A disc jockey for a Salt Lake country-western radio station recently received a request that he hopes he doesn't have to fill - to leave his Orem home by April 12.
Kent Carlin, 694 W. 920 North, Orem, appears to be just one Utah County resident burned by alleged questionable financing practices involving a now-bankrupt mortgage company that is being investigated by the FBI.Carlin's dilemma stems from a 1987 refinancing of his home that apparently has left two companies with claims on the house and Carlin caught in the middle.
The disc jockey moved to Orem in November 1986, assuming a mortgage held by Lomas USA, a Dallas-based corporation. Carlin was told the loan was federally subsidized and that his payment would be about $300 per month. Instead, Carlin found himself paying more than $600 per month because the federal subsidy had been canceled. His attempts to have the subsidy reinstated were frustrated by inaction on Lomas' part, prompting the refinancing decision, Carlin said.
That was the plan, but the plan didn't work.
Carlin said that after some early difficulties with the title company, the refinancing was completed in July 1987 with Federal Mortgage Corp., Orem, acting as a broker on behalf of Courtesy Mortgage, another Orem-based firm.
Carlin said he thought nothing of the arrangement initially but was surprised when he received a payment book from Goldome, a Buffalo, N.Y., savings institution in August. He was told Courtesy had sold the mortgage, so he began making the payments to Goldome as directed.
Things appeared fine initially, but then he was contacted by the home's original owners, who said they were receiving notices from Lomas saying payments were not being made on the assumed loan. Carlin told the former owners of the refinancing and again, everyone thought things were under control.
But Lomas continued to dun the former owners, who in turn continued to call Carlin. Carlin checked with Federal Mortgage, Courtesy Mortgage and Empire Land Title Co. and was assured everything was OK and not to worry.
He should have started worrying.
Soon after came word of foreclosure proceedings from Lomas. Carlin said both he and the former owners tried to contact Lomas concerning the problem but were given the "runaround," never talking to the same person twice and being constantly referred to someone else.
"Finally I got the name of a trustee in Salt Lake," Carlin said. The trustee turned out to be an attorney who handles Lomas' foreclosures in Utah. Attorney David Boyce told Carlin that Lomas never received the payoff that should have followed the refinancing.
Carlin contacted the Utah County attorney. He was told numerous complaints were beginning to surface concerning Courtesy Mortgage.
Dick Casto, an investigator with the Utah County attorney, confirmed that Courtesy was under investigation but declined to elaborate, saying the matter has been referred to the FBI.
FBI officials would not comment except to say they are investigating the case and have subpoenaed documents. They said it will likely be some time before that information is received and do not expect it in time to help Carlin. They would not say how many cases are under investigation or who specifically is being investigated.
Empire's Tom Sisk also confirmed the problem, saying his firm is also involved with a similar problem on another refinancing involving Courtesy.
Carlin hired an attorney but discovered that Courtesy was no longer in business. A yearlong search has disclosed only that Goldome paid Courtesy $48,000 for the refinanced mortgage, but there is no evidence Courtesy made payment to Lomas to settle the original debt. Sisk said his company has yet to issue a title insurance policy on the transaction because Courtesy's check to Lomas did not clear and Courtesy has been unable to obtain a lien release from Lomas.
Hence the problem.
Carlin said he stands to lose nearly $25,000 from the deal in addition to becoming homeless and suffering a ruined credit rating. His attorney is seeking a court order to put things on hold, but it looks like that will not come in time to keep Carlin and his family from being evicted.
Carlin said he would like to stay in the house but with his wife expecting a child in mid-May, that may not be possible.
"If we can't put things on hold the house would probably be up for a HUD salein May about the time the baby is due," Carlin said.