On November 13, 2015, the Nassau County Clerk, finally recorded and released a decision that had been made by a Judge on October 29. This decision is the first step in helping a homeowner to save her home from the clutches of criminals who defrauded her and more than 40 other homeowners in an equity skimming scheme, said her attorney, Brian McCaffrey.
In August of 2006, homeowner Barabara Evans, was approached by a company called Home Savers Consulting Corp. Home Savers approached Evans and promised to refinance her mortgage, but instead had her sign documents at closing that actually transferred the house to Steve Brown of Brooklyn, NY, (a Home Savers Consulting straw buyer).
Home Savers advertised to homeowners and promised to help them avoid foreclosure, keep their homes and repair their damaged credit. The owners of Home Savers and co-conspirators, Phil Simon and Garth Celestine mislead the homeowners into believing that they could avoid foreclosure by refinancing, but instead would have the homeowners sign contracts of sale and transferring title to their homes to individuals who would act as “straw buyers” of the properties. The principals of Home Savers, Simon and Celestine are now serving federal prison terms for fraud in an equity skimming scam.
Evans has been involved in a fight to keep her home since the lender Countrywide, instituted a 2007 mortgage foreclosure action on her home against Steve Brown, the Home Savers straw buyer. The fraudsters incorrectly filed the deed that Evans signed, leaving her on title to the property, and the 2007 case against her was dismissed because of errors in the foreclosure filing. Late this year she became aware of another foreclosure that was commenced in 2009 against her.
Evans contacted well know foreclosure attorney Brian McCaffrey, whose firm went to work in building the legal case needed to save Evans’ home. McCaffrey was successful in obtaining the Order dismissing the 2009 action and is now developing the legal case to invalidate the deed between Evans and Brown, and expunging the fraudulent mortgage.
McCaffrey explained that “Because the first foreclosure was commenced in 2007 by Countrywide, this lender is now precluded by the statute of limitations from ever foreclosing again.” and “Our firm is now evaluating the next steps, which include removing Steve Brown from title by having the fraudulent deed invalidated and then suing the lender to expunge the mortgage.”
In this case the homeowner who was scammed by Home Savers, is on track to get her home free and clear of the attempted fraud because of the quick and decisive action taken by the law firm she employed.
McCaffrey explained that his office had been to the Nassau County Clerks office numerous times since he received notice that an undefined decision had been rendered, but the Clerk’s office took more than two weeks to record the decision. McCaffrey opined, “Nassau County is one of the highest taxed areas in the country, but yet their systems are antiquated… unlike many municipalities who scan everything and make it available electronically, Nassau County still uses a paper based system where you have to wait in line to get copies… quite frankly it’s frustrating and inexplicable.”
If you are facing foreclosure, seek legal counsel immediately to evaluate your chances of fighting back to keep your home.