Quantcast
Home manage Las Vegas Review-Journal
  Jobs Cars Homes Shopping Travel Weddings Golf Best of Las Vegas Photo   Search:

RECENT EDITIONS
Thu Fri Sat Sun Mon Tue Wed

sponsored by
Business


CORRECTION ON 08/20/08 -- A story that ran in the Review-Journal on May 13 incorrectly identified a defendant in a lawsuit filed by a homeowner suing over his exotic mortgage. The correct defendant is Rob’s Tax Service II.

Lawsuit targets mortgage brokers

Local homeowner alleges income falsified, terms not explained

An attorney representing a homeowner has filed the first local lawsuit in what could be a wave of litigation targeting mortgage companies and other real estate professionals.

Robert Cottle, a partner in the Las Vegas law firm Mainor Eglet Cottle, filed the lawsuit May 1 in Clark County District Court on behalf of homeowner Brad Cohen, who refinanced his southeast Las Vegas home with an adjustable-rate mortgage in 2005 and can no longer afford his monthly housing payment.


Most Popular Stories
  • BEST PLACES TO WORK: The readers have voted: These Southern Nevada companies know how to keep workers happy
  • REAL ESTATE: Homebuilders hunt for land
  • INSIDE GAMING: Sanitizing slots, cards a priority for casinos
  • Home sales, median prices rise in valley
  • TIVOLI VILLAGE: Work intensifies at mixed-use center, with first phase to open in December 2010
  • NEVADA ECONOMY: State showing some life at last
  • MARKETPLACE: Herbst Gaming reduces staff
  • NEVADAN AT WORK: Twenty-year veteran of openings prepares for CityCenter
  • Pinnacle CEO resigns
  • Michigan resident is youngest to win World Series of Poker Main Event




  • In the lawsuit, Cohen accuses eight defendants of fraud, negligence, breach of fiduciary duty, negligent misrepresentation, intentional misrepresentation, and breach of covenant good faith and fair dealing. Named in the lawsuit are Countrywide Financial Corp.; Countrywide Home Loans; HSBC Mortgage Corp.; Direct Equity Mortgage Corp.; Alex Burke, an employee of Direct Equity Mortgage; Countrywide Tax Service; Rob's Tax Service; and National Title Co.

    Just one defendant, HSBC, answered a query about the allegations by press time. An HSBC spokeswoman said simply that the company doesn't comment on legal matters.

    None of the defendants had responded to Cottle by Monday afternoon. They were served on May 6, and they have 20 days from that day to answer Cohen's claims. Cottle said he expects to hear from defendants in the next day or two, and they'll likely ask for more time to address the filing.

    Cohen's lawsuit is part of a nationwide spate of actions against Realtors, mortgage brokers, appraisers, title companies and lenders.

    Attorneys in Arizona, California, Maryland, Ohio and New Mexico have filed lawsuits claiming that professional lapses could cost hundreds of thousands of homeowners their properties.

    Cottle and other attorneys argue that sales agents, lenders and mortgage brokers failed in their fiduciary duty to explain all purchasing and borrowing options and to give home buyers recommendations based on buyers' best interests. Brokers and agents focused instead on commissions, fees and corporate bonuses that came with subprime loans and exotic mortgages such as interest-only payments and option-ARM financing.

    Cohen alleges a mortgage company falsified his income on his loan application, and he said his broker told him he didn't have to read the 200-page packet of information he signed at the loan's closing. Because they'd done business before, he trusted her, he said, and he signed the documents without studying them.

    In September, two years after his refinancing, the disabled dairyman's interest rate jumped. His monthly payment went from $1,700 to $2,400. He owes more than the home is worth, so he can't refinance. He hasn't made a payment since the fall.

    Cottle said he's heard from hundreds of other Las Vegans facing similar circumstances. He plans to file lawsuits on behalf of those who took out subprime loans on primary residences when their credit histories would have qualified them for conventional mortgages. Brokers and lenders pushed subprime loans on consumers because commissions were considerably higher than the fees on traditional mortgages, Cottle said.

    Cottle said he's also weighing multiparty lawsuits against home builders and developers who "knew the market was going down, but who continued to sell their product at an elevated price without telling new homeowners their homes would be worth less than they paid for them in six months."

    "It's similar to insider trading," Cottle said. "It's someone with inside information selling at a high price, knowing what they're selling will go down in value."

    Contact reporter Jennifer Robison at jrobison@reviewjournal.com or 702-380-4512.

    Newsvine Digg Fark Technorati reddit StumbleUpon del.icio.us Slashdot Propeller Mixx Furl Twitter MySpace Facebook Google Bookmarks Yahoo! Bookmarks Windows Live Favorites Ask MyStuff myAOL Favorites

    Leave Your Comment 31 Reader Comments
    Terms & Conditions
    The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.

    Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 48 hours. Please do not submit a comment more than once.
    Current Word Count:

    Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

    Report abuse

    Heinrich wrote on May 14, 2008 02:15 PM: Sounds like a lot of lying sleaze bag RE professional (liars) are on this board. Sure people are adults, and so are Mortgage Brokers.

    People are also lying thieves when money is involved. Notice how F$@&'N full the prisons are!

    But not full enough with fraudulent perps of RE dealz. Why in the name of GOD would a simple mortgage be 200+ pages of BullSh*t? To cow the average Joe into NOT READING IT ALL. Add the pressure filled barking of smarmy HS grads (brokers) just sign or we'll lose our LOW RATE! Hurry (you stupid borrower)! If you stop to think I'll Lose my commission! Or you might discover I WAS LYING ABOUT 'NO PREPAYMENT PENALTY'. Or discover that I tucked a little YSP disclosure doc in there that you never saw!

    Or...or...or.

    People can't even understand the terms of their dredit card bill. THIS MEANS YOU TOO NONE OF YOU UNDERSTAND THE TERMS. Yet you have cards? Yes.

    So don't squawk exclusively about the borrowers. People can be and were PUSHED, with honey coated lies, high pressure tactics, unprovable claims about RE always going up, etc.

    Fair game for a lawsuit....




    Report abuse

    David the Renter wrote on May 14, 2008 11:23 AM: Boo Hoo - Mr "Victim of a bad loan"
    Fortunately you are putting blames on other than yourself in this story.
    Don't forget to add your name as part of the Law Suit, for not reading the loan docs.


    Report abuse

    tim timmons wrote on May 14, 2008 07:08 AM: Just another unresponsibly american homeowner putting the blame on others. When will americans stop blaming others and take accountabiltiy for their own actions. Stop suing folks for your mistakes. clearly it is the responsibility of the loan signer to read the disclosures before signing your name to a document. Another lazy american blaming others. Oh and i forgot builders are now soothsayers and fortune tellers in regards to market conditions....what a joke.....


    Report abuse

    Warm weather Fast times wrote on May 14, 2008 03:08 AM: Just like in Vegas, here in South Florida people want to live the good life to the exclusion of seeing what the long term effects of their actions will bring.Thousands are now singing the blues because paying now for what they spent on themselves two or more years ago is painful if not downright inpossible!
    Real estate and mortgage brokers; well, maybe they did dangle that proverbial carrot to those who would never see that kind of wealth in their lives otherwise,but most took the money and had their good time.
    Look at the demographics; Vegas, LA, SoFla were all on the bubble years before now and everyone knew it. It was only a matter of time before "the chickens came home to roost!"


    Report abuse

    Jerry wrote on May 13, 2008 10:31 PM: "Cohen alleges a mortgage company falsified his income on his loan application" ?!?!

    Cohen knowingly lied on his application. I think the Mortgage company should counter sue Cohen for fraud!

    I am sick and tired of these people not taking responsibilty for there own actions!


    Report abuse

    Money Trees are Burning wrote on May 13, 2008 10:28 PM: Caroline, oh Caroline... Earth calling Caroline. We are dealing with an ADULT borrower. An older ADULT at that. A wise dairyman who did MILK it. He is sophisticated, but decided to have an Equity Party. Where did the money go? I suspect a gambling habit. He now squats and does not have anything to lose. Junk lawsuit. End of story.


    Report abuse

    People are so stupid! wrote on May 13, 2008 10:05 PM: So typical of people in this great nation: when you do something that you should be responsible for that does not go to plan you simply sue. Did you not read the contract on the initial mortgage? Why did you refi? Lower rate or take the equity and spent it on something invaluable?. Go buy something that you can truly afford.


    Report abuse

    Money Trees burning down wrote on May 13, 2008 08:51 PM: Caroline, oh Carooooline. Earth calling Caroline. This involves an ADULT borrower. An older ADULT at that. A wise Dairyman who Milked it. He is a sophisticated man who decided to Party Hard on his equity. Now, he simply is looking to blame others for what I suspect is his Gambling habit. The loan officers were simply his tool/agent to achieve his Fun. Now he squats. Junk lawsuit. End of Story.


    Report abuse

    Zina wrote on May 13, 2008 08:45 PM: Huh!
    Really?
    I guess you CAN sue for being STUPID.

    I hope I am on that Jury!!! Woo-hoo! Let the games begin!!


    Report abuse

    julia wrote on May 13, 2008 08:42 PM: AngryAgent:

    you claim brokers acted like "crack dealers" during the refi boom: i don't know about most people commenting, but just like i say no to drugs, i said no to refinancing over the course of the last ten years.

    i've lived in neighborhoods where crack dealers stand on every corner, but never once had the temptation to partake in their offers. i believe most homeowners act the same. just because an offer is attractive and pushed on you (like your comparison to crack) doesn't mean that you have to accept the offer!


    Read All Comments