Daily Archives: January 6, 2015

$1 million owed to some who lost homes to foreclosure

DENVER – The search is on for former homeowners who lost their homes to foreclosure.

That’s because the Denver Public Trustee’s office has more than $1 million to return to some whose homes sold for more money than was owed to the lenders.

The money comes from proceeds at foreclosure auctions above the amount owed to lenders by former homeowners.

The Denver Clerk’s office has amounts from overbids that range from $25 to over $240,000 for over 50 people.

Read on.

Wells Fargo Bank seeks foreclosure against convicted former Pa. legislator-turned-real estate agent, actor

Wells Fargo Bank on Tuesday filed a mortgage foreclosure complaint against disgraced legislator-turned-real estate agent and part-time actor Jeff Habay, court records show.

According to the complaint filed in Allegheny County Common Pleas Court, Habay, 48, and his wife, Nubia, haven’t paid the mortgage on their home in Shaler since March.

The six-term state legislator resigned from the Pennsylvania House in 2006 following his conviction for using his office to perform political campaign work on state time. A year later, he pleaded no contest to charges of giving false statements to police for claiming a political opponent mailed him anthrax.

He served about a week in jail, two months in a halfway house and two years on house arrest.

The complaint claims the Habays borrowed $143,925 to buy the two-story red brick Colonial in 2001. They were supposed to make $1,006 monthly mortgage payments until 2031. The bank claims the Habays owe $164,505 in principal, interest and late fees.

Habay said he has taken time off work to care for his son, who has autism, and “that has limited our income level.” He said he is working with the bank on a loan modification and hopes to get back in good standing within a month or two.

Read more: http://triblive.com/news/allegheny/7510176-74/habay-bank-complaint#ixzz3O5Epl0fm

Bank Of America Hit With TCPA Suit In Fla. Over Debt Call

Law360, New York (January 05, 2015, 6:46 PM ET) — A Florida resident hit Bank of America Corp. with a proposed class action in Florida federal court last week, alleging the bank illegally made calls to his cellphone about another person’s debt using an automatic dialer.

Florida resident Richard Swift claimed that Bank of America and two subsidiaries, NB Holdings Corp. and FIA Card Services NA, placed non-emergency calls to his cellphone without his prior express consent, in violation of the Telephone Consumer Protection Act, according to a complaint filed Wednesday.

Source: Law360

Allegations that Bank of America Issued Improper Tax Forms to Consumers Raises New Worries for Financial Institutions As State Law Challenges Percolate

A couple of developments from late last year involvingBank of America BAC -2.99% and its issuance of supposedly erroneous information returns are worth highlighting. One relates to Bank of America’s mortgage interest reporting on Form 1098 and the other relates to its issuance of Form 1099C addressing cancellation of debt. Both cases implicate federal and state law causes of action to remedy what the plaintiffs allege to be fraudulent or at a minimum negligent conduct by Bank of America. The plaintiffs in both cases elicit sympathy and as we move into the information return issuance season, the cases should give financial institutions FISI -0.87% even greater incentive to take care in issuing tax forms that may provide a pathway to unanticipated liability.

Smith v Bank of America

First, I want to focus on the 1098 mortgage issue and the case of Smith et al. v Bank of America (BOA) from the Central District of California. (Case Number 2:14-cv-06668-DSF-PLA). Last week, Reuters reported that plaintiffs have been seeking class certification relating to the bank’s alleged underreporting of mortgage interest.

Read on.

Tony Blair ‘could face war crimes charges’ over Iraq War

Tony Blair could face war crimes charges as a result of the Iraq war inquiry report, the House of Lords has been told.

Lord Dykes of Harrow Weald, a Liberal Democrat peer, claimed that the publication of the inquiry by Sir John Chilcot was being delayed “to prolong the agony” of the former Labour Prime Minister.

Lord Hurd – who as Douglas Hurd was Conservative foreign secretary from 1989 to 1995 – said the delay was now “becoming a scandal”.

Lord Wallace of Saltaire, a Government minister, disclosed for the first time that talks over the publication of the gist of conversations between Mr Blair and George W Bush, the former US president, were now completed.

These talks have held up the publication of the report. But he said that if the report is not published by the end of February, it will be delayed until after the general election.

Read on.

Murderous Son, Who Killed His Hedge Fund Father Over $200 Allowance, Was A Mentally-Disturbed Princeton Economist Grad

And unemployed and a loafer…A sad story…


… but also the alleged psychopath’s background:

Gilbert Jr. attended Princeton, graduating in 2009 with a degree in economics. Authorities said he had no recent work history.

Gilbert Jr. has a pending criminal case in the town of Southampton, on eastern Long Island.

Gilbert Jr., who has an address in the hamlet of Wainscott, was arrested Sept. 18 on a charge of criminal contempt. Southampton town police say he violated an order of protection issued in Brooklyn in June. Police say he confronted a man named Peter N. Smith at Sagg Main Beach in Sagaponack on Sept. 1.

He has pleaded not guilty and has a Feb. 2 court date scheduled.

And then it gets really bizarre. As the Mail reports, Junior was also charged with 21 counts of criminal possession of forgery devices after skimming device and 21 blank credit cards found at his home, and may have also burned down a rival’s Hamptons mansion:

A Princeton graduate who was on Monday charged with murdering his multimillionaire father and attempting to stage the death as a suicide was also the prime suspect in an arson attack that burned down a rival’s Hamptons mansion, it has been revealed.

Tommy Gilbert Jr, 30, was arrested in September for violating a restraining order taken out by Peter N. Smith, days after Mr Smith’s father’s home went up in flames.

Princeton graduate Gilbert Jr appeared in court charged with shooting dead his father, Thomas Gilbert Sr, at the family’s luxury Manhattan apartment in a fight over his allowance being cut.

The Ivy Leaguer was a mainstay at New York society black-tie events in recent years but one ex-girlfriend revealed details of his dark side on Monday.

Manhattan socialite Anna Rothschild, 49, whom he dated last year, said Tommy was a loner with few friends who deeply resented his father and was obsessed with how he would ‘never be good enough’ for his dad.

[VIDEO] Osceola County, FL is set to become one of the first in the country to audit foreclosure fraud

Very interesting. To view the video, click here.

$4.2B Fannie, Freddie MSR portfolio for sale

Denver-based, MountainView Servicing Group is advising the sale of a Freddie Mac and Fannie Maemortgage-servicing rights portfolio, with $4.2 billion of aggregate unpaid principal balance.

The portfolio features 100% fixed-rate and first lien product, a weighted average original FICO score of 752 and a weighted average original loan-to-value ratio of 75%.

In addition, it has a weighted average interest rate of 4.19% and low delinquencies.

The portfolio is highly concentrated in California (51.3%), Arizona (8%), Texas (5.9%) and Colorado (5.2%). The average loan size it $23,937.

Read on.

Relators Hit With $1.6M Sanction In Wells Fargo FCA Suit

Law360, New York (January 05, 2015, 6:05 PM ET) — A Georgia federal judge Monday hit two whistleblowers with a $1.6 million sanction for prematurely providing information to a television station about their False Claims Act suit alleging Wells Fargo Bank NA and others defrauded veterans and taxpayers in connection with home loan fees, but ruled that dismissing the case would’ve gone too far.

U.S. District Judge Amy Totenberg ordered mortgage brokers Victor Bibby and Brian Donnelly to repay the government out of the $43.2 million they have received so far in settlements with other defendants…

Source: Law360

Bank of America settles with company accused of selling defective mortgages

Bank of America has agreed to a settlement from a company that the Charlotte-based lender accused of selling it defective mortgage loans.

Utah-based SecurityNational Mortgage Co. did not disclose the amount the bank has been paid under the settlement announced in a press release Monday. SecurityNational could not be reached for comment. A Bank of America spokesman declined to comment.

Bank of America becomes the latest bank to reach a deal with Security National, which has struck similar settlements with other lenders, such as San Francisco-based Wells Fargo. The settlements resulted from banks’ claims that SecurityNational sold them mortgage loans that went into early default or were defective in other ways.