1 MORTGAGE e-alert Page 1 of 14 (13-9-3) CFPB FINAL RULES ON THE FINAL RULES PREVIOUSLY ISSUED REGARDING AMENDMENTS TO 2013 MORTGAGE RULES UNDER ECOA, RESPA AND TILA INCLUDING UPDATED DEFINITION OF LOAN ORIGINATOR In a very brief summary of just some of the changes CFPB is setting: Prohibitions of certain payments to loan originator payments ( (d)) will now go into effect January 1, 2014 instead of January As a reminder: (d)prohibited payments to loan originators. (1)Payments based on transaction terms or conditions. (i)in connection with a consumer credit transaction secured by a dwelling, no loan originator shall receive and no person shall pay to a loan originator, directly or indirectly, compensation in an amount that is based on any of the transaction's terms or conditions. (ii)for purposes of this paragraph (d)(1), the amount of credit extended is not deemed to be a transaction term or condition, provided compensation received by or paid to a loan originator, directly or indirectly, is based on a fixed percentage of the amount of credit extended; however, such compensation may be subject to a minimum or maximum dollar amount. (iii)this paragraph (d)(1) shall not apply to any transaction in which paragraph (d)(2) of this section applies. (2)Payments by persons other than consumer. If any loan originator receives compensation directly from a consumer in a consumer credit transaction secured by a dwelling: (i)no loan originator shall receive compensation, directly or indirectly, from any person other than the consumer in connection with the transaction; and (ii)no person who knows or has reason to know of the consumer-paid compensation to the loan originator (other than the consumer) shall pay any compensation to a loan originator, directly or indirectly, in connection with the transaction. (3)Affiliates. For purposes of this paragraph (d), affiliates shall be treated as a single person. No mandatory arbitration and no nonjudicial resolutions may be in consumer contracts for consumer home loans. Effective January 1, 2013 ( (h((1) Arbitration. A contract or other agreement for a consumer credit transaction secured by a dwelling (including a home equity line of credit secured by the consumer's principal dwelling) may not include terms that require arbitration or any other non-judicial procedure to resolve any controversy or settle any
2 claims arising out of the transaction. This prohibition does not limit a consumer and creditor or any assignee from agreeing, after a dispute or claim under the transaction arises, to settle or use arbitration or other non-judicial procedure to resolve that dispute or claim. (2)No waivers of Federal statutory causes of action. A contract or other agreement relating to a consumer credit transaction secured by a dwelling (including a home equity line of credit secured by the consumer's principal dwelling) may not be applied or interpreted to bar a consumer from bringing a claim in court pursuant to any provision of law for damages or other relief in connection with any alleged violation of any Federal law. This prohibition does not limit a consumer and creditor or any assignee from agreeing, after a dispute or claim under the transaction arises, to settle or use arbitration or other non-judicial procedure to resolve that dispute or claim. Redefining of loan originator points and fees Clarifying and revising the definition of points and fees for purposes of the qualified mortgage points and fees cap and the high-cost mortgage points and fees threshold, as adopted in the 2013 ATR Final Rule and the 2013 HOEPA Final Rule, Redefining Loan Originator Definition of who is a loan originator Revising the definition of loan originator in the regulatory text and commentary, such as provisions addressing when employees of a creditor or loan originator in certain administrative or clerical roles (e.g., tellers or greeters) may become loan originators and thus subject to the rule. upon providing contact information or credit applications for loan originators or creditors to consumers. A person who, for or in expectation of direct or indirect compensation or other monetary gain, engages in a defined set of activities or services (unless otherwise excluded). Section (a) describes these activities broadly to include any such person who takes an application, offers, arranges, assists a consumer in obtaining or applying to obtain, negotiates, or otherwise obtains or makes an extension of consumer credit for another person; or through advertising or other means of communication represents to the public that such person can or will perform any of these activities. Commentary to (a) further describes and provides illustrations of these activities, including how the practice of referring consumers to creditors or loan originators, may affect one s status under the section. Persons who act as assistants to loan originators to perform clerical or administrative tasks on a loan originator s behalf without becoming loan originators themselves. To be eligible for the exclusion, however, the person must not, among other things, offer or negotiate credit terms available from a creditor. Definition of loan originator does not include a creditor s or loan originator s employee who provides loan originator or creditor contact information to a consumer, provided the employee does not, among other things, discuss particular credit terms available from a creditor. Loss Mitigation With respect to loss mitigation, two of the revisions concern the requirement in (b)(2)(i) that a servicer review a borrower s loss mitigation application within five days and provide a notice to the borrower acknowledging receipt and informing the borrower whether the application is complete or incomplete. If the servicer does not deem the application complete, the servicer s notice must also list the missing items and suggest the borrower provide the information by the earliest remaining of four dates specified in the regulation. The changes replace the four specified dates with a requirement that a servicer Page 2 of 14
3 give a borrower a reasonable date by which the borrower should in which to provide the missing information. The amendments explain what actions constitute the first notice or filing for purposes of the general ban on proceeding to foreclosure before a borrower is 120 days delinquent, and provide exemptions from the 120-day prohibition for foreclosures for certain reasons other than nonpayment. ( Docket No. CFPB RIN 3170-AA ) Page 3 of 14 These changes are quite extensive and quite detailed. As you can see it is signed September 12, 2013 by Richard Cordray, Director CFPB. If you would like more detail you can read it.if you have questions we can do a seminar on these changes depending on what legal entity would like to sponsor it. Covering these 274 pages of change which do include explanations is an entire one day seminar which possibly can be done in four hours. However, we would have to charge for our time. If you would like a seminar with the handout we would need you to pre-register. The seminar would be conducted on a Wednesday and the cost per person is $135. UNDER FEDERAL LAW CERTAIN TRANSFERS OF REAL PROPERTY DO NOT ALLOW LENDERS TO CALL IN THE NOTE (MORTGAGE) PURSUANT TO THE DUE ON SALES CLAUSE The Act appears as follows at 12 USC 1701j-3 - Preemption of due-on-sale prohibitions--garn-st. Germain Depository Institutions Act of 1982 Pub.L , H.R (d) EXEMPTION OF SPECIFIED TRANSFERS OR DISPOSITIONS With respect to a real property loan secured by a lien on residential real property containing less than five dwelling units, including a lien on the stock allocated to a dwelling unit in a cooperative housing corporation, or on a residential manufactured home, a lender may not exercise its option pursuant to a due-on-sale clause upon-- (1) the creation of a lien or other encumbrance subordinate to the lender's security instrument which does not relate to a transfer of rights of occupancy in the property; (2) the creation of a purchase money security interest for household appliances; (3) a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety; (4) the granting of a leasehold interest of three years or less not containing an option to purchase; (5) a transfer to a relative resulting from the death of a borrower; (6) a transfer where the spouse or children of the borrower become an owner of the property; (7) a transfer resulting from a decree of a dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the borrower becomes an owner of the property; (8) a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property; or
4 (9) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board. (12 usc 1701j-3) If you intend to transfer real property into a trust, check with your lender to be sure the due-on-sales clause is not triggered and get it in writing. In other words if you want the property in a trust call your attorney first. It is a lot less expensive than making the mistake and having a lender problem. Look before you leap. That is, make sure the exception applies and preferably get your lender to agree in writing as protection. COMPANIES CANNOT KEEP CALIFORNIA EMPLOYEES AT WORK AT END OF WORKING DAY TO SEARCH THEIR BAGS WHEN LEAVING WITHOUT PAYING THEM Apple Store employees who wait in line to have their bags searched after the end of a shift can sue for back wages. Factory workers who must put on safety equipment at work before starting a shift also should be paid for the time it takes to put on the safety equipment. Employees that are paid on commission or by piece rates are suing for time spent waiting around for the next task, OR taking on tasks the do not bring a commission. Insurance claim adjusters paid a flat rate for site visits but not for the driving time between sites were entitled to sue and the case settled. (ladjl9613) If the employer is making an employee wait for just about any reasons (e.g. the above) then the employer is risking a class action lawsuit. If you feel you have not been paid for time waiting off the clock you may want to call us to see if you have a case. Page 4 of 14
5 TAMARA TERESA TIKAL 43, OF CONTRA COSTA COUNTY, CALIFORNIA AND RAY JAN KORNFELD, 57, OF LAS VEGAS NEVADA ARRESTED FOR MORTGAGE FORECLOSURE FRAUD On September 12, 2013 TAMARA TERESA TIKAL, 43, OF BRENTWOOD IN CONTRA COSTA COUNTY, AND RAY JAN KORNFELD, 57, OF LAS VEGAS, were arrested for a continuing multistate scam that has defrauded distressed homeowners throughout California and elsewhere. On September 11, 2013 a federal grand jury returned a superseding indictment against ALAN DAVID TIKAL, 45, ADDING CHARGES FOR HIM AND CHARGING HIS WIFE TAMARA TIKAL AND KORNFELD, who allegedly continued the scam while he was in custody awaiting trial. The indictment was unsealed after the arrests today. According to court documents, beginning in January 2010, Alan Tikal operated a large-scale mortgage rescue scam by offering to eliminate homeowners mortgages and replace it with a new debt to his company KATN Trust. He claimed the new loan would only be for 25 percent of the original principal. Victims paid thousands of dollars in upfront fees and then made regular payments to him on their new loans. Tikal and his underlings instructed the victims not to pay their original mortgage and to ignore all correspondence from the original lenders. This resulted in many of the victims losing their homes to foreclosure. Alan Tikal was arrested on September 28, 2012, and indicted on charges of mail fraud. Following his arrest, federal law enforcement continued to investigate the case. In November 2012, law enforcement learned that the SCHEME WAS STILL GOING ON AND SEARCHED KATN S LAS VEGAS OFFICE, seizing multiple computers and thousands of documents. Later this year, law enforcement learned that despite these efforts, the scheme continued, with victim homeowners continuing to make payments to the defendants company. According to the superseding indictment, Tamara Tikal and Kornfeld have filled central roles in continuing to operate the scheme. A significant element of the continuing scheme has been an ongoing bankruptcy matter in the District of Nevada, filed in Alan Tikal s name. Tikal has listed the property of many of his client victims as his personal property, thus preventing the financial institutions holding interests in those properties from foreclosing on them. In all, Tikal s scheme has victimized more than a thousand homeowners, who have paid in excess of $3.4 million. Of the identified victim homeowners, approximately 95 percent reside in California and at least 185 resided within the Eastern District of California. The scam allegedly exploited bankruptcy law as a way to illegally halt foreclosure proceedings by mortgage lenders, including TARP recipients. Many of the duped homeowners did not speak English as their first language. As the foreclosure crisis continues, we are seeing a rise in scams that target struggling homeowners, said California Attorney General Harris. These predators rob innocent families of their life savings and their piece of the American dream. I am thankful for the fine work of the California Mortgage Fraud Strike Force and of our U.S. Department of Justice colleagues in cracking this case. Page 5 of 14
6 This case is a joint prosecution by the United States Attorney s Office for the Eastern District of California and the California Attorney General s Office. It is the product of an extensive investigation by the Special Inspector General for the Troubled Asset Relief Program (SIGTARP), Internal Revenue Service - Criminal Investigation, the California Department of Justice, and the Stanislaus County District Attorney s Office. Assistant United States Attorney Philip Ferrari and California Deputy Attorney General Maggy Krell are prosecuting the case. Tamara Tikal was to be arraigned in court in Sacramento on September 12, Kornfeld is expected to be brought to Sacramento for arraignment in the near future. Alan Tikal is currently scheduled to go to trial on February 3, If convicted, each of the defendants faces a sentence of up to 30 years in prison. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt. (usattyed91213) As alleged, that is what I would call an ongoing criminal enterprise. They are looking at a lot of prison time if convicted. Question is, if operating out of Nevada in part, how come no Nevada citizens were hit? If they need a good lawyer I know of two. CALIFORNIA AND SHASTA COUNTY SEE INCREASE IN FORECLOSURES In August 2013 Shasta County posted its highest total of foreclosures since April. These numbers are double from April Foreclosure activity in California also went up in August from 13,249 filings in July to 15,136 filings. (reccordsrchlite91213) If a property is in foreclosure and especially at the beginning of foreclosure we may be able to assist that person. There is no charge for a telephone consultation. If you have a client or know someone in foreclosure have them call us for a free telephone consultation at DALE JOHNSON OF LOS ANGELES, CALIFORNIA PLED GUILTY IN DENVER, COLORADO ALONG WITH SIX OTHERS TO MORTGAGE FRAUD THAT INVOLVED COLORADO PROPERTY In September 2013 DALE JOHNSON, AGE 46, OF LOS ANGELES, CALIFORNIA, pled guilty in Colorado in federal court to one count of wire fraud and one count of money laundering. Johnson is Page 6 of 14
7 scheduled to be sentenced on January 21, 2014, at 11:00 a.m. Johnson and six other co-defendants, as mentioned below, were indicted by a federal grand jury in Denver. The scheme began in March Johnson was a member of a BUSINESS GROUP BASED OUT OF CULVER CITY, CALIFORNIA, CALLED SYNERGY. In early 2006, Synergy was MADE UP OF DALE JOHNSON (PRESIDENT AND CHIEF EXECUTIVE OFFICER), DONALD BEVERLY (VICE PRESIDENT OF NEW BUSINESS DEVELOPMENT), RONALD BENJAMIN (REGIONAL MANAGER AND SENIOR VICE PRESIDENT OF SALES & MARKETING), JIMMY HUTCHINSON (CHIEF FINANCIAL OFFICER), AND VINCENT JACKSON (VICE PRESIDENT OF MARKETING). In 2006, Johnson began to present Synergy members with a number of properties available for purchase in Colorado. He began to develop business relationships with various real estate professionals in Colorado, to include JERRY MINNEY (REAL ESTATE BROKER) AND SCOTT GOLDBERG (MORTGAGE BROKER). Minney and Golderg assisted Synergy members in the purchase of various homes in Colorado. Johnson and other Synergy members began traveling to Colorado, where they started purchasing multiple residential properties. The homes were typically purchased in the individual member s own name, using the member s personal credit history to qualify for the purchases. Johnson and others typically identified the property and helped arrange for the purchase by a Synergy member. As part of the scheme, Synergy members with the assistance of Goldberg and other persons, submitted uniform residential loan applications to lenders in connection with qualifying for home loans. In a number of loan applications, Synergy members and other buyers provided, or assisted in providing, materially false statements, representations, and omissions to real estate lenders, or the lenders agents. False information included income, assets, debts, employment history, and/or intent to occupy the home as a primary residence. Furthermore, Synergy Members, with the assistance of Goldberg, Minney, and others, arranged for a portion of lender funds from home purchases to be paid to Synergy Members as kickbacks." Such kickbacks were often concealed from lenders through a series of false statements and material omissions made in connection with closings for properties or in connection with the loan documents submitted to the lenders. To further conceal the kickbacks from lenders, they routed payments through third parties posing as property management companies, such as 5280 DENVER REAL ESTATE and WILLOW PROPERTY MANAGEMENT, and through realtor commissions paid to BROKER ONE REAL ESTATE. Donald Beverly pled guilty on July 30, 2012, and is scheduled to be sentenced on November 20, Scott Goldberg pled guilty on June 12, 2012, and is scheduled to be sentenced on October 15, Vincent Jackson pled guilty on May 23, 2012, and was sentenced to 60 months of probation on October 17, Wire fraud carries a penalty of not more than 20 years in federal prison and a fine of up to $250,000 per count. Money laundering carries a penalty of not more than 10 years in federal prison and a fine of up to $250,000 per count. (usattco91013) Page 7 of 14
8 Colorado lenders might want to redo a detailed quality control check on their loan files for loans that came in through any of the above named persons or entities to evaluate risk of buyback from investors. CONNECTICUT PAIR GET OVER 4 YEARS AND 2 YEARS IN FEDERAL PRISON FOR MORTGAGE FRAUD - On September 12, 2013 a Meriden, Connecticut man and one other sentenced to prison for their respective roles in an extensive mortgage fraud scheme related to the purchases of numerous homes in New Haven. KWAME NKRUMAH, A/K/A ROGER WOODSON, 57, OF MERIDEN, WAS SENTENCED TO 48 MONTHS IN PRISON. CHARMAINE DAVIS, 54, OF WATERBURY, ALSO SENTENCED SEPT. 6 TO 24 MONTHS IN PRISON in connection with the same case. Nkrumah had pleaded guilty to an indictment charging him with conspiracy to commit mail, bank, and wire fraud in two separate mortgage fraud schemes from September 2006 to November Nkrumah, his conspirators, and others, received millions of dollars in residential real estate loans by submitting false loan applications, fictitious leases, and false down payments to mortgage lenders. Nkrumah and his conspirators hid from mortgage lenders the true sales price of the houses through, among other things, the use of two HUD-1 forms, only one of which was sent to the lender, and secret contract addenda. The buyers often received payments at closing, but those payments were not disclosed to the mortgage lender. The conspirators entered into sales contracts with property sellers for prices that were higher than the actual prices the sellers received at closing. The conspirators then executed contract addenda that reflected the actual, lower prices. While the sales contracts bearing the contract price would be disclosed to mortgage lenders, the contract addenda were never disclosed. Nkrumah also pleaded guilty to conspiracy to defraud mortgage lenders in connection with the purchase of other New Haven properties in early Nkrumah and others submitted fraudulent loan applications, HUD-1 forms, employment verification forms and other documentation to mortgage lenders to obtain financing to purchase properties. Nkrumah submitted multiple false employment verification forms indicating that an individual borrower was employed as an office manager at All WORLD REALTY ENTERPRISE AND/OR HOMESAVERS LLC when, in fact, those statements were not true. In addition to the prison term, Judge Hall sentenced Nkrumah and Davis each to five years of supervised release. She ordered Nkrumah to forfeit $113,080 and pay restitution of $2,939. Davis was fined $6,000 and ordered to forfeit $39,434. (meridiandisp91313) Page 8 of 14
9 Page 9 of 14 The federal prosecutors are still investigating loans that funded in They have ten years to charge someone with mortgage fraud so can investigate loans that occurred in 2004 forward and still indict. Notice the sentencing. It is getting stiffer. This is a political football but it makes them look good. So if anyone reading this has been involved (even peripherally) with one or more questionable loans you might want to consider contacting us now before federal agents contact you. If contacted, the only thing you should say is you would like your attorney present. They usually visit about 8 a.m. in the morning when you are just waking up and getting ready for work. That is when a person is most vulnerable in this lawyers opinion and is taken by surprise. They are always polite and soft spoken. Just exercise your constitutional right to have your attorney present. DAVID OVIST OF LAKE OSWEGO, OREGON DRAWS OVER FOUR YEARS IN FEDERAL PRISON FOR MORTGAGE FRAUD On September 9, 2013 DAVID OVIST, 45, OF LAKE OSWEGO, OREGON, WAS SENTENCED for his role in a $2.5 million mortgage fraud scheme that involved four other investors who were also sentenced recently. U.S. District Court Judge Anna J. Brown SENTENCED DAVID OVIST TO 57 MONTHS IN PRISON and three years of supervised release. Ovist was a licensed mortgage loan broker and the OWNER OF OREGON MORTGAGE SERVICES INC., LOCATED IN BEAVERTON, OREGON. He was also a real estate investor. On February 8, 2013, Ovist was convicted of bank fraud and wire fraud following a 10-day jury trial for preparing residential loan applications for 12 different properties that falsified the borrower s financial qualifications. The applications were then submitted by Ovist to seven different banks and mortgage lenders. Ovist and the other investors manipulated the underwriting process in order to qualify borrowers for home loans they would not otherwise be qualified for so the investors could buy houses as an investment. Ovist or the other investors falsified information about borrowers who had been recruited to obtain loans in their names because they had good credit, even though they could not otherwise qualify for the loans. They falsely inflated the monthly income stated on the home loan applications, omitted liabilities including other mortgages, falsely claimed that the borrower intended to live in the property as a primary residence rather than purchase it as an investment property, used straw buyers to obtain loans for some of the properties, forged rental agreements to make it appear as if a borrower received rental income when she did not, and falsified employment verifications about the existence, nature, and length of a borrower s employment. Judge Brown recently sentenced four other investors for their roles in the scheme. DON KAZLAUSKAS, 46, OF PORTLAND, OREGON, WAS SENTENCED TO SIX MONTHS IN PRISON, FOLLOWED BY SIX MONTHS OF HOME DETENTION AND THREE YEARS OF SUPERVISED RELEASE. JACOB SHOOP, 30, OF PORTLAND, OREGON, WAS SENTENCED TO SIX MONTHS OF HOME DETENTION, AND THREE YEARS OF SUPERVISED RELEASE. SHOOP S FATHER, RICKI SHOOP, 58, OF PORTLAND, OREGON, WAS SENTENCED TO TWO MONTHS OF HOME DETENTION AND THREE YEARS OF SUPERVISED RELEASE, AND HIS MOTHER,
10 SHERRIE INOUYE, 58, OF PORTLAND, OREGON, WAS SENTENCED TO THREE YEARS OF SUPERVISED RELEASE. At the sentencing of Ovist, Judge Brown stated, The criminal conduct here is so repetitious and so serious that it requires a prison sentence. The court rejected the notion that a white-collar defendant with no criminal record should be sentenced to probation, saying, Somehow the notion is that prison isn t going to happen. But it does. (usattyor9913) Page 10 of 14 Did you notice Father, Mother and son convicted? The family that commits mortgage fraud together gets convicted of felony fraud together and there are a lot of disabilities that go along with federal felony convictions. If you would like to know what they are call me. VIRGINIA FEDERAL COURT SENTENCES TWO FORECLOSURE RESCUE ARTISTS FROM SAN DIEGO, CALIFORNIA AND LECANTO, FLORIDA TO 11 YEARS AND 6 YEARS IN FEDERAL PRISON On September 13, 2013 after pleading guilty MARK S. FARHOOD, 49, FORMERLY OF SAN DIEGO, CALIFORNIA, AND JASON S. SANT, 38, OF LECANTO, FLORIDA, were sentenced for their roles in operating a nationwide online foreclosure rescue scam that went by various names, including HOME ADVOCATE TRUSTEES AND WALK AWAY TODAY, and used various websites, including walkawaytoday.org and sellfastusa.com, to deceive hundreds of vulnerable, distressed homeowners into surrendering their properties to the company. FARHOOD WAS SENTENCED TO 11 YEARS IN PRISON. SANT WAS SENTENCED TO SIX YEARS IN PRISON. Each was also ordered to FORFEIT APPROXIMATELY $2.0 MILLION in fraud proceeds to the government, along with various bank accounts and other assets. Farhood and Sant co-owned HOME ADVOCATE TRUSTEES, which also went by the names, WALK AWAY TODAY, FIRST EQUITY TRUSTEES, HOME SECURITY CONSULTANTS, SELL FAST USA, SHORT SALE BUYER, USA SELL HOUSE FAST, AND USA RENTAL HOUSING. They marketed the businesses nationwide as purchasers of distressed real estate and a means by which vulnerable homeowners could avoid foreclosure and the accompanying negative effects on their credit. The companies told homeowners they were in the business of negotiating with lenders to purchase mortgage notes at a discount and falsely claimed to have been in business for 17 years, to have experienced a 90 percent success rate in purchasing such notes, and to be the nation s largest volume buyer of short sale and overleveraged real estate. Sant and Farhood admitted in connection with their pleas, the businesses were a fraud, no such negotiations with lenders ever took place, and the scheme was merely a way for them to take possession of hundreds of residential properties, including homes within the Eastern District of Virginia, at virtually no cost and then reap millions of dollars in profits by renting the homes to unsuspecting tenants.
11 Farhood and Sant further admitted that as part of the scheme, they submitted fraudulent loan modification applications to mortgage lenders under the Treasury Department s Making Home Affordable Program in the name of homeowners, without the homeowners knowledge or consent. Farhood and Sant used the fraudulent applications to stall foreclosures on the properties under their control and for which no mortgage payments were being made and to maximize the time period during which they could collect rental income. The homes purportedly sold to Home Advocate Trustees and its related entities ended in foreclosure, harming the participating homeowners and commonly resulting in eviction of the tenants. (usattyedva91313) Gee. They paid $2 million to go to prison THE INFORMATION CONTAINED HEREIN IS NOT LEGAL ADVICE. AN ATTORNEY SHOULD BE CONSULTED IF YOU DESIRE LEGAL ADVICE. SPEAKERS AND SPEAKING ENGAGEMENT DATE: SEPT. 17, 2013 TIME: 8:45 a.m. to 9:45 a.m. LOCATION: C&S CALIFORNIA CAPITAL 644 S. Barranca Pkwy, Covina, CA TOPIC: Legal Updates for the mortgage loan originators and realtors. The process of both.. Mr. Thordsen will stay to answer all questions on this or any other subject as long as necessary. DO YOU KNOW HOW TO RESPOND TO A PHONE CALL FROM THE BUREAU OF REAL ESTATE? THERE IS A BEST WAY. Page 11 of 14 Fred Kreger-Learn about the Qualified Mortgage and the factors you have to consider on the ability to repay. Bill Ruh Govt. Affairs Citrus Valley Association of Realtors-Key updates on laws affecting realtors. Fran Williams-Alternative lending products. COME LEARN, ASK ANY QUESTIONS OF THE SPEAKERS AND THE ATTORNEY ON ANY AREA OF LAW.
12 IF YOU ARE A MEMBER OF CAMP OR JOIN YOU RECEIVE A BENEFIT OF ONE HALF HOUR PER MONTH FREE LEGAL ADVICE ON ANY LEGAL SUBJECT, NOT JUST REAL ESTATE SPEAKER: See above COST: FREE REGISTRATION: Register at NOTE: SPONSORED BY C&S CALIFORNIA CAPITAL DATE: WEDNESDAY, OCTOBER 23, 2013 TIME: 9:45 A.M. NOON 1:30 P.M. -3:30 P.M. LOCATION: TOPIC: SPEAKER: COST: ORANGE COUNTY-EXACT LOCATION TO BE ANNOUNCED TWO WEEKS BEFORE DEPENDING ON SIZE OF ATTENDANCE. CFPB FINAL RULES ON THE FINAL RULES PREVIOUSLY ISSUED REGARDING AMENDMENTS TO 2013 MORTGAGE RULES UNDER ECOA, RESPA AND TILA INCLUDING UPDATED DEFINITION OF LOAN ORIGINATOR HERMAN THORDSEN, ATTORNEY AT LAW $135 PER ATTENDEE. REGISTRATION MUST BE IN ADVANCE AND PRE- PAID. UNLESS CANCELLED THERE WILL BE NO REFUNDS BECAUSE OF DIRECT COSTS. LUNCH WILL BE PROVIDED.. YOU MUST PRE-REGISTER BEFORE OCTOBER 10, 2013 BY CHECK OR CREDIT CARD. REGISTRATIONS AFTER THAT DATE WILL BE $185 PER PERSON. (SUBJECT TO BEING CANCELLED- IF CANCELLED ALL PRE- REGISTRATIONS WILL BE REFUNDED. The Thordsen Law Firm for over 40 years represents clients in business litigation, personal injury, trusts and agency hearings among other matters. We have successfully represented companies and individuals in many civil matters including but not limited to those under investigation or charged with violations of licensing laws and regulations, including HUD/FHA, FDIC requests for loss paybacks on loans submitted to banks taken over by the FDIC as well as those under investigation or charged with mortgage fraud. We develop and advise companies on audit procedures and policies to avoid violation of CFPB, HUD/FHA and state agency licensing laws and regulations such as the Consumer Financial Protection Bureau, Dodd Frank Act and federal and state mortgage fraud laws. We actively defend individuals in demands from lenders and federal agencies to buy back loans or pay for losses on loans. We are a full service law firm. On Federal Matters we represent clients nationwide. Our Attorneys are licensed in California and Nevada representing clients in matters where they have suffered personal injury Page 12 of 14
13 or are in need of a fresh start by filing for bankruptcy protection or in need of protecting their assets through trusts and wills. The firm attorneys represent numerous clients in many areas of law including Personal Injury, trust and wills for asset protection, criminal white collar defense, defending against CALIFORNIA DRE, HUD/FHA and FDIC accusations, copyright and trademark protection, bankruptcy, defending civil suits brought against loan originators that are sued by borrowers, for repayment of losses on mortgage loans, mortgage fraud defense and general real estate matters. Among others we are counsel to lenders, realtors, mortgage brokers in California and nationally. We are counsel to state trade associations in California, Nevada and Arizona. If we may serve you please contact one of our attorneys Toll Free at (888) Herman Thordsen, Esq. Jozef G. Magyar, Esq. Sean Thordsen, Esq. Our trial lawyer for our personal injury cases is Alan Brown a member of the National Trial Lawyers Association and past president of the Orange County Trial Lawyers Association. The National Trial Lawyers of America is by invitation only to the 100 top trial lawyers in each state. We are quite proud of Alan s accomplishment and the fact that we may serve those of you that have been injured so that you receive just compensation for your injuries. Recently he has settled two our cases for the entire insurance policy of the defendant and one a trial where the defendant said the plaintiff ran the red light. Well Alan won so it must have been the defendant the jury did not believe. Give Herman a call at to see if we can assist you with your personal injury matter. IF YOU WOULD LIKE TO SUBSCRIBE TO THE MORTGAGE E-ALERT AT NO COST, PLEASE SUBMIT THE FOLLOWING INFORMATION TO THORDSEN Page 13 of 14
14 LAW OFFICES MAIL OR FAX TO (714) ATTN: THORDSEN LAW OFFICES, 151 KALMUS DRIVE, SUITE B250, COSTA MESA, CA ATTN: H. THORDSEN NAME: COMPANY: ADDRESS: CITY, STATE, ZIP CODE: TELEPHONE: If you do not desire to receive any further e mails from our firm please reply with the word UNSUBSCRIBE and you will be deleted from our e mail for all purposes. Page 14 of 14
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Regulation X Real Estate Settlement Procedures Act The Real Estate Settlement Procedures Act of 1974 (RESPA) (12 U.S.C. 2601 et seq.) (the Act) became effective on June 20, 1975. The Act requires lenders,
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Mortgage Fraud: Wells Fargo Wins, Homeowners, Attorney Generals and Courts Lose Author: Joshua W. Denbeaux Lead Investigator & Researcher: Joseph Hickman Global Research Solutions, LLC Publication Date:
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