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Victim of fraud at the banks:
Posted Monday, 12 October 2009 By A. Narraway
Anyone have other horror stories to share? I am looking for proof that certain banks and their loan originators knew exactly what they were doing was fraud. Here's my story in full:
http://www.blogofsandiego.com/#09/23/2009
Consumer 'helper' fraud?
Posted Saturday, 17 April 2010 By mjensen2k@gmail.com
I'm not certain if this is the right forum, but I've been working my tail off as a consumer to try shed light on a particular mortgage broker that seems to be scamming the system.
All the details are available and I can go into them, if it is of benefit.
The simple description is a broker who is offering to help people out of their mortgage problems. He initially helps them move the home ownership to a new shell trust that is 'managed' by a friend of his. Removing them as owner and putting a cloud on the title perhaps.
He gets the owners into a different property, or at least does so in name. Lists the primary as 'rental' yet doesn't try rent it, thus creating a hardship that really wasn't there in the first place.
Once the homes are in this situation, and I'm not certain how this is all working, he represents the sale not as a short sale, or as a foreclosure, but as a legit sale. But when offers come in (like mine), he doesn't even bother to present them to the original owner, or to the trust. He's sitting on these, setting auction dates. Now, what I don't know is if he's picking them up afterward, or how the things continues.
Local realtor license authority doesn't seem to care. Local association of Realtors doesn't seem to care. Attorney General office points back to the licensing department until it's determined it's criminal.
The broker has a dozen properties. All are held by these shell trusts. There's repeated shell games going on if tracking the ownership of some of these properties.
Does this 'smell' wrong? Should I continue to try put pressure on finding out what's going on and shine a light on the activities?
If the answer is yes, then how can I do that if the local authorities don't seem to care?
Thanks!
Fraud
Posted Tuesday, 13 October 2009 By Pat
I read the story of Narraway. What a convoluted mess. There is the "appearance" of fraud, at the very least. I use "appearance" because without a full examination of the complete documents, I could not render a true opinion.
It is certainly difficult to explain how all three lenders could miss such a glaring omission. My initial reaction is that there has been some unknown factor introduced into the underwriting process that would lead the lender to believe that the loan had been paid off.
For expample,the Pleasant Hill property, the reconveyance in Jan 07 would have the lender assume that the loan had been paid off.
The others present a more complex scenario that would need thorough review.
Of course, my opinion is based upon only a quick cursory review.
I hope that Narraway has sought a competent attorney for assistance.
As for other cases of bank fraud, I have certainly seen it in the underwriting process. This includes bank loan officers actually creating a business for a borrower, misrepresenting employment dates, income and so much more.
BTW, I only got the forum up and running last night, so you were the first poster. I have not even announced it yet to all the attorneys and other individuals I deal with, so you were right on the top of things.
Thank you.
Pat
Loan Fraud Investigations.
Fraud
Posted Tuesday, 11 May 2010 By Patrick
What you write about is completely fraudulent. The Santa Clara County District Attorney just filed charges against three people for doing similar items.
You might report it to the Attorney's General Office.
getting loan documents FROM the banks
Posted Thursday, 15 October 2009 By narraway
Hi Pat. Thanks for setting this forum up and reading my nightmare story. Do you know HOW I can get the original loan docs from the banks as I was NOT the original borrower? but obv AM an interested party in trying to prove there was fraudulent activity going on there. However, I need to get the loan docs and short of a subpoena or discovery in a lawsuit, im not sure if i can demand them under RESPA or UCC section etc. Any advice/statute I can demand them under?
ps: KGO TV iTeam has story on air tonight. I'll post link to story later.
Fraud
Posted Thursday, 15 October 2009 By Pat
Not being the original borrower, the lender is under no obligation to provide you any documentation. You need to either get a specific power of attorney allowing you to get the documents or to have the original borrower attempt to get loan documents.
You should run to the county and get full copies of all recordings so you can see what happened with recorded documents. That should be easy, just cost you a bit of money and time.
Fraud
Posted Thursday, 15 October 2009 By Narraway
Well, thats the problem in that McConville extorted an ex-employee to sign corporate docs as the CEO of his corporation. The lenders are now saying the ex-employee had no capacity (as he has refuted ever being an officer of the corporation) and are refusing to release the docs to him OR me so im in a bit of a catch 22 legal limbo! Bastards!
Here's the piece from KGO tonight:
http://abclocal.go.com/kgo/story?section=news/iteam&id=7067415
Fraud
Posted Friday, 16 October 2009 By Pat
What does your attorney say?
Fraud
Posted Sunday, 18 October 2009 By Narraway
Well, I can't afford one as McConville has taken ALL my money and life savings and spent it on his lavish lifestyle. Im trying to find one to take it on contingency but no luck so far so im the meantime Im trying to fight these bastards at the banks on a pro per basis.
Fraud
Posted Monday, 19 October 2009 By Pat
Did you try the DA and a complaint?