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ABN AMRO Files Civil Suit in South Carolina

Wednesday, July 13 2005 04:29
Action Alleges Manipulation of Real Estate Values

ABN AMRO Mortgage Group, Inc. filed a lawsuit in the United States District Court for the District of South Carolina, Columbia Division against the following defendants:

SAJJ LLC dba US Capital of South Carolina dba US Capital Funding

Mark Anderson aka Mark D Anderson dba Creative Solutions Group

Mark Stewart aka Mark A Stewart aka Creative Solutions Group

Alex J Newton (attorney, alleged to have acted as closing attorney for some of the mortgage loans which are the subject of the lawsuit.)

Morris Hardwick Schneider LLC (alleged that members are engaged in practice of law and that firm was created by merger of law firms of Jackson and Hardwick and Morris & Schneider and that attorneys practicing in the law firm of Jackson and Hardwick acted as closing attorneys for some of the mortgage loans that are subject of the lawsuit.)

H Michael Spivey (attorney, alleged to have acted as closing attorney for some of the mortgage loans that are the subject of the lawsuit.)

Nicholas D Atria (attorney, alleged to have acted as closing attorney for one of the mortgage loans that are the subject of the lawsuit.)

Vision Enterprises Inc

Next Generation LP

James Byrd

Eric Byrd

Charles Byrd

Dionne Byrd

Michael Shane McMorris aka Michael McMorris

Myra Elaine McMorris

Isaiah McMorris (alleged to have sometimes done business as McMorris Renovations)

Charles L Grogan

Charles W Grogan

Eunice F Grogan

James W Fayssoux (attorney, alleged to have been owner of at least one piece of real property on which Plaintiff had a mortgage lien.)

Anderson Fayssoux and Chasteen, Attorneys at Law, PA (alleged that attorneys practicing in the lawfirm acted as closing attorneys for some of the mortgage loans that are the subject of the lawsuit.)

The Trustees and Plan Sponsor of the Anderson and Fayssoux Pension and Profit Sharing Plan

The Epps Company Inc (real estate appraising business)

Byron B Epps (appraiser, alleged as owner of at least one piece of real property on which the Plaintiff had a mortgage lien.)

Wilmer Raymond Ammons (appraiser)

The complaint alleges that ABN AMRO entered into a wholesale lending agreement with U.S. Capital on September 13, 2000 and that Plaintiff purchased and funded over 100 loans submitted by U.S. Capital secured by properties in Richland, Spartanburg, Greenville and Cherokee Counties, South Carolina during 2000, 2001 and 2002. The complaint involves allegations of inflated appraisals, purchase transactions disguised as refinances, fictitious or improper obligations reflected on settlement statements, false and misleading information in loan documentation and transfer of title among several specific defendants at "exaggerated and progressively increasing false values in an attempt to deceive the Plaintiff and others as to the true value of the property and to create a record in the offices of the registers of deeds to support the valuations. Further details of the allegations are available in the Complaint - Click here to view.

The Complaint includes causes of action for violation of the South Carolina Unfair Trade Practices Act, Fraud, Negligent Misrepresentation, Civil Conspiracy, Violations of the Racketeering Influenced Corrupt Organizations Act Section 1962(c) and (d) (RICO), Breach of Contract (against U.S. Capital) and Professional Negligence (please see Complaint for specific defendants.)

4 comments

  • Comment Link victor ruiz Monday, December 27 2010 10:19 posted by victor ruiz

    Im going to get straight to the point with my situation.In 2006,I gave power of attorney to an aquaintance of mine.He was supposed to help me fixed my credit and which he did at first.I was only 19 and I had a lack of knowledge of this power of attorney and its experition.I really didnt know exactly what kind of things he was capable of doing and I had thought the power of attorney was only good for a year.In december 2008,I was deployed to Iraq for a year.In march 2009,I registered an online wachovia account in which I found 2 mortgage loans in my name that I never approved of.Apparently he purchised a home in columbia,sc back in march of 2007.I had went 2 years without even knowing I was a homeowner.I had went back home for my block leave in june,2009 and had the power of attorney revoked and tried to figure this out.I spoke to an attorney and he basically told me that I am liable for this because I did give him this right due to what the power of attorney says.I have been paying this mortgage payment of 730 dollars for almost 2 years now and trying to find some way out of this.I had spoke to another attorney and apparently I didnt sign the actual power of attorney.A man named Nicholas D. Atria was the attorney who approved this power of attorney in order which allowed him to get those 2 mortgage loans.A women named Jeniffer Baker was the one who co-signed in reguards of my aquaintnance (Benson Ector).I guess she was allowed to do that because it stated that in the power of of attorney.Well Im seeking help beacause this semes like a fraud mortgage case that Im going through.Ive been trying to contact Mr.Atria but cant get a hold of him.I would appreciate it if you can give me some advice or contacts of somebody that can help me....heres my cell number (909)556-6321 you can reach me here anytime and hope to hear from you soon...thank you

  • Comment Link anonymous Wednesday, December 02 2009 12:03 posted by anonymous

    mark stewart is on the board of trustees at piedmont community actions in spartanburg sc! and owns a bar and doesnt pay his employees!!! he is a snake and he is no good! u will see him soon on the news!!!

  • Comment Link David Monday, October 12 2009 15:40 posted by David

    What ever happened to Mark Stewart. Newton,Byrd, etc went to jail. Did Stewart go to jail? If not, how?

  • Comment Link Simpson Monday, March 27 2006 04:35 posted by Simpson

    Trying to findout specifics

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Rachel Dollar Rachel Dollar, the editor of Mortgage Fraud Blog is an attorney and Certified Mortgage Banker who handles litigation for lending institutions and secondary market investors.
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