Posted by shannon carter on 8/18/09 9:16am
Msg #300553

BEWARE 21st Century - Fidelity National Legal Services

I got a call Friday afternoon to do a modification application. I didn't receive the confirmation until late that night. It was from Fidelity National Legal Services, 833 Foothill #301, Rancho Cucamonga, CA 91730. The edocs included a modification application and a press release stating that President Obama is giving out money to help people facing foreclosure. They also wanted me to pick up post-dated checks or credit card info (I thought that was very strange since this was only supposed to be the application signing). I spoke to borrowers and they hardly spoke English (I think they were Nigerian). They were very concerned because they had asked Fidelity many questions and couldn't get straight answer. I thought this company sounded like 21st Century so I did some research and found out that 21st Century is affiliated with Fidelity National Legal. I also confirmed that with the Fidelity office. I didn't perform the signing and I contacted my local FBI office and Department of Banking. Just thought I would give ya'll a heads up!

Reply by MW/VA on 8/18/09 9:22am
Msg #300556

Way to go! Kudos for reporting to the FBI.

Reply by 101livescan on 8/18/09 9:38am
Msg #300562

YAHOO! What a bunch of rip off artists, I'd like to know how they stay in business and why someone hasn't yet etched a burning cross in their front lawn...why aren't they on the 6 o'clock news yet?

Reply by MW/VA on 8/18/09 9:47am
Msg #300564

There are many "businesses" operating in the US from foreign countries. They are predators & don't give a hoot about our laws. I'm not saying that 21st Century, or whatever they're calling themselves today, falls in that category--but it wouldn't surprise me.

Reply by Lucy/IL on 8/18/09 9:50am
Msg #300565

So if they should call me again should I call the local police to report it?

Reply by MW/VA on 8/18/09 9:54am
Msg #300566

I honestly don't know. There was a # posted recently to report foreclosure rescue & mtg. mod. scams to the FTC @ 877-382-4357. I don't know if the notary can report to them or if it has to be the borrower.

Reply by Linda_H/FL on 8/18/09 9:59am
Msg #300567

Lucy...I don't think the local police are going to help you

with this as no law is being broken by contacting you for an assignment. You may want to check at the state level to see if (a) are their practices illegal in your state? and (b) is there a certain number set up to handle these types of complaints (consumer fraud comes to mind)...

Also, as was said, be sure to find out who has to file the complaint. In FL, according to the AG's office, the complaint has to come from the borrower/homeowner. If consumer fraud is the complaint I'd think it the same and the notary/SA is not the consumer.

Reply by Lucy/IL on 8/18/09 10:00am
Msg #300568

Re: Lucy...I don't think the local police are going to help you

Ok thanks

Reply by 101livescan on 8/18/09 10:01am
Msg #300569

Notaries, at least in CA, are encouraged to report events where their might be spousal abuse, parental abuse, or child abuse. There is another kind of abuse, financial abuse, undue influence on a senior to sign documents that are not in their best interests. However, it wouldn't be reported to the police, but to say, a senior resource center, district attorney's office, the FBI. The interesting part is 21st Century is contacting "credible persons", such as notaries, used as pawns, to sit with these people, make them feel comfortable that we're part of the plan to help them keep their homes, while all the while, we're as guilty as 21st Century, for collecting the checks/taking the cc info and all the paperwork and milling it back to 21st Century.


We gotta break the chain and collectively contact the FBI and other authorities each and every time we're contacted. The paltry fee that 21st Century is offering to pay us for our part is completely unacceptable. By the way, sending emails to notaries with requests to do this work, now wouldn't that be considered INTERNET FRAUD?

Reply by Philip Johnson on 8/18/09 10:15am
Msg #300572

You contacted the FBI and said what to them?

That there is a business in California who is doing loan modifications and didn't answer all the folks questions. Good night, if you're going to do that, I'd imagine you make quite a few calls about your loan closings. We all know that LO's have unanswered questions out there, but I certainly don't call the FBI on them.

I don't work for this company and I have turned them away. I figure if the state of California and the various attorney's generals in the other states haven't shut them down, who am I to call the FBI?

I just don't get where we as notaries think of our seal as a badge to right all that we know, strike that, perceive as evil going on.

Reply by MW/VA on 8/18/09 10:57am
Msg #300584

Re: You contacted the FBI and said what to them?

In the case of this particular company this is an illegal activity in many states. There is certainly a reason why Virginia passed a law effective July 1 specifically addressing this type of transaction--loan mod applications charging large upfront fees for services not performed or guaranteed to be performed.
We are trying to spread the word to notaries because notaries are being used as a pawn in this scam, and are unwittingly an accomplice to the crime. After all, it is the notary who is present, taking the app. & collecting the checks. This doesn't require the services of a notary, and isn't even close to what we do as NSA's. It is being made to look to be the same. Most of us know that it's fraud, but may don't. Part of the notary function requires "willingness & awareness". There is major deception taking place here.
Everyone is getting very tired of the almost daily posts on this, but there were posts in the last few days of notaries who were caught up in it, unsuspecting. Knowledge is our first line of defense.

Reply by Bob_Chicago on 8/18/09 11:17am
Msg #300591

Don't see a problem in suggesting that NSAs do ...

not accept these type of assignments.
I sure don't
Major problem in NSA contacting the "authorities" to report
a "Crime" that has not yet been committed.
When I get a call for a "modification" , I specifically ask " Is this for
an application or the sign the actual mod dox.
If an app, I politely decline and go back to whatever I was doing

Reply by Linda Juenger on 8/18/09 11:21am
Msg #300592

Re: Don't see a problem in suggesting that NSAs do ...

Called IL AG's office last week. They don't want to hear it unless you've been a victim.

Reply by lindanotary on 8/18/09 11:36am
Msg #300595

Re: Don't see a problem in suggesting that NSAs do ...

The IA AG's office has been calling the borrowers to explain this is a fraudulant practice. They appreciate efforts of the public to protect consumers.

Reply by Linda_H/FL on 8/18/09 11:38am
Msg #300596

Linda..where do they get the names of the

borrowers? Just curious

Reply by 101livescan on 8/18/09 12:02pm
Msg #300598

* CA attorney general cracks down on home loan scams

Attorney general cracks down on home loan scam artists
Aug 12, 2009 | Shirley Jahad | KPCC

California Attorney General Jerry Brown today announced a crackdown on home loan modification scams.

Hundreds and perhaps thousands of companies have been springing up around Southern California making big promises to help people get better terms on the home loans. An untold number of them are scam artists. They take people’s money up front, and then fail to deliver anything. A lot of them aren’t licensed or registered with the state.

900 total scam companies have been discovered and are being investigated.

Reply by TanyaLA on 8/18/09 12:07pm
Msg #300599

I got a call from them last Thursday. I was on the road when they called and I felt it was a really rushed conversation. Upon arriving home, I checked my e-mail and there was a confirmation but no company name, only a phone number and address. After checking signing central and doing a search, I realized who they were. Funny thing is she said she got my name from Notary Rotary. Of course I did not take the job.

Reply by jnew on 8/21/09 11:42am
Msg #301196

I had a closing set up under the same circumstances. Why the upfront fee and why do they want permission to charge on client's credit card? I felt compelled to cancel on the basis that I thought I would be witnessing a modification signing. This appeared to be a solicitation. I did not want to be the only personal contact that these people received. Then I thought about the possibility of the local news ringing my doorbell with a camera in my face asking me why I took $2,800.00 from these people. I will continue to do modification signings but not these.

Reply by jba/fl on 8/21/09 8:19pm
Msg #301275

Doesn't that sound like a nightmare?

"Then I thought about the possibility of the local news ringing my doorbell with a camera in my face asking me why I took $2,800.00 from these people."

Whew - I sure wouldn't want that! LOL

Reply by John Schenk on 8/18/09 1:02pm
Msg #300612

CA AG List of individuals/businesses AG has sued...

for scamming homeowners.

http://www.ag.ca.gov/loanmod/

21st Century isn't on there yet.


Brown has Filed Suit Against the Following Individuals

* Eric Pony
* Paulette Pony
* Wilma Pony
* Eli Hassine
* John D H N Nielsen
* Carol Pencille
* Sibpun Ampornpet
* Dean Storm
* William Hutchings
* Xiaoke Li
* Shawna Landis

* Quentin Hazell
* Hakimullah Sarpas
* Zulmai Nazarzai
* Sharon Fasela
* Rasha Yehia Melek
* George Escalante
* Cesar Lopez
* Adrian Pomery
* Christopher L. Diener
* Kathleen Marrero-Davis
* Terence Green Sr.

* Stefano Marrero
* Maya Burrell Marrero
* Ronald C. Specter
* Kenneth Buhler
* Paul Noe
* Mitchell Roth
* Michael Armendariz
* Ruben Curiel
* Ricardo Haag
* Karla C. Shippey
* Arthur S. Aldridge

Brown has Filed Criminal Charges Against the Following Individuals

* Saul Amador
* Rosa Conrado
* Jesus Flores
* David Giron
* Antonia Gonzalez
* Isaura Hernandez

* Juan Perez
* Alejandrina Maldonado
* Anna Santos
* Mary Alice Yraceburu
* Marianne Curtis


Businesses That Face Civil Penalties

* Lifetime Financial
* E. Pony, Inc.
* Nations Mortgage, Inc.
* Greenleaf Lending, Inc.
* Virtual Escrow, Inc.
* Olympic Escrow, Inc.
* Direct Credit Solutions, Inc.
* Federal Land Grant (FLG), LLC
* Land Grant Services, LLC
* KBS Resources, LLC
* Landis Business Services, Inc.
* Lease2OwnHomes
* First Gov
* Foreclosure Prevention Services
* Payment Processing Department
* Foreclosure Freedom
* Statewide Financial Group, Inc.
* US Homeowners Assistance
* US Homeowners Preservation Center, Inc.
* U.S. Foreclosure Relief, Inc.

* H.E. Service Company
* Lighthouse Services
* California Foreclosure Specialists
* Home Relief Services, LLC
* Payment Relief Services, Inc.
* Golden State Funding, Inc.
* Diener Law Firm
* RMR Group Loss Mitigation, LLC
* Living Water Lending, Inc.
* Shippey & Associates, P.C.
* United First, Inc.
* MW Roth, PLC

JJ

Reply by John Schenk on 8/18/09 1:11pm
Msg #300614

Re: CA AG List of individuals/businesses AG has sued...

Don't know this one against 21st Century out of Ohio has been posted:


Ohio AG files lawsuits against three foreclosure rescue companies
DateWednesday, July 1, 2009 at 11:19AM

In the following press release Ohio Attorney General Richard Cordray [announced he has filed] three lawsuits in a continuing effort to rid the state of foreclosure rescue scams operations. The lawsuits, filed against 21st Century Legal Services (Franklin County), Foreclosure Home Assistance, LLC (Cuyahoga County), and Michael Brotherton, who does business as Financial Emergency, Inc. (Greene County) seek to shut down the companies’ ongoing operations in Ohio.

“Ohio has zero tolerance for these predators,” Attorney General Cordray said. “They prey on Ohioans who are vulnerable and are seeking answers during desperate times. We issued warnings last month ordering them to stop their illegal practices, but they continued anyway. Now, we will work through the courts to stop them permanently.”

According to Cordray’s lawsuit, Cleveland-based Foreclosure Home Assistance, LLC (which also does business as Global Home Rescuers, Homesavers USA, AW Gordon and Associates and Gordon and Associates.) charged consumers $1,500 for loan modifications, forbearance plans and other foreclosure prevention services. In some cases, the company offered foreclosure protection to tenants, claiming it could transfer the property deed from the landlord to the tenant. Despite its promises, the company failed to deliver.

Michael Brotherton, operating as Financial Emergency, Inc., offered similar foreclosure prevention services in Greene County. According to Cordray’s lawsuit, Brotherton advertised his services on the Internet and through the mail. Brotherton charged consumers up to $1,269, saying he could work with lenders and creditors to negotiate debt settlements or workout agreements with mortgage holders. Brotherton failed to deliver.

Also failing to deliver was 21st Century Legal Services, which promised to help homeowners restructure their home loans, a promised service for which they charged $1,500 to $2,600. According to the lawsuit, the company instructed consumers to stop making payments on their home loans and to stop contacting their lenders. Consumers were instructed to make out several post-dated checks, each approximately equal to their monthly mortgage payment, and believed 21st Century would take care of the rest.

Attorney General Cordray’s lawsuits charge each company with violations of Ohio’s Consumer Sales Practices Act and Debt Adjusters Act. Cordray asks the court to hold the companies responsible for reimbursing consumers and to assess a $25,000 civil penalty for each violation.

“In all three of these cases, we believe more victims are out there,” said Cordray. “If you or someone you know has fallen victim to these operations I strongly urge you to contact my office.”

Today’s lawsuits against 21st Century Legal Services and Foreclosure Home Assistance, LLC are the result of a first wave of 13 cease and desist notices issued by Cordray in May. This month, Cordray issued 10 more cease and desist notices and subpoenas to foreclosure rescue operations targeting Ohioans. The cease and desists demand that the companies halt all predatory practices and the accompanying subpoenas require information to substantiate current practices.

For more information or to file a consumer complaint, contact Attorney General Cordray’s Office at www.SpeakOutOhio.gov or (800) 282-0515.

http://www.mortgagefraud.org/journal/2009/7/1/ohio-ag-files-lawsuits-against-three-foreclosure-rescue-comp.html

Reply by MW/VA on 8/18/09 2:06pm
Msg #300630

Re: CA AG List of individuals/businesses AG has sued...

Thanks for the post, JJ. You can see the trend of this company & others like it to ignor cease & desist orders. Not everyone agrees on this, but many of us feel that the notaries (who are Pubic Officials) can prevent it from happening by not aiding them in their business. If there's no one to take the app. & the checks there can be no victims.

Reply by John Schenk on 8/19/09 11:15am
Msg #300797

Article Including 21st Century..

Attorney general targets Inland Empire mortgage modifiers
Matt Wrye, Staff Writer
Created: 08/13/2009 05:46:57 PM PDT

The clock is ticking down for 45 unregistered loan modification companies headquartered in the Inland Empire.

If they still want to do loan modifications, they have until Monday to register with the California Attorney General's Office and post a $100,000 bond.

If they don't, prison time and civil fines may await them.

"It's going to be difficult to get a bond," said Alex Diaz, Jr., CEO of Rancho Cucamonga-based Statewide Bancorp Inc., a mortgage broker that does five to 10 modifications every month. "For all I know, (a bond company) might want want to charge $25,000 for a $100,000 bond. We're going to weigh our options."

The company is just one of several mortgage modification consultants based in the Inland Empire that hadn't registered with the Attorney General's Office as of Thursday, according to the office.

It doesn't mean these firms are doing anything illegal - rather, it's part of an ongoing move by California law enforcement officials to make sure modification companies aren't committing fraud against troubled homeowners.

"Under certain circumstances, attorneys and real estate brokers might be exempt," said Evan Westrup, spokesman at the Attorney General's Office.

Those modifiers being targeted would have to prove they are exempt.

The $100,000 bond these firms have to post will be used as insurance, according to Christine Gasparac, spokeswoman for the office.

"If they don't follow
Advertisement
through on their (advertising) claims ... the $100,000 could be used to pay back consumers," Gasparac said.

The office has shut down fraudulent modification firms in the past, only to find out there were no assets left in the business to repay victims, Gasparac said.

Attorney General Jerry Brown said Wednesday that owners of unregistered firms that don't meet the deadline are subject to one year in prison and fines ranging from $1,000 to $25,000 per violation.

Westrup said the office hopes to force fraudulent companies to willingly close their doors.

"The message is clear: clean up or face legal action," Westrup said.

He said the attorney general's registration decree went to 386 mortgage foreclosure consultants across the state - and there are probably several more that haven't yet popped up on the attorney general's radar.

Time will tell how effective the actions are.

Some unregistered companies might halt their operations for good, while others could just as well close their doors to stay off law enforcement's radar before reappearing in the future.

The office also sent letters to 27 modifiers, mandating they prove their advertising statements are true.

On Wednesday, Brown spotlighted 21st Century Real Estate Investment Corp. in Rancho Cucamonga as an example.

The firm's direct-mail advertisements promise underwater consumers a 30-year fixed mortgage with a 3.5 percent interest rate and monthly payment of $495, according to the attorney general's statement.

A voicemail was left for one of the company's managers on Thursday. It was not returned.

Diaz said these sorts of advertising claims sound like pie in the sky, although he's not sure because he doesn't know the details of the offer.

"For any company to say they can bring you down to 2 or 3 percent, that's false advertising," Diaz said. "There are companies out there ... promising the world."

Since July, Brown has filed mortgage fraud lawsuits against 21 people and 14 companies. Overall, he has sought court orders to shut down 32 companies he believes are involved in mortgage fraud.

[e-mail address]

(909) 483-9391

http://www.dailybulletin.com/ci_13057705

Reply by Linda Hubbell on 8/19/09 11:32am
Msg #300802

$100K bond, IMO, isn't enough

As guardian of my mother's estate I had to post a $250K bond....

These companies, handling mortgages worth possibly hundreds of thousands of dollars, should be required to post a minimum $1M bond...but that' s my opinion...