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Nixa Family Sues Over Mortgage Fraud
By
KSPR News
By
Joanna Small
Story Created:
Dec 1, 2008 at 7:38 PM CDT
Story Updated:
Dec 1, 2008 at 7:38 PM CDT
A Nixa family's house was foreclosed on nearly two months ago, but not only did they stay, they’re suing the company they say got them in the predicament.
We first told you about The Real Estate Company and Greenleaf last month- they're sister companies that sell and finance homes on contract for deed.
Sounds simple, but a Nixa family says they were caught in a tangled web of fraud.
"There’s clear mortgage fraud going on."
Clear enough for a court case.
Marcie and Tim Thompson aren't lawyers, they’re homeowners.
“Even now it makes me nervous to go in before a judge but I also know we're right,” says Marcie, who has spent the past six months compiling a case against what she says are the 26 companies and 11 individuals connected to Greenleaf, the private lender they say knowingly defrauded them.
“Mail fraud, wire fraud, securities fraud, misrepresentation, conspiracy,” Tim explains as he shows us the lawsuit.
The Thompsons bought their home from The Real Estate Company and financed with its other half, Greenleaf.
Turns out neither party owned it- an investor did.
Problem was, the company never told the Thompsons.
“When you start doing research and realize you don't own your home, some stranger owns the home you think you own, it puts up a red flag and you know you've got to do something,” Tim tells KSPR.
The Thompsons met with dozens of neighbors who paid their mortgage to Greenleaf, but Greenleaf never paid the third party.
You remember the Campbells, right?
We introduced you to them last month, just a few weeks before they were evicted from their north Springfield home.
But the Thompsons didn't vacate.
“We brought in a chain of title from the recorder of deeds office to show they're not even on the title at all."
They discovered the discrepancy early and stopped making payments.
Greenleaf tried to evict them, but the Thompsons proved in court that the company wasn't the owner.
Now that they've secured the house- at least for the time being- the Thompsons head to court again, for damages and the others like them who aren't fighting back.
“A lot of people are just folding on this and because of that action it makes it easier for companies to behave like this."
The Thompsons are not the only ones suing; one of their neighbors filed today in federal court as well.
Both are doing it without attorneys.
We attempted to contact Greenleaf for their take on the lawsuit, but our calls were not returned.
Last month they told us they did not have the money to pay their investors, but they were not doing anything fraudulent.
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