All Forum Posts by: Jesse LeBlanc

Here was an old post from earlier this year I made on BP then all of these folks threatened me until I took it down.  But now I need to make another post to protect other lenders etc. See pic attached

@Chris Seveney I was a Transactional Lender, single closings, buyers lender accepted seller carry back. They needed my funds to satisfy the hud, my money is escrow was NEVER to be wired anywhere but only remain in escrow to complete $ need for HUD along with buyers lender. My payoff was then added to the sellers side, I'd be paid back at the time of closing and seller and buyer then would take 2nd position from seller finance and my payoff on sellers side should have been wired back to me.

Never disclosing another lien on the seller side and nothing in the HUD, we theoretically had no concerns. If the buyer's lender didn't send their funds or deal fell through, I'd get my wire back.

literally the ONLY risk that I’d face, was exactly what happened. Not even wire fraud, we’ve wired to and from this same attorney on the EXACT same process months prior. Yes, the closing attorney wired our funds, the buyers lender backed out, too late my money was gone and attorney claimed for a week her escrow account was frozen and lied about what really happened until I discovered it and confronted her.

@Kevin Sobilo I didn’t state that because I don’t know it to be a fact yet. I’ve not discovered at this time that the closing attorney did this intentionally, she states she knew she sent the wire BEFORE things were closed and admitted it a week later after I discovered it all, but now 100% denies everything. So it’s beginning to sound more like they may have all been working together.

The SIGNED HUD by all parties we were provided didn't have the prior lien holder on it, so there is certainly deception, fraud there for knowing but intentionally leaving it off the hud by the attorney for sure and not disclosing it, but otherwise no, I've not confirmed yet if this was all of them working together or just gross negligence on her end and then a situation between borrower and lender no one at the time knew of that just happened to be multiple issues that were later discovered because of one mistake of the closing attorney when the lender and borrower might have thought it legit was closing and no one would have known and then all would have been fine.

and yes, TO THE PENNY, the amount they needed from me ended up to be the EXACT amount which was then wired to the lender to satisfy their lien, BEFORE FORECLOSURE BTW. 

@Kevin Sobilo mostly nailed it, and yes if the lender and borrower knew the attorney was paying them and knew the deal wasn’t going to close for the sake of them all getting money, and EXTRA MONEY on top with the intent of defrauding me for an even larger amount then yes, I’m still thinking it’s mortgage fraud.  But specifically looking to see if increasing a payoff for that purpose is legit considered mortgage fraud, that plus something else?  Who governs the bank and what would they do about that bank president who knowingly did this is more of what I’m looking to research. But def on to something here and I appreciate your reply there for sure!

Thank you @Jay Hinrichs, I actually meant to tag you a bit ago but was working from my cellphone and wouldn’t let me find you. So glad you sent this over though.  

@Chris Seveney it is in GA. I do have my litigation attorney on our main priority of partial summary judgment for the lien. Everything else will come out long down the rd in trial but for now I’m just picking brains and finding more facts with supporting evidence for actual OCGA law and or other repercussions the lender could face once we finally bring this up or I begin working with the FBI and local authorities on the other matters in the case and want to have as much info I can get ahead of time to begin documenting any case law etc to expedite the process later. 

I’d still take your attorney contact though if you can PM me perhaps?

@Chris Seveney, it's confusing becuase you may not want to believe what I've stated assuming the NORMAL process of a closing happend.  It's an ODD scenario not one closing attorney I've ever talked to has happend.  So just trust me when I say, I DON'T HAVE MY MONEY.

I already know I can go through litigation and eventually get the lien on the property and foreclose.  I'm not asking about all that. I'm just wanting to know about what MOST people probably have no clue about and hoping I can get someone who does to answer about is it legal for a lender to change a payoff KNOWING that there was no extra fees, interest etc that was actually owed for a higher amount with the purpose of then sending money they received IN ERROR to then pay their borrower back the extra money on the side.

Again, long story short, my well over 2M was sitting in escrow with a closing attorney.  The property didn't close and I was to get my wire back.  Closing attorney INSTEAD intentionally, possibly by pressure from the lender and fraud (TBD) to illegally use my money to pay off this other lender (WITHOUT ME KNOWING OF THE LENDER or LIEN even existed) who then refused to wire the money back to the closing attorney KNOWING that they increased the payoff and if they sent the money back to the attorney, they wouldn't have recouped the EXTRA money they gave to the borrower under the table, hints why they didn't send the money back.

Yes, I know what they all did was fraud and i'm in litigation etc, but my question still stands. Is KNOWINGLY increasing a payoff to an amount ABOVE what was technically and verifiably owed illegal for the lender and or borrower to do?

For anyone else that responds, please refrain from assumptions, allegations or opinions. I’m not looking for responses from those who don’t know the law and only making assumptions.  Direct question, I’ll answer but stick to the facts with supporting documentation to your response please.

@Kevin Sobilo I do grately respect your response but trying to stick to my questions.

 I’m already doing all of that, which is why I didn’t want to get into more detail and everyone get side tracked from my specific question with the facts given.  I’m specifically looking for responses with factual supporting proof whether it’s a criminal offense or not and what it could mean for the lender, less about my litigation.  

BTW we're talking several MILLION here not small chump change. Yes I have E&O claims etc in the works, yes I'm in litigation and we're underway for GA law of "Subrogation" stepping in to obtain a lien in place of prior lender.

But I’m still looking for answers to my questions with supporting evidence IF it’s a criminal offense (likely mortgage fraud) but also could there be further investigation of this bank by the FEDs or? 

@Kevin Sobilo In my scenario, to keep it brief, my funds were in escrow. Property didn’t finalize or close and my funds were to be sent back to me, however closing attorney already wired my funds from escrow to payoff a lien holder who later refused to send the wire back to the attorney. Further research, I discovered lender and borrower (seller) negotiated an inflated payoff, hints why lender didn’t send $ back because they now knew they’d be out the extra money since their borrower had already spent most of those funds.