Real Estate & Property Law

Chase Sues Its Former Foreclosure Counsel, Seeks Turnover of Files in $400M Worth of Cases

Saying that its former mortgage foreclosure counsel, Ben-Ezra & Katz, has effectively called a halt to some $400 million in litigation by refusing to turn over the case files, Chase Home Finance is suing the law firm in federal court in Florida. At issue is approximately $5 million in unpaid…

Mar 28, 2011 8:59 PM CDT

Fla. Foreclosure Law Firm to Pay $2M to Settle Attorney General Complaint

One of eight mortgage foreclosure law firms reportedly being investigated by the Florida attorney general over claims of dubious paperwork has agreed to pay $2 million and change its business practices, according to the Tampa Tribune. Further details of the settlement by the Fort Lauderdale-based law firm of Marshall C.…

Mar 25, 2011 8:03 PM CDT

Widow of Fla. Man Who Died in Deadly Gunfight With Cops Seeks $61K for Contents of Leveled Home

A Florida woman whose home was leveled and carted away in the form of rubble in less than a day after authorities engaged in a deadly shootout with her husband has filed suit for damages. Christine Lacy is seeking over $61,000 for personal property, including an Ethan Allen bedroom set,…

Mar 24, 2011 7:43 PM CDT

As Fla. Bar Investigates 157 Foreclosure Lawyers, Some Say More Action Is Needed

The number of investigations being pursued by the Florida Bar against foreclosure lawyers has tripled since the end of 2010. There are now 222 open legal ethics cases, up from 69, against 157 lawyers instead of the 48 that were being probed only a few months ago, reports the Palm…

Mar 24, 2011 12:16 AM CDT

Convicted Ex-Bankruptcy Attorney Could Get Up to 20 Years Per Count in Mortgage Fraud

A disbarred Illinois bankruptcy attorney has been convicted of three counts of wire fraud as part of a nationwide mortgage fraud prosecution involving 67 defendants. Lorie Westerfield allegedly purchased homes from two clients, misrepresented the purchase prices and down payments and her income to lenders from whom she obtained mortgages,…

Mar 23, 2011 5:38 PM CDT

Ex-Lawmaker Gets 4- to12-Year Term in Fraud and Larceny Case Over $853K Insurance Check

A former Legislator in Suffolk County, N.Y., will be spending some time in the slammer after being sentenced to two consecutive prison terms today by a Suffolk County judge for converting an $835,000 fire insurance check on his home to his own use. Citing clearcut evidence and a lack of…

Mar 22, 2011 12:14 AM CDT

Mortgage Signature Law Provides Nearly Free House for Iowa Couple

Matt and Jamie Danielson were prepared to file for bankruptcy when their lawyer noticed an error by their mortgage company. Jamie had not signed the $320,000 mortgage as required by a 123-year-old Iowa law that voids mortgages when they are not signed by both spouses, the Des Moines Register reports.…

Mar 21, 2011 1:19 PM CDT

Wave of Foreclosures and Vacant Homes Sparks Surge in Quit-Claim Deed Fraud

Apparently seeing an opportunity in the wave of mortgage foreclosures, opportunists are using vacant homes as an invitation to work a scam, Florida officials say. By filing a fraudulent quit-claim deed they can tie up the title and either live in the home themselves or rent it out while the…

Mar 18, 2011 4:51 PM CDT

FDIC Files $900M Suit Against WaMu Executives and Wives

The Federal Deposit Insurance Corp. has filed a $900 million reckless-lending suit against three Washington Mutual executives stemming from the biggest bank failure in history. But they aren’t the only defendants; the suit also names the wives of two of the executives for helping set up trusts, allegedly to shield…

Mar 18, 2011 11:30 AM CDT

What to Do with 9,000 Abandoned Cases in One County? Chief Judge Isn’t Sure, Researches Options

Lawyers aren’t supposed to stop working on cases without filing motions to withdraw. But that’s what attorney David J. Stern reportedly has said he plans to do, at the end of the month, according to letters he sent to chief judges concerning approximately100,000 foreclosure cases throughout Florida. Among them are…

Mar 17, 2011 10:07 PM CDT

‘Debtors’ Prison’ Is a Reality for Borrowers Who Skip Court Dates, Ignore Court Payment Orders

A form of “debtors’ prison” is alive and well in the United States, as the debt collection industry relies on arrest warrants to help recover money owed by borrowers. More than a third of states allow borrowers to be jailed when they ignore a court order to repay a debt…

Mar 17, 2011 3:44 PM CDT

7th Circuit: Landlord Who Rented to Murder Suspect Has No Constitutional Claim for Property Damage

A Wisconsin landlord who had the misfortune to rent to convicted murderer Steven Avery has no constitutional claim for damages to his property caused by investigators, according to a federal appeals court. The opinion by Judge Terrence Evans begins this way: “A landlord is lucky when he rents a dwelling…

Mar 16, 2011 11:00 AM CDT

Longtime Law School Registrar Keeps Quinnipiac Job Despite Criminal Conviction

Sentenced last week to home confinement, three years of probation and restitution for federal mortgage fraud and tax crimes, a longtime registrar at Quinnipiac University Law School avoided prison time with the help of faculty and student testimonials. Among those who spoke on behalf of Mary Ellen Durso, 54, at…

Mar 16, 2011 12:32 AM CDT

Discipline Case Filed Against Lawyer Who Advised Clients to Break Into Their Foreclosed Homes

Updated: A California lawyer who advised clients to break into their foreclosed homes while he argued in state court that the foreclosures were illegal faces from the State Bar of California discipline for his remarks, the attorney regulatory agency announced today. The complaint against Michael T. Pines, filed in the…

Mar 14, 2011 10:13 PM CDT

Minnesota AG Sues California Company, Alleging Fake Refi Deals

California’s Meredian Financial Corp. targeted homeowners struggling with adjustable interest-rate mortgages and offered them lower rates through fake refinance deals, while pocketing the service fees, according to a Minnesota state court lawsuit filed today. According to Lori Swanson, Minnesota’s attorney general, Meredian Financial pretended to be the homeowners’ current mortgage…

Mar 14, 2011 8:31 PM CDT