Skip to main content

North Carolina AG Cooper Busts Virginia Man in Foreclosure Auction Scam

Dec 28, 2010

Bruce Olvin McBarnette of Sterling, Va. and his company, Summit Connection LLC, have been barred from rigging bids on public auctions and must pay civil penalties and consumer refunds for trying to fix foreclosure sales of properties in Durham and Mecklenburg, N.C. counties, announced North Carolina Attorney General Roy Cooper. “Trying to fix public auctions isn’t the fair, legal way to do business,” Cooper said. “Bid rigging squelches honest competition and keeps buyers and sellers from getting a truly fair price.” The Attorney General alleges that McBarnette and Summit Connection LLC entered into agreements to rig bids on four foreclosed properties being auctioned in Durham County in 2009 and 2010: ►McBarnette told a local pastor that he would continue bidding against her for property her church wanted to purchase unless she paid him $1,200. ►A man trying to purchase a home for his mother paid McBarnette $800 after McBarnette told him he would lose the auction unless he paid the money. ►A pastor who wanted to help revitalize his church’s neighborhood paid McBarnette a total of $2,900 so that his company wouldn’t keep bidding on two properties. In seven other property auctions, Cooper contends that McBarnette attempted to get competing bidders to pay him not to bid against them but the bidders turned him down. Four of those auctions involved Durham County properties, and three involved Mecklenburg County properties. Wake County Superior Court Judge Donald Stephens approved Attorney General Cooper’s request for a consent judgment against McBarnette and Summit Connection. Under the judgment, McBarnette and Summit Connection must pay $47,400. Of that total, McBarnette and Summit Connection have paid $4,900 in restitution, the amount of money they made for agreeing not to bid on certain properties. The money will go to sellers of the properties who would have made more money at auction had McBarnette not rigged the bids. Restitution will be paid through the Durham County Clerk of Superior Court, which alerted the Attorney General’s Consumer Protection Division to some of McBarnette’s activities. In addition, McBarnette and his company are barred permanently from entering into any agreement not to bid on public sales of property in North Carolina. They are also prohibited from asking anyone not to bid and from offering or accepting anything of value in exchange for not bidding. For more information, visit www.ncdoj.com.  
About the author
Published
Dec 28, 2010
In Wake Of NAR Settlement, Dual Licensing Carries RESPA, Steering Risks

With the NAR settlement pending approval, lenders hot to hire buyers' agents ought to closely consider all the risks.

A California CRA Law Undercuts Itself

Who pays when compliance costs increase? Borrowers.

CFPB Weighs Title Insurance Changes

The agency considers a proposal that would prevent home lenders from passing on title insurance costs to home buyers.

Fannie Mae Weeds Out "Prohibited or Subjective" Appraisal Language

The overall occurrence rate for these violations has gone down, Fannie Mae reports.

Arizona Bans NTRAPS, Following Other States

ALTA on a war path to ban the "predatory practice of filing unfair real estate fee agreements in property records."

Kentucky Legislature Passes Bill Banning NTRAPS

The new law prohibits the recording of NTRAPS in property records, creates penalties if NTRAPS are recorded, and provides for the removal of NTRAPS currently in place.