Lowell Steiger's Subprime Litigation Law Blog

Homeowner’s Checklist for Avoiding Foreclosure: Part 4 of 4 Other Things to Know

How has the Subprime Crisis affected you? 

      

• Foreclosure?

·       Victim of Real Estate Fraud? 

·       Skyrocketing mortgage payments?

·       Negative credit rating?

·       Victim of Predatory Lending? 

·       Misled by lenders?

Call or e-mail me to learn about your legal rights.  Maybe all is not yet lost...

Lowell

Steiger, Attorney at Law (323) 852-1100

Homeowner’s Checklist for Avoiding Foreclosure: Part 4 of 4

You may not be having financial trouble now, but many people do have money problems at some point in their lives. This checklist is not comprehensive and is not intended to provide legal advice. If you need legal advice, you should speak with a lawyer -- whether it be me or another attorney who can help you in this area.

The best way to avoid foreclosure is to make your mortgage the first bill that you pay each month. However, that is not always possible.  The following pages provide general suggestions and ideas as to how you can prepare for and work through tough times. 

                I will be publishing this Checklist in Four Weekly Installments (see schedule below).  However, please e-mail me at lowell@steigerlaw.com if you would like the entire checklist and I will be happy to forward it to you immediately!

Publishing Schedule of Homeowner’s Checklist for Avoiding Foreclosure

April 12, 2008:            Before Trouble Starts

April 19, 2008:            When Things Start to Feel Tight

April 26, 2008:            After Falling Behind

May 3, 2008  :              Other Things to Know

Talk to a lawyer or counselor experienced in default and delinquency counseling

·         If you cannot reach a solution with your bank

·         If you disagree with the amount the bank says you owe

·         If you wish to consider filing bankruptcy

·         Foreclosures move very quickly

·         Keep track of deadlines

·         Do not wait until the last minute to get help

·         Your rights will be cut off once the foreclosure sale takes place

·         Foreclosures are public

·         Foreclosure notices appear in newspapers and court records

·         Some people may try to take advantage of you by offering a quick fix

·         Carefully review offers to refinance or consolidate your credit card debts with your mortgage as this may make matters worse

·         Avoid deals with high interest rates and large fees

·         Do not agree to sell your home to someone who claims they will lease it back to you

·         Talk to a lawyer or housing counselor before you sign anything

·          Where to go for help

o       Your local non-profit housing organization

o       Your mortgage company

o       The

U.S.

Department of Housing and Urban Development (HUD)

Homeowner’s Checklist for Avoiding Foreclosure: Part 3 of 4 After Falling Behind

How has the Subprime Crisis affected you? 

·    Foreclosure?

·      Victim of Real Estate Fraud? 

·      Skyrocketing mortgage payments?

·      Negative credit rating?

·      Victim of Predatory Lending? 

·      Misled by lenders?

Call or e-mail me to learn about your legal rights.  Maybe all is not yet lost...

Lowell

Steiger, Attorney at Law (323) 852-1100

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Homeowner’s Checklist for Avoiding Foreclosure: Part 3 of 4

You may not be having financial trouble now, but many people do have money problems at some point in their lives. This checklist is not comprehensive and is not intended to provide legal advice. If you need legal advice, you should speak with a lawyer -- whether it be me or another attorney who can help you in this area.

The best way to avoid foreclosure is to make your mortgage the first bill that you pay each month. However, that is not always possible.  The following pages provide general suggestions and ideas as to how you can prepare for and work through tough times.

                I will be publishing this Checklist in Four Weekly Installments (see schedule below).  However, please e-mail me at lowell@steigerlaw.com if you would like the entire checklist and I will be happy to forward it to you immediately!.

Publishing Schedule of Homeowner’s Checklist for Avoiding Foreclosure

April 12, 2008:            Before Trouble Starts

April 19, 2008:            When Things Start to Feel Tight

April 26, 2008:            After Falling Behind

May 3, 2008  :              Other Things to Know

After Falling Behind

Identify the problem.

·    What caused your current situation (job loss, illness, divorce, decreased income)

·    How long do you expect your difficulty to last 

·    What specific type of help do you need 

·    How much can you afford to pay toward your mortgage

Communicate

·    Speak with your bank's delinquent loan or loss mitigation specialist

·    Explain your situation

·    Ask for a mortgage workout package

·    Keep a phone log that shows the date and time of your call, who you spoke to, the person's phone number, and what was said 

·    Follow up your phone call with a letter and keep a copy for yourself 

·    Send all letters by certified mail and keep the receipt 

Pay what you can and save the rest 

·    Send to the bank as much of the mortgage payment as possible 

·    If the bank returns your payment, save the money and do not spend it on other bills

            

Know Your Options.  There are many ways the bank can help you if you fall behind on your mortgage. Which one you choose/need and what the bank allows will depend on your individual situation

·    Reinstatement: You give the bank all of the back payments you owe and start making your regular monthly payment. 

·    Partial Reinstatement: You pay at least one-half of the back payments first and agree to a repayment plan for the rest of what you owe. 

·    Repayment Plan: You make the regular mortgage payment plus an additional amount toward the back payments until you are caught up (usually no longer than 12 months). If the bank sets up a repayment plan for you, make sure it is reasonable. Do not agree to a plan that will not work for you. 

·    Forbearance: The bank agrees that for a limited period of time it will accept a lower monthly payment or no monthly payment.  At the end of the forbearance agreement you must bring the account current.

·    Modification: The bank agrees to change one or more terms of the mortgage. Possible changes include: reducing the interest rate, extending the term of the mortgage and adding the arrears to the unpaid principal balance of your loan.

·    Short Sale: The bank may let you sell the home even if you owe more than the property is worth and agree to accept the lesser amount as payment in full. You must have a buyer and a signed purchase and sale agreement. Anyone else who has a lien on the property and the private mortgage insurer, if there is one, must also agree to the short sale. 

·    Make Whole

Sale

: You sell the home and the money from the sale pays off the mortgage and any other liens on the property. A make whole sale does not require the bank's approval.

·    Refinance: You take out a new mortgage to pay off the old mortgage. Sometimes it makes sense to refinance. You should contact a legitimate lender and proceed carefully. Beware of large fees and high interest rates. 

·    Deed-In-Lieu: You cannot afford to keep the home and you give the house back to the bank. Do not ask for a deed-in-lieu when you have equity in the property or when a short sale is possible. The bank will not accept a deed-in-lieu if there are other liens on the property.

Documentation for A Workout (May vary from bank to bank)

·    Signed and dated letter that briefly explains what happened 

·    Documentation of your hardship (doctor's letters, etc.)

·    One month worth of pay stubs or other proof of income

·    Two most recent signed federal tax returns and W2s (3 years if self-employed)

·    An accurate budget showing all of your monthly income and expenses

·    A list of your assets (cars, bank accounts, etc.) 

·    A list of your liabilities (mortgages, loans, liens, other outstanding debts)

·    This package must be complete before the bank will review it

 

Keep copies for your file

Foreclosure "Rescue" Scams

Yahoo! News published a fascinating article by Nick Carey entitled "Troubled Homeowners Fall Prey to 'Rescue' Scams." 

Among the byproducts of the U.S. housing crisis is a surge in scams that cheat people out of their money, their homes, or both, under the guise of offering to rescue them from foreclosure.

"There is a lot of money to be made if you are good at committing fraud," said Debra Zimmerman, an attorney at Los Angeles-based Bet Tzedek Legal Services, which provides free legal assistance to stricken home owners. "Foreclosure rescue scams are big business right now."

Groups like Zimmerman's say that as soon as borrowers end up in foreclosure -- a matter of public record in the United States - they are bombarded with calls, leaflets and knocks on the door from people armed with fraudulent offers of help.

Huston Julian, 54, of Eastpointe, Michigan, nearly fell for such a scam. Julian bought a home in this working class suburb of Detroit in October 2006, but fell behind with his $1,084 monthly payment when his disability benefits were cut off. He ended up in foreclosure in December. Read the rest of the article here

According to Fraudguides.com, Mortgage Foreclosure Rescue Scams usually fall into one of three categories:

• Phantom Help: The "rescuer" charges very high fees for basic phone calls and paperwork that the homeowner could have done on his or her own
• Bailout: "Rescuer" helps homeowner get rid of their house and, somehow, title always ends up in the "rescuer's" name
• Bait and Switch: Scammers tell victim they are signing new loan documents to bail them out of current problems but they are actually signing forged documents that give the scammers ownership of their home.  Victim will still owe for the mortgage but will no longer have the asset.
• Click here to read the full article

The National Consumer Law Center, Inc. has published a 4 page treatise entitled Consumer Facts for Older Americans which warns that "older Americans who have fallen behind on their mortgage payments are being disproportionately targeted for so-called "rescue" scams."  They discuss the issues of Phantom Help, False "Bailouts" and Bait-and-Switch scams.  The article goes on to describe how a foreclosure rescue scam works, how to avoid foreclosure "rescue" scams, some major don'ts for homeowners in trouble and they provide a link to their 68 page report Dreams Foreclosed: The Rampant Theft of Americans' Homes Through Equity Stripping Foreclosure "Rescue" Scams.

A Google search on Rescue Scams provides a wealth of links with some very valuable information.

*************************************************************************************************************************

How has the Subprime Crisis affected you? 

• Foreclosure?
• Victim of Real Estate Fraud? 
• Skyrocketing mortgage payments?
• Negative credit rating?
• Victim of Predatory Lending? 
• Misled by lenders?

Call or e-mail me to learn about your legal rights.  Maybe all is not yet lost...

Lowell Steiger, Attorney at Law (323) 852-1100

lowell@steigerlaw.com

Homeowner’s Checklist for Avoiding Foreclosure: Part 2 of 4 When Things Start To Feel Tight

How has the Subprime Crisis affected you? 

• Foreclosure?
• Victim of Real Estate Fraud? 
• Skyrocketing mortgage payments?
• Negative credit rating?
• Victim of Predatory Lending? 
• Misled by lenders?

Call or e-mail me to learn about your legal rights.  Maybe all is not yet lost...

Lowell Steiger, Attorney at Law (323) 852-1100

***************************************************************************************************

Homeowner’s Checklist for Avoiding Foreclosure: Part 2 of 4

You may not be having financial trouble now, but many people do have money problems at some point in their lives. This checklist is not comprehensive and is not intended to provide legal advice. If you need legal advice, you should speak with a lawyer -- whether it be me or another attorney who can help you in this area.

The best way to avoid foreclosure is to make your mortgage the first bill that you pay each month. However, that is not always possible.  The following pages provide general suggestions and ideas as to how you can prepare for and work through tough times. 

            I will be publishing this Checklist in Four Weekly Installments (see schedule below).  However, please e-mail me at lowell@steigerlaw.com if you would like the entire checklist and I will be happy to forward it to you immediately!

Publishing Schedule of Homeowner’s Checklist for Avoiding Foreclosure

April 12, 2008:          Before Trouble Starts

April 19, 2008:          When Things Start to Feel Tight

April 26, 2008:          After Falling Behind

May 3, 2008  :           Other Things to Know

When Things Start to Feel Tight

Where is the money going?

·         Create a budget that shows your current income and expenses

·         Review every item on your budget

·         Prepare a revised, realistic budget that you can live with until your circumstances improve

·         Increase your income.

o       Collect federal and state benefits if you are eligible

o       Claim the earned income tax credit if you are eligible

o       Stop all voluntary deductions being taken out of your paycheck

o       Consider selling unnecessary property to raise money

o       Reduce your expenses.

o       Review every expense for potential savings -- reduce or eliminate unnecessary expenses

o       Pay only for the type of phone service you need

o       Cancel cable television service temporarily

o       Identify ways to conserve on energy and other utilities

o       Participate in a home weatherization program

o       Review your homeowner's and auto insurance policies and shop around

o       Claim the owner occupant property tax exemption and others for which you are eligible

Other Considerations

·         Contact your mortgage servicer at the first sign of trouble

·         Ask your utility company for budget billing so you can pay the same amount each month

·         If you are behind on your utility bills, start an affordable repayment plan

Homeowner’s Checklist for Avoiding Foreclosure: Part 1 of 4 Before Trouble Starts

How has the Subprime Crisis affected you? 

• Foreclosure?
• Victim of Real Estate Fraud? 
• Skyrocketing mortgage payments?
• Negative credit rating?
• Victim of Predatory Lending? 
• Misled by lenders?

Call or e-mail me to learn about your legal rights.  Maybe all is not yet lost...

Lowell Steiger, Attorney at Law (323) 852-1100

***************************************************************************************************

Homeowner’s Checklist for Avoiding Foreclosure: Part 1 of 4

You may not be having financial trouble now, but many people do have money problems at some point in their lives. This checklist is not comprehensive and is not intended to provide legal advice. If you need legal advice, you should speak with a lawyer -- whether it be me or another attorney who can help you in this area.

The best way to avoid foreclosure is to make your mortgage the first bill that you pay each month. However, that is not always possible.  The following pages provide general suggestions and ideas as to how you can prepare for and work through tough times. 

            I will be publishing this Checklist in Four Weekly Installments (see schedule below).  However, please e-mail me at lowell@steigerlaw.com if you would like the entire checklist and I will be happy to forward it to you immediately!.

Publishing Schedule of Homeowner’s Checklist for Avoiding Foreclosure

April 12, 2008:          Before Trouble Starts

April 19, 2008:          When Things Start to Feel Tight

April 26, 2008:          After Falling Behind

May 3, 2008  :           Other Things to Know

Before Trouble Starts

Start a file, in a safe place, for records relating to your home.

·         Purchase and sale agreement

·         Mortgage application

·         Closing documents

·         Property tax bills

·         Property insurance information

·         Letters you receive from and copies of letters you mail to the bank

·         Use checks or money orders to pay bills.

·         Do not send cash

·         Do not use credit cards

·         Keep a record of all payments (date paid and check number)

·         Correct errors quickly

·         Pay high priority bills first.

o       Food

o       Mortgage

o       Utilities (heat, hot water, electricity, gas)

o       Do not pay credit cards or other unsecured debts before the mortgage

Understanding and Reporting Suspected Predatory Lending Fraud

How has the Subprime Crisis affected you? 

• Foreclosure?
• Victim of Real Estate Fraud?
• Skyrocketing mortgage payments?
• Negative credit rating?
• Victim of Predatory Lending?
• Misled by lenders?

Call or e-mail me to learn about your legal rights.  Maybe all is not yet lost...

Lowell Steiger, Attorney at Law (323) 852-1100

lowell@steigerlaw.com

As we learn more and more about predatory lending and the subprime mortgage crisis, I think it is imperative that you read the following article written by the Mortgage Bankers Association (MBA). 

Understanding and Reporting Suspected Predatory Lending and Fraud

MBA and its members actively fight against predatory lending. Lending practices that strip equity away from homeowners or place them in financial hardship are considered abusive and predatory. Avoid becoming a victim by learning how to identify the types of abusive lending practices, scams or other questionable business practices that predatory lenders use.

The questions below provide a means for you to determine whether someone could be misleading you about a loan and its costs to you. Questions 1 and 2 relate to mortgage fraud, while questions 3-10 are associated with predatory lending. Answering "yes" to any of the questions does not mean you are or have been a victim of fraud or predatory lending.

However, if you do answer "yes" to some of the questions, we recommend you contact the appropriate agency or agencies (see Have a Complaint?) to guide you. In addition, local law schools often have helpful clinics and may be able to provide legal assistance if needed.

MBA also has developed a Borrower's Bill of Rights that is designed to help borrowers understand how they should expect to be treated in the mortgage lending process. Click the link to the right to read this guide. You may want to print it out for reference.

Fraud-related issues

1. Were you encouraged to include false information on your loan application?

2. Were you asked to leave signature lines or any other important line-item of any form blank? Did the lender or broker alter any information you entered on your loan application?

Predatory lending indicators

3. Check your loan file. Are any of the following disclosures missing?

• Good Faith Estimate (PDF)
• Special Information Booklet (PDF)
• Truth in Lending (PDF)
• HUD-1 Settlement Statement (PDF)

4. Have you refinanced your loan several times and in each instance either your monthly payment and/or the total amount you owe on your home increased?

5. Do your documents reveal that your interest rate calculation will change to require you to pay "daily interest" in instances when your payments are late? Are there any pre-payment penalties if you want to pay off or refinance your loan (see article at http://www.freddiemac.com/singlefamily/pdf/ppm.pdf)?

6. Is your loan amount higher than the value of the home?

7. Did you incur any unexpected costs at settlement that were not explained to you prior to the settlement?

8. After settlement, were you surprised to find that the monthly payments on your mortgage loan were higher than you anticipated based on the initial disclosures?

9. If you have a balloon loan (one in which after a series of low payments the entire loan balance is due in a large lump sum), will you need to obtain another loan to finance that final lump-sum amount?

10. Were you required to buy credit insurance, insurance that will repay the debt if you die or become disabled? (Note: Credit insurance is optional and will not affect your loan decision if you decline to buy it. It can, however, add considerable cost to the loan transaction. You should decide carefully whether you are going to purchase credit insurance. See article at http://www.bankrate.com/brm/news/mtg/20010726a.asp).

Federal laws
These are the most important federal laws that protect your rights during the closing process:

Real Estate Settlement and Procedures Act (RESPA) GO »
RESPA requires that consumers receive disclosures at various times in the mortgage processing transaction and outlaws kickbacks that increase the cost of settlement services. RESPA is a HUD consumer protection statute designed to help homebuyers be better shoppers in the home buying process, and it is enforced by HUD.

Truth in Lending Act (TILA) GO »
The Consumer Credit Protection Act of 1968 launched Truth in Lending disclosures. For the first time creditors had to state the cost of borrowing in a common language so that you—the consumer—could figure out what the charges are, compare costs, and shop for the best credit deal.

State laws
Other laws in your state may be in force to protect you from abusive lending practices such as excessive high fees and high rates, given your credit profile. High fees include charges for items such as pre-payment penalties and credit life insurance.

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How has the Subprime Crisis affected you? 

• Foreclosure?
• Victim of Real Estate Fraud? 
• Skyrocketing mortgage payments?
• Negative credit rating?
• Victim of Predatory Lending? 
• Misled by lenders?

Call or e-mail me to learn about your legal rights.  Maybe all is not yet lost...

Lowell Steiger, Attorney at Law (323) 852-1100

lowell@steigerlaw.com

Ex Sub-Prime Borrowers Living In Tents

The BBC has produced a shocking video depicting ex-subprime borrowers, once proud homeowners, now living in tent cities that have sprung up in Southern California as victims of the mortgage crisis lose their homes. 

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How has the Subprime Crisis affected you? 

• Foreclosure?
• Skyrocketing mortgage payments?
• Negative credit rating?
• Misled by lenders?

Call or e-mail me to learn about your legal rights.  Maybe all is not yet lost...

If you've been injured, visit

Lowell Steiger's Los Angeles Law Blog 

Lowell Steiger, Attorney at Law (323) 852-1100

lowell@steigerlaw.com

Predatory Lending Practices Defined

The National Association of Consumer Advocates is a fantastic organization comprised of attorneys and other individuals dedicated to championing consumer rights -- your rights.  They are there for the consumer when it comes to:

• Auto Fraud
• Credit Reporting Problems
  • Debt Collection Abuse
  • Identity Theft
  • Lemon Law
  • Military Consumer Rights
  • Predatory Lending Practices
  • Student Loans

I have a particular interest in the substance of their organization as my practice is now taking on the types of cases which the National Association of Consumer Advocates addresses.

Of topical note is their published piece on predatory lending practices, the substance of which is posted below:

Predatory Lending Practices

There are a number of different forms that predatory lending takes. In each instance, however, a financial institution takes unfair advantage of a consumer’s financial needs by charging usurious interest rates and other unconscionable fees and charges:

Predatory Mortgage Lending: drains wealth from families, destroys the benefits of homeownership, and often leads to foreclosure. It is estimated that predatory mortgage lending costs Americans more than $9.1 billion each year.

Predatory mortgage lending involves a wide array of abusive practices. Here are brief descriptions of some of the most common.

Excessive fees: Points and fees are costs not directly reflected in interest rates. Because these costs can be financed, they are easy to disguise or downplay. On competitive loans, fees below 1% of the loan amount are typical. On predatory loans, fees totaling more than 5% of the loan amount are common.

Abusive prepayment penalties: Borrowers with higher-interest subprime loans have a strong incentive to refinance as soon as their credit improves. However, up to 80% of all subprime mortgages carry a prepayment penalty -- a fee for paying off a loan early. An abusive prepayment penalty typically is effective more than three years and/or costs more than six months’ interest. In the prime market, only about 2% of home loans carry prepayment penalties of any length.

Kickbacks to brokers (yield spread premiums): When brokers deliver a loan with an inflated interest rate (i.e., higher than the rate acceptable to the lender), the lender often pays a “yield spread premium" -- a kickback for making the loan more costly to the borrower.

Loan flipping: A lender "flips" a borrower by refinancing a loan to generate fee income without providing any net tangible benefit to the borrower. Flipping can quickly drain borrower equity and increase monthly payments -- sometimes on homes that had previously been owned free of debt.

Unnecessary products: Sometimes borrowers may pay more than necessary because lenders sell and finance unnecessary insurance or other products along with the loan.

Mandatory arbitration: Some loan contracts require "mandatory arbitration," meaning that the borrowers are not allowed to seek legal remedies in a court if they find that their home is threatened by loans with illegal or abusive terms. Mandatory arbitration makes it much less likely that borrowers will receive fair and appropriate remedies in cases of wrongdoing.

Steering & Targeting: Predatory lenders may steer borrowers into subprime mortgages, even when the borrowers could qualify for a mainstream loan. Vulnerable borrowers may be subjected to aggressive sales tactics and sometimes outright fraud. Fannie Mae has estimated that up to half of borrowers with subprime mortgages could have qualified for loans with better terms. According to a government study, over half (51%) of refinance mortgages in predominantly African-American neighborhoods are subprime loans, compared to only 9% of refinances in predominantly white neighborhoods.

Short Term Predatory Lending

Payday Lending (sometimes called cash advance): is the practice of using a post-dated check or electronic checking account information as collateral for a short-term loan. To qualify, borrowers need only personal identification, a checking account, and an income from a job or government benefits, like Social Security or disability payments.

Overdraft Loans (also called "bounce protection" plans): are offered by banks to low-income consumers. In exchange for covering account overdrafts up to a set dollar limit, banks charge bounced check fees, ranging from about $20 to $35 for each transaction. Some banks also charge a per day fee of $2 to $5 until the consumer's account has a positive balance. In addition to writing checks, customers can borrow against their bounce protection limit using their debit cards and by making ATM withdrawals.

Car Title Loans: Like payday loans, car title loans are marketed as small emergency loans, but in reality these loans trap borrowers in a cycle of debt. A typical car title loan has a triple-digit annual interest rate, requires repayment within one month, and is made for much less than the value of the car. Car title loans put at high risk an asset that is essential to the well-being of working families -- their vehicle.

Tax Refund Anticipation Loans (RALs): are short-term cash advances against a customer's anticipated income tax refund. But the loans are offered at high interest rates, ranging from about 40% to over 700% APR. Also, they speed up the refund process by as little as one week, compared to what consumers can expect by filing online and having their refunds deposited directly into their banking accounts.

*******************************************************************************************************

How has the Subprime Crisis affected you? 

• Foreclosure?
• Skyrocketing mortgage payments?
• Negative credit rating?
• Misled by lenders?

Call or e-mail me to learn about your legal rights.  Maybe all is not yet lost...

If you've been injured, visit

Lowell Steiger's Los Angeles Law Blog

Lowell Steiger, Attorney at Law (323) 852-1100

lowell@steigerlaw.com

Attorney General Brown Shuts Down Mortgage Scam Artists

How has the Subprime Crisis affected you? 

• Foreclosure?
• Skyrocketing mortgage payments?
• Negative credit rating?
• Misled by lenders?

Call or e-mail me to learn about your legal rights.  Maybe all is not yet lost...

Lowell Steiger, Attorney at Law (323) 852-1100

lowell@steigerlaw.com

Attorney General Brown Shuts Down Mortgage Scam Artists

From the Attorney General of California's Website: LOS ANGELES, March 18, 2008 —California Attorney General Edmund G. Brown Jr. today shut down Lifetime Financial, Nations Mortgage, Greenleaf Lending, Virtual Escrow, Olympic Escrow and Direct Credit Solutions, accusing the predatory lending companies of pushing homeowners into “illegal and unconscionable loans.”

“As the mortgage crisis worsens, a growing number of fly-by-night companies are employing utterly brazen tactics to push homeowners into illegal and unconscionable loans,” Attorney General Brown said. “The illegal sales practices of these companies, run by Eric Pony and his family, included psychological pressure, forgery, and outright lies,” Brown added.

The companies ran a complex predatory lending scheme using bait and switch tactics to victimize thousands of consumers in California, many of whom have lost their homes.

Yesterday, the Los Angeles Superior Court, at the request of the attorney general, froze all the companies’ real estate and bank accounts and enjoined them from engaging in further predatory practices. The freeze order also included expensive cars and millions of dollars in private real estate owned by Eric Pony. Brown also seeks an estimated $20 million in penalties and restitution.

In the coming weeks, Brown intends to bring additional legal actions, both civil and criminal, against other mortgage lenders and foreclosure consultants who are taking advantage of homeowners across California.

San Bernardino District Attorney Michael A. Ramos also announced that several individuals affiliated with Lifetime Financial were arrested this morning on charges including conspiracy, grand theft, forgery and elder abuse. “These predatory lenders have taken advantage of people who placed their trust, as well as their homes, in the hands of these unscrupulous business people,” San Bernardino District Attorney Ramos said.

THE SCAM

Lifetime Financial, Nations Mortgage and Greenleaf Lending operate predatory lending schemes to cheat homeowners by promising unrealistically low mortgage payments and then switching them to loans that do not match the original agreement. Telemarketers lure consumers by telling them that they are preapproved for a fixed rate loan of 5% to 6% which could lower monthly payments by hundreds of dollars.

Although the exact number of victims is unknown at this time, Eric Pony, the President of Lifetime Financial, claims to have arranged thousands of loans. During the investigation that led to today’s lawsuit, the California Attorney General’s Office took declarations from more than twenty individuals who had been scammed by these companies.

Lifetime Financial arranged loans with hidden fees of up to $20,000. In addition to these fees, consumers end up with loans that have worse financial terms than their original mortgage.

In some cases, consumers were saddled with monthly payments that exceeded their entire monthly income. Many consumers have either lost their homes to foreclosure or are facing foreclosure as a result of engaging in these transactions.

Telemarketers initially request only a nominal payment for a home appraisal. Appraisers then inflate home values to qualify the homeowners for much higher loans than are appropriate. The companies never provide copies of theses appraisal reports to consumers.

Next, a salesperson shows up at the victim’s house, sometimes as late as 11:45 at night, with documents that are incomplete or contain terms that are vastly different from those originally promised. If consumers complain about the terms, the salespeople tell them that there is a mistake but they should just sign the paperwork to “keep this great deal.”

If a consumer refuses to sign the documents, company employees forge the customer’s signature. In some instances, the forgeries are so blatant that the victims’ names are misspelled.

As a result of these tactics, the final mortgage documents always contain extremely unfavorable terms that are substantially worse than originally promised by the telemarketers. Other fraudulent and unlawful practices include the following:

• Offering thousands of dollars in cash back without disclosing that the money would be used to cover high fees
• Falsely promising to reimburse prepayment penalties from the victim’s current lender
• Pressuring victims to sign inaccurate loan documents by promising to correct excessive fees
• Failing to provide copies of signed documents
• Forging victims names and signatures on loan documents
• Falsifying income information on loan applications and creating fake references
• Refusing to honor written demands to cancel loans

If a consumer tries to back out of the transaction, the companies promise to waive thousands of dollars in various processing, application, origination and underwriting fees. If the consumers agree, sales representatives provide a new statement but then resubmit the original forms, ultimately charging the same excessive fees.

THE SCAM ARTISTS

Lifetime Financial, Nations Mortgage, and Greenleaf Lending, all located in Los Angeles, operated complex real estate schemes involving, by Eric Pony’s own admission, thousands of transactions. Documents obtained during a recent search warrant confirmed that Lifetime Financial recently received more than $1.7 million from Olympic Escrow.

Some of the key players involved in companies’ conspiracy to rip off homeowners include the following individuals:

• Eric Pony, 25, a real estate sales person until he surrendered his license in September 2007 following an investigation by the California Department of Real Estate. Eric Pony is also known to use the alias “Oren” to conceal his unlawful practices.
• Paulette Pony, 23, Eric’s sister and a notary public for Lifetime Financial until her license was revoked in December 2007 by the California Secretary of State for felony conspiracy charges and failing to disclose a 2003 forgery conviction.
• Wilma Pony, 58, Eric’s mother, who also worked as a notary for Lifetime and is the President and Chief Executive Officer of Nations Mortgage, Inc. and Direct Credit Solutions, Inc., organizations which are also being sued today by the attorney general.

Lifetime Financial, and its web of affiliate organizations, has also operated out of Encino, Canoga Park, Glendale and North Hollywood.

The Pony family employed a team of telemarketers, notaries, brokers and escrow officers to peddle their fraudulent loan applications. These suspects, who solicited consumers in Spanish, English and Tagalog, knowingly broke the law in an effort to push consumers into loans they could not afford. The companies charged consumers with excessive hidden fees, as high as $20,000. Other suspects sued today include the following persons:

• Eli Hassine, 25, who was appointed a notary public in January 2005.
• John D H N Nielsen, a.k.a. Doo Hyun No, a licensed real estate broker for Nations Mortgage and Green Leaf Lending, Inc.
• Carol Pencille, 57, an escrow officer and the President and Chief Executive Officer of Olympic Escrow, a company involved in a kickback scheme with Lifetime whereby $2,700 in fees was taken from escrow proceeds through falsified amendments to loan documents.
• Sibpun Ampornpet, 31, an escrow officer, notary public, and principal of Olympic Escrow. A document shredder in Ampornpet’s office contained shredded signatures of consumers and other fraudulent paperwork.
• Dean Storm, a licensed real estate broker until a Department of Real Estate investigation led to the revocation of this license in September 2007.

At various times, Pencille and Ampornpet also worked for Virtual Escrow, Inc. and Olympic Escrow, companies that operated in Glendale, Encino and North Hollywood. The attorney general suspects that there are other people involved in these companies’ conspiracy to cheat homeowners and will amend the state’s lawsuit when these persons are identified.

THE VICTIMS

The following are two examples of the individuals who were manipulated by the company’s irresistible offers:

In 1996, Ron and Barbara Fitzgerald moved into their home in Lancaster, California. Ron is retired and his wife Barbara has been bedridden for several years due to a serious medical condition. In October 2006, Lifetime Financial offered the Fitzgeralds a 4.5% fixed rate with $800 monthly payments. The telemarketers offered to meet Ron at a nearby café to review paperwork.

During the meeting, Ron discovered that the paperwork did not conform to the terms that were discussed with the telemarketers. The sales agent told Ron that the paperwork was a “mere formality” and “everything would be taken care of.” Ron decided not to sign all the paperwork.

Later that month, the Fitzgeralds were stunned to find that their loan had been processed even though Barbara Fitzgerald did not, and could not have, signed any loan documents due to her medical condition. Investigators later determined that all the signatures and initials on the loan documents were forged.

The Fitzgerald’s mortgage went from $189,000 at an adjustable rate of 8.04% with monthly payments of $1,100, to now owing $244,000 at an adjustable rate of 8.5% with payments of $1,788.

Luis Garcia, a 75 year old disabled senior from Peru, has limited understanding of English. Lifetime Financial contacted Garcia in Spanish and promised to refinance his mortgage into a low, fixed rate. Garcia agreed to a 50 year loan with $1,000 monthly payments and was shocked when he received a letter from New Century Mortgage stating that his new loan rate was 7.95% and his initial monthly payment would be $2,254. All the paperwork provided to Garcia was written in English.

With help from translators and family, Garcia discovered that Lifetime Financial had falsified almost all of Garcia’s information including his monthly income and work history. Garcia was unable to afford the extremely high monthly payments and ultimately lost his home.

THE CHARGES

The attorney general is seeking civil penalties of $2,500 for each violation of law and full restitution as well as a permanent injunction against operation these businesses. Penalties and restitution are estimated to exceed $20 million. The following assets are subject of the seizure order:

• Bank accounts at Wells Fargo, Bank of America, Citibank, East West Bank, First Federal Bank and Washington Mutual
• 16 separate private and commercial properties, valued at more than $6 million, in Tarzana, Canoga Park, Studio City, Las Vegas, San Antonio, Sherman Oaks, North Hollywood and Los Angeles
• All personal property, especially luxury cars, including: 4 Mercedes Benzs, 2 Ferraris, 1 Land Rover, 1 BMW, 1 Audi and 1 Bentley

Other agencies which assisted with the investigation that led to today’s lawsuit include: Los Angeles Department of Consumer of Affairs, California Department of Real Estate, the California Department of Motor Vehicles and the San Bernardino District Attorney.

Read People_v. Lifetime Financial Complaint, filed yesterday afternoon under seal in Los Angeles Superior Court.

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How has the Subprime Crisis affected you? 

• Foreclosure?
• Skyrocketing mortgage payments?
• Negative credit rating?
• Misled by lenders?

Call or e-mail me to learn about your legal rights.  Maybe all is not yet lost...

If you've been injured, visit

Lowell Steiger's Los Angeles Law Blog

Lowell Steiger, Attorney at Law (323) 852-1100

lowell@steigerlaw.com

Subprime Debacle: A Primer

The Subprime Crisis is complex, frustrating and, most of all, enraging.  The 1000's upon 1000's of unsuspecting victims range from borrowers trying to get a home to major investors trying to make a legitimate return on their investment.  As it unfolds, the litigation against mortgage brokers, lenders, appraisers and everyone in the chain will increase exponentially. 

The Subprime Primer is a comical, yet sobering, series of cartoon frames that explains the etiology of the Subprime Crisis.  Beware, there are some four-letter expletives throughout but they enhance, rather than detract, from the subject matter.

How has the Subprime Crisis affected you? 

• Foreclosure?
• Skyrocketing mortgage payments?
• Negative credit rating?
• Misled by lenders?

Call or e-mail me to learn about your legal rights.  Maybe all is not yet lost...

If you've been injured, visit

Lowell Steiger's Los Angeles Law Blog

Lowell Steiger, Attorney at Law (323) 852-1100

lowell@steigerlaw.com