Showing posts with label California Attorney General. Show all posts
Showing posts with label California Attorney General. Show all posts

Friday, October 28, 2011

WHAT ABOUT HOMEOWNER HOSKING? WAKE UP AG KAMALA HARRIS AND DOBERMAN MITCHELL J. STEIN AND HELP VIRGINIA HOSKING WHO IS SCARED OUT OF HER MIND, WAITING TO BE FORCED FROM HER HOME. FOCUS!


Lawyer accused of mortgage-related fraud sues attorney general

Jeff Turner/Flickr
Los Angeles-area attorney Mitchell J. Stein refers to himself as "The Doberman" and his website advertises, "You Hold The Leash."
In August, California Attorney General Kamala Harris raided Stein's offices and accused him and other lawyers of fraudulently misleading thousands of struggling homeowners into paying to be part of mass lawsuits against mortgage lenders like Bank of America.
But Stein sued back, after warning on his Twitteraccount that "The Doberman is about to take a large bite out of Kamala Harris." Stein has accused the attorney general of being "the pawn of America’s most powerful banks,” claiming that Bank of America "corruptly funneled money" to Harris, according to one of his lawsuits.
As the legal sparring continues, the alleged fraud victims are running out of time.
Virginia Hosking received a notice last week directing her to vacate her foreclosed Whittier house within three days.
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"Now I’m sitting here freaking out, afraid to walk out my front door in case they come lock me out," Hosking said.
Hosking said her husband had just passed away and she was facing foreclosure last year when she paid $4,000 to another law firm targeted in Harris' fraud suit.
Hosking said she was told that joining the lawsuit against her mortgage lender, Bank of America, would help save her house. At some point, Stein's firm, which has been suing Bank of America since 2009, took charge of Hosking's case.
The attorney general accused the lawyers of deceiving homeowners into thinking that the lawsuits would stop foreclosures or reduce their mortgage payments. In a press conference announcing the action, Harris called it "work that will bring justice to many homeowners in California who were targeted by predators who happened to have a law license."
Stein, who signs e-mails with a picture of a Doberman pinscher, claims that he is "Bank of America’s biggest nightmare" and that Harris' suit puts struggling homeowners at risk.
He points out that Harris received four donations in February, totaling $1,500, from attorneys with the law firm representing Bank of America.
Stein's recent lawsuit accuses Harris of doing the bidding of Bank of America by removing "the superstar who had been beating the bank to a pulp for two and a half years."
Shum Preston, a spokesman for Harris, called the suit frivolous.
"We respectfully decline to address the very strange claims made in this lawsuit," he said in a statement. "It is, sadly, another example of what we uncovered during our investigations: false promises designed to lure already distressed homeowners into paying money to lawyers who refuse to properly represent them."
A Bank of America spokeswoman declined to comment.
Stein's office sent e-mails to clients like Hosking asking them to show up at a court hearing to support Stein "in the fight against bank and government corruption."
His firm sent out a press release that said hundreds of homeowners would gather in solidarity with the Occupy Wall Street movement and "against Ms. Harris' support of the 1%."
Meanwhile, the State Bar of California obtained a court order stating that Stein "has become incapable of devoting the time and attention to ... his law practice" and authorizing the bar to seize his files and freeze his bank accounts.
Stein, however, maintains the order doesn't apply because it names Mitchell J. Stein and Associates and not his newer partnership, Mitchell J. Stein & Associates LLP. For the same reason, Stein's website states, "this law Firm has never been sued by the State of California."
Stein is also trying to stop seizure of his assets through his Florida bankruptcy proceeding.
The state bar notified Hosking that she could pick up the confiscated files relating to her, but she would have to find another lawyer.
Hosking keeps getting solicitations promising to save her house if she pays a fee.
"There are all kinds of preying people out there. I don’t know who to trust anymore," she said.
The state bar will work to return money to alleged victims from Stein's frozen funds, said Suzan Anderson, an attorney for the bar. Authorities also are encouraging banks to give a break to people like Hosking.
"Right now, the attorney general and the state bar are discussing with the lenders how they might be able to put a hold on any foreclosures because of these actions and maybe work with the people and give them time," Anderson said.



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Friday, August 5, 2011

CALIFORNIA AG SUBPOENAS CITIGROUP, BOFA $14-BILLION SETTLEMENT OF COUNTRYWIDE MORTGAGE CLAIMS (WHO MADE THAT DEAL?)

California attorney general subpoenas CitiGroup over mortgage practices

CitiBankCalifornia State Atty. Gen. Kamala D. Harrishas subpoenaed CitiGroup Inc. and its banking subsidiary, CitiBank, ordering the two entities to answer questions regarding the selling and marketing of mortgage-backed securities in the Golden State, a person familiar with the investigation said.
The person, who was not authorized to speak publicly about the matter and spoke on condition of anonymity, would not further characterize the nature of the investigation. Spokespeople for the attorney general’s office and Citi declined to comment.
In May, Harris announced the creation of a Mortgage Fraud Strike Force that would target mortgage fraud of any size. Harris said then that she would tackle corporate fraud, including instances in which bundled mortgages were sold as securities to the state or its pension funds under false pretenses. To prosecute some of the cases, Harris said she would use California's False Claims Act, which makes it a crime to defraud the state.
The probe comes as several other investigations into the practices of other large banks are underway.
New York and Delaware have more than a dozen attorneys working full time on a wide-ranging investigation into Wall Street's role in the mortgage meltdown. Those investigators have subpoenaed or requested information from 13 financial firms, including Goldman Sachs Group Inc. andJPMorgan Chase & Co. Citi is not a focus of that probe.
Citi is one of five large banks negotiating with a committee of all 50 state attorneys general probing banks' servicing and foreclosure practices. Those negotiations are still underway.
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-- Alejandro Lazo
Twitter: @AlejandroLazo
Photo: A CitiBank branch in downtown Washington. Credit: EPA / Matthew Cavanaugh

Bank of America announces $14-billion settlement of Countrywide mortgage claims

Rusty BofA sign
This post has been corrected. See the note at the bottom for details.
If Countrywide Financial co-founder Angelo Mozilo had sold former Bank of America boss Ken Lewis a kitchen sink, maybe they could have tossed that in there too.
Bank of America, which under Lewis bought Countrywide in 2008 for stock then worth $2.5 billion, said in a statement Wednesday that settling claims by holders of Countrywide mortgage securities would cost it an additional $14 billion.
That amount, to be recorded in Bank of America's second-quarter earnings, is just the latest in a long string of painful payouts stemming from the takeover of Countrywide, the Calabasas lender that once was the nation's largest writer of mortgages -- many of them of the subprime and liar loan varieties.
On top of an $8.5 billion payout to 22 institutional investors, which The Times reported on Wednesday, the $14 billion includes $5.5 billion to cover other demands by holders of mortgage securities.
[For the record, 9:55 a.m. June 29: An earlier version of the paragraph above incorrectly said $14 million; the correct figure is $14 billion. It also said the $14 billion included a $2.6-billion write-off.
Bank of America says it will report a second-quarter loss of $8.6 billion to $9.1 billion after recording $6.4 billion in additional mortgage-related charges, including a $2.6-billion write-off of its Countrywide investment.]
That follows a similar action in January, when B of A Chief Executive Brian Moynihan chopped $2 billion off the value of Countrywide on the bank's books.
All told, the settlement covers the Charlotte, N.C., bank's exposure to claims by holders of securities backed by 530 trusts stuffed with Countrywide mortgages with an original principal balance of $424 billion.
"This is another important step we are taking in the interest of our shareholders to minimize the impact of future economic uncertainty and put legacy issues behind us," Moynihan said in a statement. 
"We will continue to act aggressively, and in the best interest of our shareholders, to clean up the mortgage issues largely stemming from our purchase of Countrywide."
Bank of America said the settlement would resolve "nearly all" of its exposure to claims that Countrywide misrepresented the riskiness of first mortgages backing bonds it sold to investors such as Newport Beach bond giant Pimco.
The bondholders to be paid off also include the Federal Reserve Bank of New York. The Fed wound up with them when JPMorgan Chase & Co. agreed to take over failed Wall Street giant Bear Stearns -- but only if the government pocketed Bear Stearns' most toxic securities.
There's still a lot of Countrywide liability left for Moynihan to deal with. In addition to securitized second mortgages, Bank of America still faces demands including those of mortgage insurers who claim they should be repaid for their Countrywide losses.
And let's not forget the borrowers who wound up in foreclosure on their Countrywide loans. Bank of America is among five major mortgage servicers that are negotiating with state and federal officials over botched foreclosure proceedings. The total settlement figues being bandied about for months now start at $5 billion and range upward of $20 billion.
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-- E. Scott Reckard
Photo: Rusty Bank of America sign in downtown L.A. Credit: E. Scott Reckard

Government accuses Deutsche Bank of mortgage fraud

Deutsche
U.S. prosecutors are suing Deutsche Bank and accusing it of fraudulently approving mortgages over a number of years in ways that have ended up costing the government hundreds of millions of dollars.
The lawsuit filed Tuesday morning in Manhattan federal court says that Deutsche Bank and its subsidiary, MortgageIT, lied to the government and "recklessly" approved mortgages for federal mortgage insurance without fully vetting the quality of the mortgages.
From 1999 to 2009, MortgageIT was part of a government program that allowed it to approve home loans for Federal Housing Administration mortgage insurance, and it ended up doing this with 39,000 mortgages worth $5 billion, according to the complaint. After Deutsche Bank acquired MortgageIT in January 2007, it marketed and sold these mortgages to investors.
The complaint says that Deutsche Bank and MortgageIT pushed out the mortgages at a rapid pace, without worrying about the quality of the mortgages or problems with the approval process.
"When an outside auditor provided findings to MortgageIT revealing serious problems, those findings were literally stuffed in a closet and left unread and unopened," the complaint says.
The rapid production of low-quality home loans, spurred on by fee-hungry investment banks, has taken much of the blame for the financial crisis, but so far few banks have faced government lawsuits over their activities leading up to the crisis.
According to the suit, the government has already paid $386 million in insurance claims related to bad MortgageIT loans and expects to pay "hundreds of millions of dollars" more.
The government is seeking to recover in damages and penalties triple what it has paid out, which would be at least $1 billion.
The bank did not immediately respond to a request for comment.
ALSO:
-- Nathaniel Popper
Photo: U.S. attorney Preet Bharara announces a lawsuit against Deutsche Bank AG, which accuses the bank of lying "repeatedly" to qualify thousands of risky mortgages for a government insurance program.   Credit: Louis Lanzano/Bloomberg

Mortgage fraud, prescription drugs, boiler room: Your weekly ScamWatch

Here is a roundup of alleged cons, frauds and schemes to watch out for.
Mortgage lawsuits -- The Better Business Bureau recommends that homeowners not respond to a mailing asking them to join a "national" lawsuit against their mortgage companies. Michelle L. Corey,  president and chief executive of the St. Louis BBB, says the mailings are a new twist on schemes to obtain upfront payments of $5,000 or more from homeowners struggling to pay their mortgages. Several property owners in Boone County, Mo., recently got letters saying their loans “may be eligible for national litigation aimed at fraudulent lender actions,” the BBB said. The letters listed no company name or return address. But public records connect the mailings to John J. Ehlinger and his company, Diversified Financial Protection Agency, the BBB said. The BBB has issued two warnings on Ehlinger and Capital Debt Management since last summer for allegedly deceptive activities.
Prescription drug extortion –- The Food and Drug Administration is cautioning consumers about criminals who pose as FDA special agents in an extortion scam. The criminals call victims and tell them they are under investigation by the FDA or another agency for illegally purchasing prescription drugs from foreign pharmacies. The callers tell victims that they’ll face prosecution unless they pay a fine over the phone with a credit card, the FDA said. Anyone who receives such a call should refuse to make the payment and hang up, the FDA said.
Ponzi scheme –- The FBI is asking for the public’s help in finding Gerald Berke, who is accused of defrauding investors of more than $80 million through a Ponzi scheme operated out of a Los Angeles company called GJB Eneterprises. Federal prosecutors have charged Berke with fraud for allegedly telling clients that he would use their money to make short-term loans to businesses, but instead spending it on personal expenses and to make interest payments to early investors. An FBI “wanted” bulletin said Berke is believed to be living in Vancouver, Canada. Anyone with information about Berke’s whereabouts can contact the FBI or any U.S. embassy or consulate, the FBI said.
Boiler room –- The Securities and Exchange Commission has filed a lawsuit accusing a Santa Ana company and three executives of defrauding investors of $10 million through a telemarketing scheme that sought investments in a proposed initial public offering of stock in a company called mUrgent Corp. The father and twin sons that ran the company used investor money to pay themselves salaries and bonuses of more than $1.3 million and to purchase luxury cars and other personal items, the SEC alleged. The lawsuit seeks a court order that would force the company to reimburse investors and refrain from similar practices.
-- Stuart Pfeifer

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DO YOU NEED HELP TO AVOID FORECLOSURE?

If you would like to receive information on how you might avoid the foreclosure of your home, please e-mail me your name, address, and phone number. Someone from our office will be in touch right away to assist you. With Warm Regards, Kelly L. Hansen, HOMEOWNERS HELPING HOMEOWNERS, ctsmyhon@yahoo.com
Be happy, healthy and prosperous, but most of all, be blessed.
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