as an Independent Consultant Under the Independent Foreclosure Review
Troubled Asset Relief Program (TARP) Disbursements (INFOGRAPHIC)
Troubled Asset Relief Program (TARP) Disbursements (INFOGRAPHIC)
Par for the Course | Floriduh Attorney General, Pam Bondi, Bashes States that Rejected Nationwide Foreclosure Settlement
Independent Foreclosure Review Fail | NY Times – Foreclosure Relief? Don’t Hold Your Breath
H.E.M.P. | New Foreclosure Program – Empty Homes go to Pot
CA’s Democrats in Congress Wake Up to Need to Address Foreclosures
Well, that’s a pretty safe statement, but when?
The San Francisco Chronicle is at least beginning to wake up to the fact that foreclosures are quite the problem in California. Yesterday, on page A-13, appeared the headline: “Foreclosure relief is key to economic recovery,” thus making me into a monkey’s uncle as promised.
It’s kind of funny, because it’s an editorial that’s not written by anybody specific, lest it offend I suppose, but it kicks off sounding like it could have been written by me… back in 2008… if I was trying not to scare anyone too much. But no worries… better 3-4 years late to a party than never showing up at all… I guess. Here’s how it opens…
“No economic recovery will take hold without serious attention paid to home foreclosures. Consumer spending, the job-heavy construction industry and bank stability hang in the balance.”
Of course, economics is one of those knee-bone-connected-to-the-ankle-bone sort of subjects, so would anyone like me to explain what hangs in the balance once consumer spending, construction jobs, and bank stability are achieved? Hmmm… I don’t want to get too technical here… oh wait, I know… how about: EVERYTHING ELSE.
Apparently, this past week, the sound of the economy’s ship going down must have awoken the majority of House Democrats from California who then just jumped all over the Obama Administration for “failing to deliver on promises to curb foreclosures.”
The Chronicle said the California Dems frustration was over “banks’ recalcitrance and the White House’s timidity to act.”
The bank’s recalcitrance? Gee, that sounds awfully harsh… I would have gone with the “bank’s obduracy.” Yeah, that really says it better, don’t you think? Much stronger. I mean, if you’re going to go after the banks for their behavior, why mince words? I don’t know about you, but when I’ve got someone rubbing my nose in poo, I don’t cower or retreat, I don’t beat around the bush either… I come right out and call them “obdurate,” as I’m sure you would as well.
Recalcitrance sounds like a health drink my grandmother used to require once a day… “Time for my daily recalcitrance, Martin… boil the water, would you be a dear?” Want a synonym for “recalcitrance?” How about: disobedience, insubordination, mutiny, noncooperation, resistance, defiance… any of those working any better for you? Well, I’m glad I could help.
As to the White House’s “timidity,” well, heck… it’s become legendary. Just so you have some idea of just how timid he is in my mind… I was having this dream the other night. I was in a bar in Chicago and all of a sudden Barack and Michelle Obama come walking in… he’s not the president or anything, just a regular couple from Chicago. So, next thing that happens we get into a heated argument, and I can’t recall what it was about exactly but he was getting all mouthy… so, I slugged Michelle right in the mouth.
(I’m kidding, Mr. Secret Service Man, I’m a kidder… ask anyone… I kid.)
Besides, in my dream I just yelled, “SCAT!” real loud, and he ran to his car and took off. Then Michelle and I had a few drinks and ended up going back to my hotel room, and… well, never mind about that.
(Kidding again… really, I’m just kidding.)
The San Francisco Chronicle says that “the president has thrown the kitchen sink at the country’s sagging economy,” and I have to admit that I did not know that. The newspaper says he’s also thrown “a stimulus package, a bank bailout plan and tax relief,” and I’d heard about those, but the kitchen sink thing was news to me.
Just as seems to be the case with every other media outlet, politician, and administration staffer in the country, the Chronicle seemed surprised that after the stimulus, the bank bailout plan and whatever tax relief the S.F. paper is talking about, “the nation’s financial pulse hasn’t picked up.”
Why do people think those things lead to the picking up of our national pulse? I mean, someone needs to walk me through the thinking in play there… real slow, because I’m not getting it.
I mean, the bank bailout plan couldn’t make the economy recover, because for an economy to recover, money has to actually go into it, not just into the pockets of 13 bankers. And the stimulus spending did help the economy in some ways, it’s just that when you’re in a hole 1,000 feet deep, and someone throws you down a12-foot ladder, you don’t exactly pop out at the top.
So, the Chronicle’s anonymous editorial writer for some reason has now reached the conclusion that the economy “won’t get better without a thorough response to home foreclosures.”
Perhaps the Chronicle was responding to the new numbers included in the editorial, which indicate that 2.2 million homeowners in California are “underwater.” Also mentioned was that on top ten list of cities with the most foreclosures, eight are in California… and a couple years back there were only five on that list, points out the Chronicle’s editorial.
I don’t understand how those two statistics could make the newspaper do something it hasn’t done in the last three years since the crisis began… you know, come right out and say that it’s fix foreclosures or we’re done… after all, those number aren’t even the worst ones I could throw at them.
The Chronicle does point out that the administration couldn’t even get an insipid little jobs bill passed, and it contained tax cuts, which are normally like red meat to Republicans. They say the president “faces a near-impossible challenge in winning bipartisan support.” Near –impossible? Okay, as in it would be “near-impossible” for me to get Donald Trump to shine my shoes for the next year during primetime, that kind of near-impossible?
The newspaper says that the White House should instead “use its administrative muscle to tap banking and consumer regulations on the books.” And I have no idea what that means, but it’s okay, I’m fine with that… tap away, by all means.
The newspaper then seems to say that by tapping regulations on the books, as described above, there will be changes that will allow people to get new loans. Here’s the paragraph in its entirety:
“This reality should lead the White House to use its administrative muscle to tap banking and consumer regulations on the books. These changes include allowing jeopardized homeowners to obtain new loans – now at historically low rates in the 4 percent range – to replace older, budget-crushing mortgages. This change alone would keep more families in their homes and give households extra cash to spend, multiplying the benefits.”
Now, I really haven’t the foggiest idea of what they’re talking about, but if it has anything to do with the president’s “new” refinancing initiative, and I’m pretty sure it does… then it won’t work, isn’t working, and never had a shot at working. It’s a stupid idea that’s proof positive that no one involved knows what their doing.
When Obama announced the Making Home Affordable program in February of 2009, there were two components: HAMP and HARP. HAMP is the Home Affordable Modification Program and HARP is the Home Affordable Refinancing Program. Neither has come anywhere close to reaching its intended objectives, nor has either made any significant contribution to mitigating the damage being caused by foreclosures.
HARP was not designed to have anything to do with foreclosures, it’s purely a refinancing program that was to put extra cash in someone’s pocket in the hopes that the money will be spent, thus stimulating the economy. Even if the program were to have worked flawlessly as designed, its capacity to help the economy would be limited… and by limited I do mean miniscule.
HARP was designed to allow someone to refinance their mortgage even though they didn’t have adequate equity for a conventional loan. If memory serves, initially a borrower could owe 115% of their home’s value, and some months after that they increased it to 125%, I believe. All of this was fine for a very small number of homeowners, certainly not those that were more seriously underwater, and none were at risk of foreclosure.
Since then, rates have remained low, so those that could refinance have refinanced. Trying to create a program that attempts to allow further refinancing in order to stimulate the economy is going to be about as effective as removing sand from the beach with a teaspoon. The fact that President Obama even brought up the idea during his last speech on job creation is evidence that the administration simply doesn’t know what to do about foreclosures.
So, let me be very clear about this in the hopes that the Chronicle will learn something:
1. If by “jeopardized homeowners,” you mean those at risk of foreclosure, then they cannot refinance. They’re too far underwater and don’t have anywhere near the credit score required to so, even if they were not as far underwater.
2. The people that have “budget-crushing mortgages” can’t refinance… period. They’re the ones that we’ve been screwing around with for the last two years over loan modifications.
3. And even if you’re talking about the small number of homeowners that do still have equity and would qualify for a loan, there are nowhere enough of them to stimulate Santa Cruz, and the ones there are have already refi’d at low rates so their potential cash savings is going to be too small to affect anything.
The Chronicle does admit that banks have been treating homeowners applying for loan modifications “roughly by losing documents, demanding endless paperwork and rejecting good-faith loan requests.”
Well, the banks have been doing a whole heck of a lot more than that to homeowners applying for loan modifications, but at least it’s a start. The Chronicle does have four words to say about the subject: “These abuses should stop.”
Oooh, snap! Now, that’s really sticking it too them. No wonder the editorial was anonymous.
Lastly, the newspaper brings up the idea of reducing the balance owed by the borrower, and acknowledges that it’s not an idea favored by the banks. But the writer of the editorial says that if the bank can’t collect it “kicks the loan to federal guarantee agencies such as Fannie Mae or Freddie Mac. That means taxpayers foot the bill.”
I know… it’s not always the case, but leave them alone, they’re on a roll.
Here’s how the Chronicle takes on the 800-pound gorilla that’s been in the room all along:
“For many homeowners not swept up in the housing and loan bubble of four years ago, it’s easy to blame the problem on profligate banks or irresponsible homebuyers. Why worry about these people?
Here’s why: The country’s economic problems won’t get better without a serious plan to clean up the foreclosure mess. Taxpayers will stay on the hook for ever greater bills as property taxes drop away, weak banks hold back on new loans, and federal agencies are stuck with the bill.”
One Question: Is it “easy to blame the problem on irresponsible homebuyers?” Or is it stupid to blame the problem on irresponsible homebuyers. Well, I suppose it’s both. It’s “easy,” because learning about what actually happened to cause the foreclosure crisis does take some time and effort, so I guess it is comparatively easy to remain ignorant.
By the way, if you still think that the foreclosure crisis was the fault of irresponsible homeowners, you might try this on for size: Think it was the borrowers? Think again. And there’s lots more where that came from.
Conclusion…
Look, it’s great to see the San Francisco Chronicle coming around to understanding the situation… but I have to say that it wasn’t unexpected. During the early years of the Great Depression, newspaper editorials were very similar to those seen during the last three years. It’s interesting to note that back then the press didn’t start understanding the nature of the economic crisis until right around 1932.
Until then, most believed that recovery was only a year or two away at most. In 1930 and 1931, according to accounts of Benjamin Roth in his “Great Depression Diary,” several article headlines in the Chicago Tribune proclaimed that “now was a good time to buy.”
And as far as placing the blame for the economic crisis of the 1930s on the bankers, well that didn’t happen right away either. It wasn’t until 1933, five years into the Great Depression that the Senate committee hearings, led by Ferdinand Pecora probed the causes of the Wall Street Crash of 1929, and resulted in the major reforms to our nation’s financial system.
So, maybe the San Francisco Chronicle isn’t late to foreclosure crisis after all. Maybe it just takes the time it takes for societies to come to terms with what’s happening during times of great change and economic upheaval.
If you’ve been with me for a while now, reading me as I bang the drum to stop foreclosures while I’ve banged my head against the proverbial wall, then I’m here to tell you that now isn’t the time to give up or slow down, now is the time to turn up the volume, work with the states to help design solutions that will bring an end to the crisis.
Because the Chronicle is correct in its assertion that: “No economic recovery will take hold without serious attention paid to home foreclosures.”
In fact, now that I think about it, I could not have said it any better myself.
Mandelman out.
Brown Wins $1 Million in Restitution for Victims of Attorney-Backed Foreclosure Rescue Scam
There are good business models and bad business models. It is not automatically true that a large scale operation is running after the money rather than service for you, but be sure to check out their references. Many if not most of these scam operations are being chased off the market with full support of the banking industry. It seems that even though the operations are less than upscale, they nevertheless delayed the foreclosure process and cost the pretender lenders money. Or check them out here with a posting and see what response you get.
CALIFORNIA ATTORNEY GENERAL BROWN NAILS THEM AGAIN!!!!
Brown Wins $1 Million in Restitution for Victims of Attorney-Backed Foreclosure Rescue Scam
LOS ANGELES – Attorney General Edmund G. Brown Jr. today announced a $1.1 million judgment against longtime Los Angeles attorney Mitchell Roth after he conned 2,000 desperate homeowners into paying him thousands of dollars to file “frivolous and phony” lawsuits that didn’t reduce a penny of mortgage debt for a single client.
“Roth promised foreclosure relief through aggressive litigation, but the frivolous and phony lawsuits he filed instead left 2,000 desperate homeowners in even greater debt,” Brown said. “This settlement forces Roth to pay $1.1 million and prohibits him from ever again preying on new victims.”
In 2008, Roth, a seasoned Los Angeles attorney, joined with Nevada-based United First, Inc. and the company’s owner, Paul Noe, to provide foreclosure relief services to homeowners struggling to pay their mortgages. Noe, who was previously convicted of wire fraud and the subject of a 2004 Department of Insurance Cease and Desist Order, operated the company and handled client solicitations, while Roth provided legal services.
Homeowners were told that if they worked with United First and hired Roth to pursue their cases in court, they could lower or eliminate their mortgage debt and save their homes.
United First charged homeowners some $1,800 in up-front fees, plus at least $1,250 each month, and 50 percent of the cash value of any settlement. If a homeowner’s debt was eliminated altogether, the homeowner was required to pay United First 80 percent of the value of the home.
After collecting up-front fees, Roth filed lawsuits on behalf of homeowners, pushing a novel legal argument that a borrower’s loan could be deemed invalid because the mortgages had been sold so many times on Wall Street that the lender could not demonstrate who owned it.
Once the lawsuit was filed, Roth did next to nothing to advance the case and often failed to make required court filings, respond to legal motions, comply with court deadlines or appear at court hearings. Instead, Roth tried to extend the lawsuits as long as possible to collect additional monthly fees from clients.
This approach did not generate a single victory in court and did not lower or eliminate the mortgage debt for a single one of the 2,000 homeowners who hired Roth and United First.
Brown filed suit last July, alleging that Roth, Noe and United First engaged in unfair competition, made untrue and misleading statements and violated California’s credit counseling and foreclosure consultant laws.
The settlement announced today requires Roth to pay $1 million in restitution to defrauded homeowners plus $125,000 in penalties, and prohibits him from ever engaging in similar conduct in the future.
Roth was admitted to the California State Bar in 1977 and resigned in April 2009, after the State Bar ordered his law firm closed.
Brown’s office continues to litigate the case against Noe and United First.
Homeowners who were defrauded by Roth and United First, or victimized by any other foreclosure rescue scam, should contact Brown’s office at 1-800-952-5225 or file a complaint online at: http://www.ag.ca.gov/consumers/general.php
.
Homeowners can also file a complaint against a lawyer, a legal specialist or a company purporting to operate as a law firm with the State Bar by calling 1-800-843-9053 or visiting http://www.calbar.ca.gov
.
United First customers who are eligible for a refund will be contacted by mail.
By law, all individuals and businesses offering mortgage-foreclosure consulting, loan modification and foreclosure-assistance services must register with Brown’s office and post a $100,000 bond. It is also illegal for loan modification consultants and businesses to charge up-front fees for their services.
Non-profit housing counselors certified by the U.S. Department of Housing and Urban Development provide free help to homeowners. To find a counselor in your area, call 1-800-569-4287.
Brown has sought court orders to shut down more than 30 fraudulent foreclosure-relief companies and has brought criminal charges and obtained lengthy prison sentences for dozens of deceptive loan modification consultants.
For more information on Brown’s action against loan modification fraud visit: http://ag.ca.gov/loanmod
.
Copies of Brown’s original complaint, filed in Los Angeles County Superior Court, and the settlement announced today are attached.
# # #
You may view the full account of this posting, including possible attachments, in the News & Alerts section of our website at: http://ag.ca.gov/newsalerts/release.php?id=1979
Filed under: foreclosure
Noose Tightening — Foreclosure Consultants
Interesting Post from Anna:
Editor’s Note: As I have repeatedly said unless the pretender lender volunteers, NOTHING stops a foreclosure other than an Order signed by a Judge in a Court of competent jurisdiction, which includes the automatic stay relief afforded by filing a petition for debtor relief in Chapter 7, 11 or 13 Bankruptcy.
NOBODY has a right to advise you or REPRESENT you as an advocate ON YOUR CASE except a licensed professional whose liclense includes within its scope the ability to give such advice. Ordinarily that would be a lawyer.
The FACT that most lawyers are regularly committing malpractice because they don’t read the documents and they have not brought themselves up to speed on securitization of loans — mortgage, auto, student, credit cards and other consumer loans, is NOT a reason to go to someone else that will tell you what you want to hear. THAT is a prescription to further disaster, depleting you of funds that are already low.
There is no short-cut and no magic bullet. You need information, you need help, you need advice and a strong, experienced, licensed advocate to represent your interests. Anything you get here is not and cannot be construed to be advice on YOUR case. How could it, we haven’t even met.
Like forensic analysis, expert declarations, and legal research, this blog gives you tools to go to the next step in setting up a possible defense if it applies to you. You find that out in Court, not in some office where the the furniture was moved in last week, and will be moved out in a few months after they have collected enough retainers.
——————-
Four Arrested, Five Wanted for Fleecing Hundreds of Homeowners Seeking Foreclosure Relief
**NOTE: Contact information for victims willing to speak with the press is available upon request**
LOS ANGELES – Attorney General Edmund G. Brown Jr. today announced that nine men engaged in a Southern California boiler room, tricked out in high-roller style with a roulette wheel and other casino equipment, have been charged with 97 criminal counts for stealing at least $2.3 million from more than 1,500 desperate homeowners who were promised loan modifications but received no relief.
Arrested Tuesday and Wednesday night were Gregg Scott Quinn, 37, of Camarillo and Juan Pierre Washington, 40, of Winnetka, who worked as company sales managers and supervisors. They are being held at Los Angeles County Jail.
Gary Arnold Eisenberg, 71, of Westwood, a top telemarketer with the company, and Ira Itskowitz, 58, a sales manager, each spent more than five years in federal prison for previous fraud convictions and are already in federal custod! y for violating parole in connection with their participation in the scheme.
The four principal owners of the business, Niv Iskin, 30, of Reseda, Reviv Karpman, 38, of Tarzana, Tomer Kogman, 29, of Receda and Avraham Yechizkia, 34, of Encino; and a sales manager, Barel Iskin, 23, of Woodland Hills, are still being pursued by law enforcement.
“This company was just a boiler room, long on promises and upfront fees but short on foreclosure relief,” Brown said. “Its operators cruelly defrauded citizens trying valiantly to hang on to their homes.”
Brown’s office initiated its investigation in March 2009 in response to numerous consumer complaints against the defendants’ Canoga Park-based loan modification business, which operated as Mason Capital Group, LLC and Gretchen Fox and Associates.
When agents executed a search warrant at the office, they found a Las Vegas casino-themed sales floor complete with craps, poker and bl! ack jack tables fashioned as workstations, and a roulette whee! l that top-selling telemarketers spun for cash bonuses (see photos attached).
Between January 2008 and June 2009, the four owners took in at least $2.3 million in up-front fees, which ranged from $1,000 to $5,000, from more than 1,500 homeowners throughout the country. In almost every case, no loan modifications were completed, as promised. Financial records indicate that the four owners spent hundreds of thousands on private school tuition, travel, entertainment, shopping and other personal expenses while running Mason Capital Group, LLC and Gretchen Fox and Associates.
To corral sales, the four owners used a telemarketing operation that targeted homeowners facing mortgage payment increases or foreclosure. During an initial call, the telemarketers touted the company’s team of “attorneys, forensic accounting personnel, and loan negotiators” available to negotiate reductions in interest rates, monthly payments and principal balances; their suppos! ed 90% to 100% loan modification success rate and refund guarantee. The telemarketers then collected financial information from homeowners to determine if they “qualified” for the company’s services.
Soon after the initial call, homeowners received a follow-up call to inform them that their case had been “reviewed” and “approved.” Telemarketers closed sales by insisting the approval would expire unless homeowners acted quickly, while reminding them about the refund guarantee if promised results were not achieved.
In fact, the company completed very few loan modifications, rarely contacted lenders, failed to honor the refund guarantee, employed unlicensed “loan processors” and had no legal staff negotiating with lenders.
While homeowners waited, they were told their loan modifications, or refunds, would be voided if they tried independently to contact their lender. Many lost their homes to foreclosure as a result.
To skirt the state’s foreclosure laws, avoid paying refunds and concea! l profits, the owners changed company names, claimed bankruptcy and shifted loan modification files to another business they created called, American Financial Group, LLC.
Investigators located victims in dozens of California cities, including: American Canyon, Anaheim, Antioch, Artesia, Atwater, Bakersfield, Ceres, Chico, Cotati, Cloverdale, Crestline, Delano, Elk Grove, Encino, Fountain Valley, Fremont, Fresno, Guerneville, Hanford, Hayward, Hercules, Hood, Indio, La Jolla, Lancaster, Laguna Hills, Lodi, Long Beach, Los Angeles, Manteca, Modesto, Montclair, N. Hollywood, Newhall, Newman, North Highlands, Oakdale, Oakland, Ontario, Palmdale, Pittsburg, Pleasanton, Poplar, Porterville, Redding, Richmond, Riverbank, Rodeo, Sacramento, San Jose, San Pablo, Santa Clara, Santa Rosa, Sebastopol, Stanton, Stockton, Tracy, Tulare, Turlock, Union City, Upland, Valley Village, Van Nuys, Visalia, W. Sacramento and Yuba City.
Brown’s office will seek restit! ution for victims of this scam.
By law, all individuals and businesses offering mortgage foreclosure consulting or loan modification and foreclosure assistance services must register with Brown’s office and post a $100,000 bond. It is also illegal for loan modification consultants to charge up-front fees for their services.
Non-profit housing counselors certified by the U.S. Department of Housing and Urban Development provide free help to homeowners. To find a counselor in your area, call 1-800-569-4287.
If you are a homeowner who has been scammed, contact Brown’s office at 1-800-952-5225 or file a complaint online at: http://www.ag.ca.gov/consumers/general.php
.
Brown has sought court orders to shut down more than 30 fraudulent foreclosure relief companies and has brought criminal charges and obtained lengthy prison sentences for dozens of other deceptive loan modif! ication consultants. For more information on Brown’s action against lo! an modification fraud visit: http://ag.ca.gov/loanmod
.
The 97 criminal counts filed against the nine defendants, include 63 counts of grand theft, 26 counts of unlawful foreclosure consulting, 7 counts of tax evasion and 1 count of conspiracy.
The United States Postal Inspection Service assisted in the investigation.
Copies of the complaint, filed in Los Angeles County Superior Court, and the Arrest Warrant are attached.
Filed under: foreclosure
Foreclosure relief plan coming up short
Treasury officials acknowledged problems in the government’s latest mortgage-modification program and announced changes at a highly critical hearing.
Foreclosure – Mortgage modification – Business – United States – Mortgage











