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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5664
Experience:  28 years of experience in General Practice, Real Estate Law and Estate Law.
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I need a lawyer to represent me in a fraud case regarding the

Customer Question

I need a lawyer to represent me in a fraud case regarding the sale of my home @***** here in Rochester N.Y. . I have spoken with 2 F.B.I. agents located in Scottsville. Both agents have informed me that I have defrauded and I should seek legal representation, asap. I would like to sue the following parties... Patrick Maloney ,the seller. Shapiro and DiCarro, my atty. who represented me, and Chase Bank and the Mortgage Broker Sean O`Brien. F.B.I. agents both named Dave have spoken with Mr. Maloney and he has agreed to fully co-operate. I bought a home for $3,100. the house actually cost $1. Mr. Maloney along with the Mortgage Broker Sean O`Brien and Shapirro, of Shapirro and DiCarro all divided up the check that Chase Bank sent on my behalf as the Buyer of the house. They expected me to repay the loan back. The house needed approx. $30,000 worth of work. I need help !my Hud 1 statement shows it all.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.
I am so sorry that this has happened to you. Do you know if the FBI intends to have this case prosecuted?
Expert:  Attyadvisor replied 1 year ago.
This is a general information site. while the attorneys on the site cannot personally represent you we can tell you what steps you can take in this matter. Have filed an FTC or Consumer protection complaint with the State or is contacting the site your first step?
Expert:  Attyadvisor replied 1 year ago.
Have you filed a complaint against the attorney with the State Bar Association?
Expert:  Attyadvisor replied 1 year ago.
http://www.nycourts.gov/attorneys/grievance/complaints.shtml
Expert:  Attyadvisor replied 1 year ago.
Are you online with me?
Expert:  Attyadvisor replied 1 year ago.
The first step is to file a HUD/RESPA complaint with the U.S. Department of Housing and Urban Development at
Director, Office of RESPA and Interstate Land Sales
U.S. Department of Housing and Urban Development
Room 9154 ***** SW
Washington, DC 20410
Email
Phone:(###) ###-####
The Real Estate Settlement Procedures Act (RESPA)
“Section 8: kickbacks, fee-splitting, unearned fees
Section 8 of RESPA prohibits anyone from giving or accepting a fee, kickback or anything of value in exchange for referrals of settlement service business involving a federally related mortgage loan. In addition, RESPA prohibits fee splitting and receiving unearned fees for services not actually performed.
Violations of Section 8's anti-kickback, referral fees and unearned fees provisions of RESPA are subject to criminal and civil penalties. In a criminal case a person who violates Section 8 may be fined up to $10,000 and imprisoned up to one year. In a private law suit a person who violates Section 8 may be liable to the person charged for the settlement service an amount equal to three times the amount of the charge paid for the service.
Section 9: Seller required title insurance
Section 9 of RESPA prohibits a seller from requiring the home buyer to use a particular title insurance company, either directly or indirectly, as a condition of sale. Buyers may sue a seller who violates this provision for an amount equal to three times all charges made for the title insurance.
Section 10: Limits on escrow accounts
Section 10 of RESPA sets limits on the amounts that a lender may require a borrower to put into an escrow account for purposes of paying taxes, hazard insurance and other charges related to the property. RESPA does not require lenders to impose an escrow account on borrowers; however, certain government loan programs or lenders may require escrow accounts as a condition of the loan.
During the course of the loan, RESPA prohibits a lender from charging excessive amounts for the escrow account. Each month the lender may require a borrower to pay into the escrow account no more than 1/12 of the total of all disbursements payable during the year, plus an amount necessary to pay for any shortage in the account. In addition, the lender may require a cushion, not to exceed an amount equal to 1/6 of the total disbursements for the year.
The lender must perform an escrow account analysis once during the year and notify borrowers of any shortage. Any excess of $50 or more must be returned to the borrower.
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RESPA enforcement
Civil law suits
Individuals have one (1) year to bring a private law suit to enforce violations of Section 8 or 9. A person may bring an action for violations of Section 6 within three years. Lawsuits for violations of Section 6, 8, or 9 may be brought in any federal district court in the district in which the property is located or where the violation is alleged to have occurred.
HUD, a State Attorney General or State insurance commissioner may bring an injunctive action to enforce violations of Section 6, 8 or 9 of RESPA within three (3) years.
Loan servicing complaints
Section 6 provides borrowers with important consumer protections relating to the servicing of their loans. Under Section 6 of RESPA, borrowers who have a problem with the servicing of their loan (including escrow account questions), should contact their loan servicer in writing, outlining the nature of their complaint. The servicer must acknowledge the complaint in writing within 20 business days of receipt of the complaint. Within 60 business days the servicer must resolve the complaint by correcting the account or giving a statement of the reasons for its position. Until the complaint is resolved, borrowers should continue to make the servicer's required payment.
A borrower may bring a private law suit, or a group of borrowers may bring a class action suit, within three years, against a servicer who fails to comply with Section 6's provisions. Borrowers may obtain actual damages, as well as additional damages if there is a pattern of noncompliance.
Other enforcement actions
Under Section 10, HUD has authority to impose a civil penalty on loan servicers who do not submit initial or annual escrow account statements to borrowers. Borrowers should contact HUD's Office of RESPA and Interstate Land Sales to report servicers who fail to provide the required escrow account statements.
Filing a RESPA complaint
Persons who believe a settlement service provider has violated RESPA in an area in which the Department has enforcement authority (primarily sections 6, 8 and 9), may wish to file a complaint. The complaint should outline the violation and identify the violators by name, address and phone number. Complainants should also provide their own name and phone number for follow up questions from HUD. Requests for confidentiality will be honored. Complaints should be sent to:
Director, Office of RESPA and Interstate Land Sales
U.S. Department of Housing and Urban Development
Room 9154 ***** SW
Washington, DC 20410
Email
Phone:(###) ###-####
http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/ramh/res/respamor#PV
The 2nd step is to file a consumer protection complaint with the State if New York. The Attorney General prosecutes these types of matters and should be made aware of the situation at http://www.ag.ny.gov/bureau/consumer-frauds-bureau
This the link to file an online complaint with the Attorney General http://forms.ag.ny.gov/CIS/consumer-complaints.jsp
The FTC also takes complaints at
https://www.ftccomplaintassistant.gov/#crnt
As far as bringing your own lawsuit for fraud, the 3rd step is to set up a consultation with an experienced RESPA violations/fraud attorney.
This is a link for attorneys in the Rochester New York area that handle these matters and provide free consultations https://www.justia.com/lawyers/consumer-law/new-york/rochester
http://www.coccialaw.com/practice-areas/consumer-protection/
This is a link for attorneys that specialize in RESPA violation suits. http://www.wny-lawyers.com/attorney-in-rochester-ny/rochester-real-estate-attorneys/
The Monroe County Bar Association can also refer a reputable attorney to you at https://www.mcba.org/

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