Tuesday, June 20, 2023

 

HUD Charges New York Corporation and Associated Entities for Targeting Black Caribbean Homeowners in Fraudulent Mortgage Scam

HUD has charged multiple entities and individuals related to the Homeowner Assistance Services of New York (HASNY) with housing discrimination for perpetrating a scheme to deceive distressed homeowners into forfeiting title to their homes. HUD’s charge alleges that HASNY – plus six individuals, Springfield Realty of New York, Inc., Martin Development and Management, LLC, Launch Development, LLC, 272 Milford Street, LLC, Advill Capital, LLC, and Petermark II, LLC - targeted New York City homeowners in violation of the Fair Housing Act. Read the Charge

The Charge, filed on behalf of seven homeowners, alleges that HASNY and its associates targeted the homeowners for fraudulent mortgage and foreclosure prevention assistance by filing illegitimate liens and using telemarketing to convince homeowners to engage with HASNY for refinance assistance. After the homeowners accepted their offer of assistance, they used false promises of legal assistance, reassurances, and outright lies to convince the homeowners to sign documents that unknowingly sold their homes to Martin Development, LLC and Launch Development, LLC, which resulted for most forced them to vacate their homes. HASNY’s actions were disproportionately concentrated in neighborhoods which had a high majority of persons of color, especially Blacks and of Caribbean descent. They also used “affinity marketing” to gain the trust of elderly, vulnerable, and distressed homeowners by having telemarketers use their shared national origin and cultural practices to build trust with the homeowners. 

The U.S. Department of Justice previously criminally charged 3 of the men, as well as several other HASNY employees, with bank and wire fraud crimes from the conduct alleged in the Charge. Two respondents pleaded guilty and one was convicted after a jury trial and later disbarred. 

A U. S. Administrative Law Judge will hear HUD’s Charge unless any party elects to have the case heard in federal district court. If an administrative law judge finds, after a hearing, that discrimination has occurred, the judge may impose civil penalties and/or award damages to the homeowners for their losses as a result of the discrimination, injunctive relief, other equitable relief, as well as payment of attorney fees. In addition, the judge may impose civil penalties to vindicate the public interest. If a federal court hears the case, the judge may also award punitive damages to the homeowners. 

Read the June 13, 2023 HUD press