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For
Immediate Release
May 16, 2005 |
Media
Contact:
Kevin Enright
410-576-6357
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COURT OF APPEALS HOLDS PERPETRATORS LIABLE IN REAL
ESTATE FLIPPING CASE
Sellers, Lenders and Appraisers Liable to Pay Restitution and Penalties
Shpritz, American Skycorp, and Others Liable to Pay Restitution
and Penalties
Attorney General J. Joseph Curran, Jr., announced today that
the Court of Appeals has affirmed an October 2002 ruling by the
Attorney
General’s Office’s Consumer Protection Division that
four men and five companies violated Maryland law when they used
unfair and deceptive practices to sell homes to consumers, usually
first-time home buyers with poor credit, a practice known as "flipping."
Lee Shpritz, a property investor, bought and sold properties
though the Baltimore-based companies L&R Properties, Inc., West Star
Properties, Inc., and West Star Company, LLC. The houses sold by
Shpritz were financed by Timonium-based mortgage lender American
Skycorp, Inc., which was owned by Lee P. Woody, III. Appraisers
that were used for these transactions included John M. Morgan,
Jr., Michael Almony, and Almony Appraisal Services, LLC. Most of
the houses sold were in or around the Belair-Edison neighborhood
in Baltimore City. The Court upheld a finding that Lee Shpritz
and his companies, American Skycorp, Inc., Lee P. Woody, III, and
John M. Morgan, Jr. had engaged in a flipping scheme to sell and
finance properties at inflated values. Additionally, the court
upheld a finding that Michael Almony, and Almony Appraisal Services,
LLC misled homebuyers by submitting misleading inflated appraisals.
"
Property flipping hurts homebuyers, and creates significant problems
for the neighborhoods in which the homes are located," said
Curran. "I am pleased that the Court of Appeals has affirmed
the Consumer Protection Division’s decision that these men
and companies violated Maryland law and should be held responsible
for that."
The companies and individuals found to have violated the Consumer
Protection Act are prohibited from engaging in these types of
practices and will have to pay restitution and civil penalties.
On an issue
that the Court of Appeals described as one on which it had not
previously ruled, the Court of Appeals held that the sellers,
the lender and one of the appraisers were properly held jointly
and
severally liable for restitution under the Maryland Consumer
Protection Act. The Court of Appeals did remand the case for
further proceedings
relating to determining the amount of restitution that should
be ordered.
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