By Bill Heltzel
A Mount Vernon woman claims she and her husband were fooled into
paying $331,500 to a disbarred attorney to ostensibly pay off their home
mortgage.
Tricia P. Williams sued the ex-lawyer, Rafael M. Pantoja on April 16
in U.S. Bankruptcy Court in White Plains to get back the payments.
The adversary bankruptcy proceeding also names Rachel Thull, Levanta
Global Inc., BTW Trust Inc. and others as players in the alleged scheme.
Williams and her husband, Barrington, had fallen behind on their home
loan payments in 2013, according to the complaint, and Wells Fargo Bank
foreclosed on the property.
Tricia Williams filed a Chapter 13 bankruptcy petition last year,
declaring $513,365 in assets and more than $1 million in liabilities.
The house on Tenth Avenue South, Mount Vernon, was valued at $420,000,
but the couple owed the bank $1,030,329.
In 2018, according to the adversary proceeding, a real estate broker
arranged for Barrington Williams to meet Pantoja at the Levanta office
in the Seagram Building in Manhattan. The broker allegedly depicted
Pantoja as a high-powered lawyer who could negotiate a short payoff on
the mortgage.
Pantoja, of the Bronx, was disbarred in 1996 and again in 2008,
according to the complaint, and served two stints in prison totaling
more than 14 years on grand larceny charges.
In the second case, a 2008 ABA Journal article states, Pantoja
assumed his deceased father’s identity, misrepresented himself as a
lawyer and obtained nearly $1.8 million in real estate financing through
fraudulent mortgage transactions.
Barrington Williams met with Pantoja and Thull in June 2018, and was
allegedly told that he and his wife qualified for Levanta’s toxic
mortgage release services and loss mitigation services.
The couple had to deed their house to BTW Trust Inc., in care of
Levanta, and pay $85,000 in fees and $254,000 to pay off Wells Fargo.
The unpaid balance on the loan was then $900,000.
Levanta was supposed to negotiate a short payoff with Wells Fargo.
“We are experts in mastering this process in the face of the most
challenging foreclosure circumstances,” the service agreement states.
But “there is no guarantee of success in satisfying a loan for less than
the amount due.”
From June 2018 to October 2019, the Williamses transferred $331,500
to Levanta, the complaint states, but Levanta did not negotiate a payoff
with Wells Fargo.
Pantoja, Thull and Levanta were “part of a fraudulent scheme” to
obtain the couple’s money, according to the complaint, and to get the
deed to their property “by virtue of fraud.”
Tricia Williams is asking the court to deem the house as property of
her Chapter 13 bankruptcy estate and to nullify the $331,500 in
payments.
Pantoja and Thull did not immediately respond to a telephone message asking for their side of the story.
Tricia Williams is represented by White Plains attorneys Todd S. Cushner and James J. Rufo.
Full Article & Source:
Mount Vernon homeowner accuses ex-con disbarred lawyer of mortgage fraud
No comments:
Post a Comment