Release
Date: August 3, 2009
Contact:
Miles Weiss, Senior Deputy District
Attorney
(805) 662-1735
District
Attorney Gregory D. Totten announced today that the Special
Prosecutions Division has concluded a civil prosecution conducted
against real estate businesses owned and operated by Oscar
Soto Vasquez (DOB: 11/30/71 ), of Fillmore and his wife Delia.
Vasquez, along with his loan company, Quest Home Loans, Inc.
("Quest"), dba Quest Mortgage of Oxnard, and his realty company,
Real Estate Vision, Inc. (" REV "), dba Century 21 New Vision
of Oxnard, and Vasquez's wife, Delia Vasquez (DOB: 05/25/71
) of Fillmore, agreed to pay restitution, civil penalties,
and costs of the suit. The Final Judgment and Permanent Injunction
were signed this afternoon by Judge Frederick Bysshe.
An
investigation of Quest was initiated by the District Attorney's
Office in 2005, after Quest was determined to be the most
prolific advertiser in local Spanish-language media for home
loans and refinancing services. The Office began an investigation
into whether Quest was providing written Spanish translations
of loan documents written in English to its Spanish-speaking
customers as required by law. The investigation discovered
that Quest only provided documents in English. Further investigation
revealed that most of Quest's loan officers were not licensed
by the Department of Real Estate. Many borrowers complained
that they could not read their loan documents and that the
terms of their loans turned out to be different from those
negotiated with Quest's unlicensed loan officers. Quest and
Vasquez admitted they negligently misrepresented and concealed
interest rates, monthly payment amounts, whether loans were
fixed or adjustable, the existence of negative amortization
and prepayment penalties, that the loan was interest only,
and the amount of cash back borrowers were to receive under
the new loans.
The
action also alleged, and Mrs. Vasquez admitted, that she unlawfully
worked for Quest as an unlicensed loan officer even though
she had taken and failed the California real estate licensing
exam multiple times.
Oscar
Vasquez's Century 21 realty franchise, Real Estate Vision,
Inc., dba Century 21 New Vision Real Estate, admitted to making
false advertising statements that it should have known were
false. During the height of the real estate market, REV posted
advertisements on billboards, stake-signs, in newspapers,
and on the internet offering " FREE " real estate licensing
training courses. After consumers attended the courses, Vasquez
and REV sued them for thousands of dollars, turned them over
to collection agencies, and caused their credit to be damaged.
Under
the Final Judgment, the defendants will be bound by a permanent
injunction and are liable for $410,000 in restitution and
civil penalties, of which $270,000 is stayed.
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