Tag Archives: Austin

Predatory Lending and Planned Foreclosure in USA

Consumers need to know that they may be dealing with companies who are unlicensed and are not authorized to act as a mortgage lender or mortgage broker. In addition, it is also an unfair and deceptive act for a licensed mortgage lender or mortgage broker to conduct business with a person or company which is not licensed.
Here was the trap we fell into. Marquis Money, an unlicensed company in Houston, was our mortgage broker. He worked with Flagstar Bank with underwater and subprime mortgages.

Predatory Lending and Mortgage Fraud

On February 24, 2012, the U.S. Department of Justice (“DOJ”) filed a complaint in the United States District Court for the Southern District of New York, Case No. 12-cv-01392, against the Company alleging that for over a decade Flagstar had been improperly approving thousands of residential home mortgage loans for government insurance. Specifically, the DOJ alleges that the Company: used unauthorized staff employees in the loan approval process; paid substantial incentive awards to these unauthorized employees for exceeding certain quotas; permitted underwriters to submit false certifications to the Federal Housing Administration (“FHA”) and the U.S. Department of Housing and Urban Development (“HUD”); and misled FHA and HUD by certifying that the loans had been fully underwritten by properly registered and sufficiently experienced underwriters when they had not. The DOJ further alleges that as a result of the foregoing, thousands of loans were approved for government insurance that did not qualify for insurance and when the loans defaulted, HUD was forced to cover the losses.
On March 13,2012 it was announced that shareholder rights firm Robbins Umeda LLP was investigating possible breaches of fiduciary duty and other violations of the law by certain officers and directors at Flagstar Bancorp, Inc.
In particular, the firm investigated allegations that Flagstar violated the False Claims Act when it improperly endorsed federally insured mortgage loans that eventually defaulted and falsely certified its loan underwriting practices to federal housing authorities. On February 24, 2012, the U.S. Department of Justice filed a complaint against Flagstar, which alleges that Flagstar utilized under-qualified underwriting assistants to approve thousands of residential home mortgage loans for Federal Housing Administration insurance. The complaint also alleges that Flagstar improperly set daily quotas for the underwriting assistants and paid them substantial incentive awards for exceeding their quotas. While engaging in this scheme, the officers and directors of the company not only exposed Flagstar to significant liability, but, represented to the investing public that Flagstar was operating in compliance with all applicable laws and regulations.
Flagstar did not conduct its operations in the underwriting of
FHA loans in accordance with HUD-FHA regulations.

On February 24, 2012, Flagstar admitted, acknowledged, and accepted responsibility for submitting false certifications to HUD about the eligibility of its loans for FHA insurance.
In a settlement reached with the U.S Attorney’s Office, the lender agreed to pay $132.8 million to the United States in damages and penalties under the False Claims Act and to reform its business practices.
Flagstar admitted that during the period January 1, 2002, to February 24, 2012, it delegated underwriting decisions to unauthorized staff.
The lender also admitted that it underwrote and approved for FHA insurance loans that did not comply with certain HUD-FHA underwriting requirements, and HUD paid insurance claims on these ineligible loans.
Further, the U.S. Attorney’s Office announced that Flagstar set daily quotas for its HUD approved underwriters and underwriting assistants and paid these employees substantial incentive awards for exceeding daily quotas.
Flagstar agreed to pay $132.8 million and to other concessions to resolve the U.S. Government’s claims.
The lender agreed to pay $15 million within 30 days after approval of the settlement by the court and make additional payments totaling $117.8 million as soon as it met certain financial benchmarks.
Additionally, Flagstar agreed to
(1) comply with all relevant HUD-FHA rules applicable to direct endorsement lenders,
(2) the completion of a 1-year period in which Flagstar’s compliance with HUD-FHA rules would be monitored by a third party at Flagstar’s expense, and
(3) implementation of a training program for all employees involved in the origination and underwriting of FHA loans. Flagstar also agreed to certify to HUD that the individuals in senior leadership positions who previously had primary responsibility for initiating and overseeing Flagstar’s manual underwriting process were no longer employed by the lender

hinde

We bought our home in 2008, started negotiations with Flagstar for a HAMP mortgage adjustment in 2009. After a year of back and forth paper work, we decided to hire an attorney to straighten this out in 2010. We were told not to make anymore payments until it was straightened out.
Bad advice from a bad attorney.
Don’t let this happen to you!
My PSA for the day.

#flagstarbank #Houston #Mortgage #Foreclosure #HUD

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Judge Dan Hinde

This is a letter my husband wrote to Judge Dan Hinde, District Court 269, Harris County Texas.  His ruling on our 8 year long case is abhorrent and he is up for reelection.  From the beginning of the trial, when he referred to my Husband as “Mrs. Turner”, I knew the fix was in.  Elaine Stoute was the attorney for the defendent, Queens Park Oval Assets Holding Trust.

The case is Statutory Mortgage Fraud and our attorneys, that we fired in 2015, continued to speak for us, without our knowledge. John C Osborne and William Robertson from Houston, Texas are scam artists to the ninth degree and not to be trusted.

hinde

John C. Osborne record:

PUBLIC DISCIPLINARY HISTORY
State of Texas*
Sanction Entry date
(Start-End)
Sanction
(Start-End)
Probation
Fully Probated Suspension

12/15/09 01/01/10 – 12/31/13
Partially Probated Suspension

09/09/13 01/01/14 – 12/31/14 01/01/15 – 12/31/16

The Letter:

Your Honor:
My name is Jody Turner and you tried a case on July 2 of 2018. I wanted to say thank you for your ruling, But I feel there was something you may have over looked for the case went on for 8 years. It was not about us paying the mortgage for when we first filled it was due to Statutory Fraud for Marque Money, Jeremy Radack, Son of County Commissioner Steve Radack and Texas Supreme Court Justice Radack, was not registered in the state of Texas as a broker. To me that would void everything.
The reason we did not sue Marquis Money for his he son of Steve Radack and he the constable and his mother sits on the supreme court of Texas. Do you think it would be worth it.? We did not so we did not file on them. But what I disappointed in was the way the big company and get way with things and the other guys get the boot to say.
To me, if someone is not registered in the state of Texas, that says they cannot not do business in the State and anything that all he signs would have been voided.
So instead the big company come in can confuse the courts and the case around and the little people get the boot. For us, we have housed many people in the time of need, to get them off the streets of Houston and with the ruling you make you put more out on the streets. Ever wonder why there are so many people on the streets? Well I don’t know many people that are hardworking that make about 13.00 dollars or less that make 3Xs the rent for a one bed room going for 850.00 X 3 would 2555.00 a month then add all their other expense to that and people and not afford it. Not everyone was lucky enough to get elected to the bench.
Like I said we tried to pay the mortgage, but they did not want so we were putting some of money back into the house and paying the other bill we could. The house foundation is cracked, black mold, the doors won’t shut, the pipes are breaking and all there is more, but I don’t want to bore you.
Most people thought we were living high on the hog. but we were not. The house we bought, was for 5 people. One person backed out before we bought the house. As time went on we bought there was 4 us then 2 year in one died the other move out. We were trying find others to live with us, so we can keep the house.
All this was over a high-power man that want to be working in Texas they did not have the right to do so. So, I guess it is ok to do things in Texas without a license or being registered in Texas and if you have money and power you can do what you want. For if we could have found some good lawyer as well we may have won the case. So, the company wins as the little lose again.
I just wish you would have look over the whole case.

Mr. Jody Turner

Dr. Jere K Douglas, ESQ

There is a lot more, but I would not recommend doing business in the State of Texas.

Rampant Foreclosures Under Shady Companies

RoundPoint Mortgage services hundreds of DASP mortgages in Philadelphia through shell companies with names like Newlands Asset Holding Trust or Queens Park Oval Asset Trust, all based out of the same anonymous North Carolina office building. Newlands, a company with no listed phone number, no website and a single publicly disclosed employee has accumulated 46 properties in Philadelphia through foreclosure proceedings.

It has flipped about 10 of those properties. In one instance, Newlands foreclosed on 3687 Belgrade Street, a newly built townhouse in a middle-class neighborhood of Philadelphia, for just $65,000 in February 2014, two months after it had picked up the mortgage at a DASP sale. Another two months later, having made no major improvements to the property, Newlands resold the same house for $175,000.

These are in the minority of properties, however. In the majority of cases, private equity firms appear to mainly sit on the properties they accumulate, sometimes for years. If DASP buyers are renting out their new assets while they wait for home values to appreciate, many do not appear to be doing so legally: Out of dozens of properties owned by Newlands analyzed by City & State, none had received a rental license.

City & State reached out to both HUD and RoundPoint for comment on multiple occasions, but received no reply from
either entity.

Philadelphia councilmember Gym said she believed this process is increasing the number of vacant and rental properties in urban neighborhoods, in addition to other stressors.

“When you have homeowners who are evicted or who lose their homes, that has dramatic consequences for a city like ours that already struggles with poverty,” she said. “We have affordable housing waitlists that take years and homeless shelters that are overcrowded. We can’t fix it all.”

It doesn’t have to be this way. Gym is part of Local Progress, a network of local elected officials that has pushed for reforms to programs like DASP. In June, HUD announced that it would make an effort to steer more distressed mortgages to nonprofit buyers, who would ideally be more forgiving towards impoverished homeowners. Nonprofit mortgage buyers, known as community development financial institutions, or CDFIs, were previously outbid on 98 percent of DASP sales.

HUD now separates out some mortgages for sale specifically to nonprofits. But Gym would like to see the program go further.

“That’s one of our biggest questions. Does it all have to go to private equity or could some go to CDFIs? Or the land bank?” she said, in a recent interview.

Gym had been a champion of the land bank, an arm of City Hall that acquires blighted property. She said she believes the agency could also function as a receiver for distressed mortgages, cribbing off a model implemented in New York City, where the municipality began bidding on DASP sales.

“It’s driven by our need to not increase our homelessness and eviction rates, and not lead to blight. Because we were seeing so much,” she said. “The consequences both to individuals and communities are dramatic – the Fed not being attentive to problems like this exacerbates our local situations.”

Changing the trajectory of DASP for future homeowners can seem like a daunting and risky proposition for cities like Philadelphia, but it could stave off years of misery and legal battles for homeowners who find themselves in situations similar to Beverly Henry’s.

Henry admits even she is overwhelmed by the intricacies of her own mortgage crisis at times, but says she is driven by a simple and understandable urge.

“We just don’t want to lose our home.” 

Evangelines in Austin, Texas

What an exquisite little place in Southwest Austin! Reminds me a bit of hanging out in the Bywater and Marginey of New Orleans. The decor and the music takes me to that magical place called New Orleans.
The food was prepared with the touch of a New Orleans Chef with aromatic bouquets of quintessential elegance and that raucous spice of Cajun Cuisine. The Dixieland playing on a loop track just added to the flair of this establishment.
I had the Crawfish Ettouffee which was served in a nice size bowl with a splattering of paprika and chili powder around the rim and some fresh green onion stems for added flavor. The Stuffed Pistolette with a creamy crawfish filing was like to the taste buds and spiced to bring out the flavor of the crawfish.
Mark had the Chicken and Sausage Gumbo with the traditional dark roux base. Heavy flavored by lite on the palette. Eric had the chicken fried steak that was a creation to see and taste.
All in all, a great experience and I will be back to try the house pasta specials.