Foreclosure Fraud is to claim, demand, charge, collect or receive any compensation until after the foreclosure consultant has fully performed each and every service; or any fee, interest or any other compensation; or take any wage assignment, any lien of any type of real or personal property other security; or receive any consideration from any third party in connection with survives renders; or acquire any interest in a residence in foreclosure.
What does the prosecutor have to prove?
Defendant is a foreclosure consultant and did one or more of the following:
(a) Claim, demand, charge, collect, or receive any compensation until after the foreclosure consultant has fully performed each and every service the foreclosure consultant contracted to perform or represented that he or she would perform.
(b) Claim, demand, charge, collect, or receive any fee, interest, or any other compensation for any reason which exceeds 10 percent per annum of the amount of any loan which the foreclosure consultant may make to the owner.
(c) Take any wage assignment, any lien of any type on real or personal property, or other security to secure the payment of compensation. That security shall be void and unenforceable.
(d) Receive any consideration from any third party in connection with services rendered to an owner unless that consideration is fully disclosed to the owner.
(e) Acquire any interest in a residence in foreclosure from an owner with whom the foreclosure consultant has contracted.
(f) Take any power of attorney from an owner for any purpose.
(g) Induce or attempt to induce any owner to enter into a contract which does not comply in all respects with Sections 2945.2 and 2945.3.
(h) Enter into an agreement at any time to assist the owner in arranging, or arrange for the owner, the release of surplus funds after the trustee's sale is conducted, whether the agreement involves direct payment, assignment, deed, power of attorney, assignment of claim from an owner to the foreclosure consultant or any person designated by the foreclosure consultant, or any other compensation.
With probation 0-364 days
Misdemeanor: 0-364 days
Patrick got my entire case dismissed! I was almost sure we would lose but I am glad that I listened when he told me that the case was winnable. He always called me back the same day, answered my emails in a quick and timely fashion, and kept me in the loop with everything pertaining to my case. He also was helpful in the fact that he gave me pointers on how to handle MY particular case: what to do, what to say, and how to act. Thanks Patrick!!
My husband was referred to Patrick. We are SO thankful we found him! My husband had a case against him where he potentially could have paid big fines or penalties, but Patrick basically got the entire cased dismissed. Everyone else involved in the case had to plead guilty! He worked aggressively, always communicated with us about what was going on and what was going to happen, is very pleasant to deal with and made my husband feel valued despite the situation. If you are looking for a good Lawyer, Patrick is awesome!
A few months ago I was asked by a friend for the name of a lawyer who handles DUI’s in San Diego. As a fellow attorney in San Diego I have many lawyer names in my rolodex who handle such cases, but I thought Patrick would be the best “fit” for my friend. Patrick met with my referral on multiple occasions, always answered his e-mails and calls on a prompt basis, and ultimately achieved an amazing result on a ca se which was definitely an uphill challenge. Great job Patrick!
by Alex Dychter, Employment Law Attorney
Patrick Griffin is an outstanding criminal defense lawyer, who knows both the legal intricacies and interpersonal dynamics of criminal matters essential to mounting a successful defense. Mr. Griffin is a consummate professional, who acts with civility and integrity while achieving the best outcome for his clients. I recommend Patrick’s services unequivocally.
by Kevin Murphy, Administrative Law Attorney
Patrick was great! I hired Mr. Griffin after a friend referred me to him. I met with a few older attorneys who all treated me like another file before I decided to hire Patrick. He was great from the start… he knows his stuff and is a great communicator, both with me and when he is in court. His energy is obvious from the first few minutes of meeting with him. I was kept informed every step of the way and when it was all said and done I couldn’t have been happier with the result. I have already referred two other people to the Griffin Law Office and they both have thanked me.
Request A Free Consultation
If you would like to speak with someone directly
Call Us Toll Free