A Rancho Cordova mortgage-modification company accused of scamming customers has closed its doors and filed for bankruptcy.
The closure of US Loan Auditors raises questions about the ability of state officials to pursue their lawsuit against the company for $60 million.
US Loan didn’t offer mortgages. Rather, it offered help to homeowners who were having problems with their mortgages.
California officials labeled US Loan a fraud. Attorney General Jerry Brown in October sued US Loan and a sister company, My US Legal Services, saying they’d lured hundreds of borrowers into phony mortgage-modification schemes. Brown also sued the companies’ three co-owners.
Now Brown’s efforts could be stymied by bankruptcy. US Loan filed for liquidation last week under Chapter 7 of the bankruptcy code and announced its shutdown on its website.
My US Legal filed for bankruptcy protection under the Chapter 11 reorganization laws, and was still answering its phones Thursday.
One of the co-owners of the two companies, a former Sacramento County sheriff’s deputy named James Sandison, filed for bankruptcy protection as well. And his fellow co-owners Shane Barker and Jeffrey Pulvino expect to file for bankruptcy protection soon, according to a court filing by the companies.
Bankruptcy filings generally shield debtors from lawsuits.
The day after the companies filed, they submitted papers in Sacramento Superior Court to block the attorney general’s lawsuit.
Brown’s lawyers Tuesday demanded the right to pursue the lawsuit, arguing that their case is a “police and regulatory action” exempt from bankruptcy protection. A ruling is expected next week.
It’s not clear how much money the state could recover if the lawsuit went forward. In bankruptcy papers, the two companies put their combined assets at less than $150,000.
The state’s lawsuit says US Loan charged borrowers up to $6,000 each for fake “forensic loan audits” showing they were victims of shoddy loan practices. Borrowers were then persuaded to pay additional fees to file pointless lawsuits against their lenders. The lawsuit also named as defendants two lawyers who filed the lawsuits, Jonathan G. Stein of Elk Grove and Sharon L. Lapin of Greenbrae.
On its website, US Loan says it was driven out of business by a court order and new legislation.
It didn’t elaborate, but Sacramento Superior Court Judge Shelleyanne Chang issued a temporary restraining order in November freezing the two companies’ assets and cracking down on its advertising.
The state Legislature, meanwhile, recently has passed bills aimed at curtailing mortgage-modification scams.
Officials with US Loan and My US Legal couldn’t be reached for comment.
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