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<!--Generated by Squarespace Site Server v5.11.81 (http://www.squarespace.com/) on Thu, 23 Feb 2012 07:59:32 GMT--><rdf:RDF xmlns:rdf="http://www.w3.org/1999/02/22-rdf-syntax-ns#" xmlns:rss="http://purl.org/rss/1.0/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:sy="http://purl.org/rss/1.0/modules/syndication/" xmlns:admin="http://webns.net/mvcb/" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:cc="http://web.resource.org/cc/"><rss:channel rdf:about="http://www.mortgagefraudreporter.com/journal/"><rss:title>Daily Mortgage Fraud News</rss:title><rss:link>http://www.mortgagefraudreporter.com/journal/</rss:link><rss:description>The Mortgage Fraud Blog</rss:description><dc:language>en-US</dc:language><dc:date>2012-02-23T07:59:32Z</dc:date><admin:generatorAgent rdf:resource="http://www.squarespace.com/">Squarespace Site Server v5.11.81 (http://www.squarespace.com/)</admin:generatorAgent><rss:items><rdf:Seq><rdf:li rdf:resource="http://www.mortgagefraudreporter.com/journal/blaine-murphy-indicted-in-cuyahoga-county-accused-of-mortgag.html"/><rdf:li rdf:resource="http://www.mortgagefraudreporter.com/journal/superseding-indictment-issued-in-utah-mortgage-fraud-allegat.html"/><rdf:li rdf:resource="http://www.mortgagefraudreporter.com/journal/third-defendent-sentenced-in-sexton-lofts-mn-condo-fraud-cas.html"/><rdf:li rdf:resource="http://www.mortgagefraudreporter.com/journal/dunkirk-ny-woman-sentenced-in-300000-loan-modification-fee-f.html"/><rdf:li rdf:resource="http://www.mortgagefraudreporter.com/journal/oregon-dcbs-revokes-manaufactured-home-builders-license-beca.html"/><rdf:li rdf:resource="http://www.mortgagefraudreporter.com/journal/former-pastor-sentenced-after-securing-a-loan-against-church.html"/><rdf:li rdf:resource="http://www.mortgagefraudreporter.com/journal/florida-mortgage-broker-sentenced-in-mortgage-fraud-scheme.html"/><rdf:li rdf:resource="http://www.mortgagefraudreporter.com/journal/former-ri-attorney-pleads-guilty-to-mortgage-fraud-scheme.html"/><rdf:li rdf:resource="http://www.mortgagefraudreporter.com/journal/fl-loan-officer-sentenced-in-25-million-reverse-mortgage-fra.html"/><rdf:li rdf:resource="http://www.mortgagefraudreporter.com/journal/pa-woman-sentenced-100-months-in-fraud-charges.html"/><rdf:li rdf:resource="http://www.mortgagefraudreporter.com/journal/kathleen-harps-sentenced-in-foreclosure-rescue-fraud-case.html"/><rdf:li rdf:resource="http://www.mortgagefraudreporter.com/journal/eric-omar-jones-sentenced-to-151-months-in-nc-mortgage-fraud.html"/><rdf:li rdf:resource="http://www.mortgagefraudreporter.com/journal/4-indicted-in-northern-ohio-mortgage-fraud-allegations.html"/><rdf:li rdf:resource="http://www.mortgagefraudreporter.com/journal/two-men-arrested-in-san-bernadino-real-estate-fraud-allegati.html"/><rdf:li rdf:resource="http://www.mortgagefraudreporter.com/journal/chapin-sc-developer-sentenced-in-mortgage-fraud-case.html"/></rdf:Seq></rss:items></rss:channel><rss:item rdf:about="http://www.mortgagefraudreporter.com/journal/blaine-murphy-indicted-in-cuyahoga-county-accused-of-mortgag.html"><rss:title>Blaine Murphy indicted in Cuyahoga County, accused of mortgage fraud</rss:title><rss:link>http://www.mortgagefraudreporter.com/journal/blaine-murphy-indicted-in-cuyahoga-county-accused-of-mortgag.html</rss:link><dc:creator>The Editor - Ian Shuter - DMS</dc:creator><dc:date>2012-02-03T23:27:10Z</dc:date><dc:subject>Cuyahoga MFTF Flipping Florida Indictments Mortgage fraud Ohio blaine murphy</dc:subject><content:encoded><![CDATA[<p>In the following <a title="" href="ss_temp_url">press release</a> Cuyahoga County Prosecutor Bill Mason announced that <strong>Blaine Murphy</strong> (aka Bryce Peters, III and Martin J. Franks) and <strong>Bryce Peters Financial Corporation, Inc</strong>. were indicted on charges of illegally &#8220;flipping&#8221; 235 houses in Cuyahoga County by filing forged deeds to these properties. Murphy, 43, of Naples, Florida, forged the deeds as an individual named Bryce Peters, III. The indictment includes properties located in 14 other Ohio counties.<br /><br /><span class="full-image-float-left ssNonEditable"><span><img style="width: 150px;" src="http://www.mortgagefraudreporter.com/storage/blaine%20murphy.jpeg?__SQUARESPACE_CACHEVERSION=1328312153696" alt="" /></span></span>Murphy (pictured left) was the key participant in this nationwide enterprise that includes real estate in many states with the most activity occurring in Ohio, Michigan, Pennsylvania, Missouri, and Texas.&nbsp;&nbsp;From 2005 to 2010, the purpose of the enterprise was to make a quick profit by selling houses in Cuyahoga County, and the enterprise did so by filing forged deeds and engaging in related conduct. Of the 235 houses sold in Cuyahoga County, 186 properties were in Cleveland, 31 properties in East Cleveland, 5 properties in Warrensville Heights, 4 properties in Euclid, 3 properties in Cleveland Heights, 3 properties in Shaker Heights, 2 properties in Maple Heights, and 1 property in Garfield Heights. 96 properties fell into Tax Foreclosure for a total tax delinquency of $1,032,849.84. <br /><br />Murphy and his company were indicted on charges of engaging in a pattern of corrupt activity (RICO), possessing criminal tools, money laundering, and tampering with records. Murphy is also indicted on charges of acting as an officer of an unlicensed foreign corporation, and operating an unlicensed foreign corporation. The indictment seeks forfeiture of the 79 properties currently owned by Murphy&#8217;scompany.&nbsp; This is the first time a &#8220;houseflipper&#8221; has been charged for using fictitious identifications to forge deeds and other documents.&nbsp;&nbsp;</p>
<p>The enterprise existed in two phases. First, acquisitions were made with little or no regard for the condition of each property. In his quest to make a fast profit, Murphy ignored property code violations and payments of taxes at the expense of these communities in Cuyahoga County. Secondly, Murphy sold these properties in bulk or individually for a quick profit to various buyers, essentially in the same manner as these properties were acquired. <br /><br />The forgeries hid the real identity of Murphy and made it difficult, if not impossible, for communities in Cuyahoga County to make contact with the individual or individuals responsible for the condition and maintenance of the properties. In an attempt to combat repeated housing code violations, Cleveland Municipal Housing Court Judge Raymond Pianka held Murphy and his corporation in contempt of court and levied fines for failure to appear in the amount of $9.5 million dollars. These forgeries aided the defendants in avoiding detection. The Cleveland office ofthe FBI investigated this matter in cooperation with the Cuyahoga County Prosecutor&#8217;sOffice.</p>
<p>Cuyahoga County Prosecutor Bill Mason said, &#8220;Cuyahoga County has brought to justice an individual who is responsible for causing millions of dollars in damages and ruining whole neighborhoods across Ohio and the Midwest. Today is a triumph of justice over greed.&#8221;<br /><br />The investigation of others who aided and abetted Blaine Murphy (aka BrycePeters, III &ndash; aka Martin J. Franks) and Bryce Peters Financial Corporation, Inc. continues.</p>
]]></content:encoded></rss:item><rss:item rdf:about="http://www.mortgagefraudreporter.com/journal/superseding-indictment-issued-in-utah-mortgage-fraud-allegat.html"><rss:title>Superseding indictment issued in Utah mortgage fraud allegations</rss:title><rss:link>http://www.mortgagefraudreporter.com/journal/superseding-indictment-issued-in-utah-mortgage-fraud-allegat.html</rss:link><dc:creator>The Editor - Ian Shuter - DMS</dc:creator><dc:date>2012-02-03T22:03:07Z</dc:date><dc:subject>Appraiser and/or False Appraisal(s) Indictments Utah</dc:subject><content:encoded><![CDATA[<p>In the following <a href="http://www.mortgagefraudreporter.com/storage/New%20charges%20added%20in%20alleged%20mortgage%20fraud%20case.pdf">press release</a> Carlie Christensen Acting United States Attorney for the District of Utah announced that a federal grand jury returned a 19-count <a title="" href="ss_temp_url">superseding indictment</a> Wednesday evening charging <strong>Portia R. Louder,</strong> age 40, and <strong>Chad Louder</strong>, age 42, both of Highland, with violations of federal law in connection with what the indictment alleges was a scheme to profit from loans fraudulently obtained from mortgage lenders. The superseding indictment also adds Portia Louder&rsquo;s brother, <strong>Dustin Wilcox</strong>, age 35, of Highland, as a defendant in the case.<br /><br />In the initial indictment returned in October 2011, Portia Louder was charged with three counts of false statements to financial institutions; three counts of wire fraud; and one count of money laundering. Chad Louder was charged with two counts of false statements to financial institutions. The initial indictment focused on three homes in Alpine, Draper, and Highland.<br /><br />The new indictment, which adds four additional properties to the alleged scheme, charges Portia Louder with five counts of false statements to financial institutions; eight counts of wire fraud; three counts of money laundering; and one count of conspiracy. Chad Louder is now charged with four counts of false statements to financial institutions; four counts of wire fraud; three counts of money laundering; and one count of conspiracy. Wilcox faces one count of false statements to financial institutions; two counts of wire fraud; two counts of money laundering; and one count of conspiracy.<br /><br />According to the indictment, the defendants targeted expensive homes for purchase. They looked for homes being sold by owners and often those that had not been listed on the Multiple Listing Service. This way, the indictment alleges, the defendants could, through the substitution of nominees and straw parties, raise the purchase price of a home without the lender&rsquo;s learning of the sales price set by the owner. The indictment focuses on the purchase of seven homes in Alpine, Draper, and Highland.<br /><br />According to the indictment, after finding a home to purchase or have purchased, the defendants offered to purchase the home at or near the seller&rsquo;s asking price. The defendants, the indictment alleges, typically told or had someone tell the seller that there was a new buyer for the property who would purchase the home for substantially more than the original sales price, but that the original seller would get only the price agreed upon between the seller and a defendant or a nominee. Portia Louder typically used a straw party or nominee to form a joint venture with the original seller of a property. The joint venture, acting at the direction of Portia Louder, would become entitled to a payment from the loans eventually obtained at an artificially inflated price.<br /><br />Portia Louder, according to the indictment, commissioned appraisals on properties even though she often was not listed as the purchaser or the seller. The indictment alleges she paid as much as $5,000 for an appraisal even though an appraisal on an average home would often cost $500 or less and an appraisal on a high end home often cost about $1,500. During 2006 through 2007, the indictment alleges she paid about $380,000 to appraisers.<br /><br />By concealing the initial sales price, the defendants were able to artificially increase the prices of the homes disclosed to lenders. For example according to the indictment:</p>
<ul>
<li>The sellers of a property on [997] West Pfeifferhorn Drive in Alpine received $1,340,000 in June 2006 and the transaction closed for $2,205,000.</li>
<li>The sellers of a property on [6021] Dry Creek Circle in Highland received $1,500,000 in September 2006 and the transaction closed for $2,500,000.</li>
<li>The sellers of a property on [1747] Sage Hollow Drive in Draper agreed to sell for$1,095,000 on or about September 2006, and the transaction closed for $2,700,000 in April 2007.</li>
<li>The sellers of a home on [354] Deerfield Drive in Alpine agreed to sell forapproximately $839,000 in January 2007 and the transaction closed in March 2007 for$950,000.</li>
<li>The sellers of a home on [891] Healy Homestead Circle in Alpine agreed to sell for$900,000 in May 2007 and the transaction closed for $2,300,000 in July 2007.</li>
<li>The sellers of a home on [381] East Wayne Court in Alpine agreed to sell for approximately $725,000 in late 2007 and the transaction closed for $1,585,000 in December 2007.</li>
<li>The sellers of a home on [1814] Somerset Ridge Drive in Draper received $1,115,000 in December 2007 and the transaction closed for $2,400,000.</li>
</ul>
<p>The indictment alleges Portia Louder recruited straw purchasers, including the defendant Chad Louder, as well as others, to submit applications to obtain mortgages on the properties listed in the indictment. These mortgage loan applications were false and fraudulent because, at times, the buyer was a straw buyer not purchasing the property for himself or herself but at the direction of Portia Louder so she could inflate loan proceeds from mortgage lenders; the straw buyer had not made a down payment or invested his or her own funds, transferring all of the financial risk in the purchase and loan transaction to the mortgage lender; the straw buyer was to be paid a kickback from the loan proceeds as an inducement to apply for the loan; the straw buyer had no intention of living in the house or making loan payments; the straw buyer had a materially smaller income than represented on the application; and the loan closing documentation created the false appearance that the straw buyer had made a down payment to purchase the property &ndash; among other things.<br /><br />The indictment includes a notice of intent to seek criminal forfeiture in the amount of $3,900,000 million in currency received and diverted by Portia R. Louder in connection with the conduct alleged in the indictment. Prosecutors are seeking $2,450,000 million in currency received and diverted by Chad Louder and approximately $2,160,000 from Dustin Wilcox.<br /><br />The potential maximum penalty for false statements to a financial institution is up to 30 years with a potential fine of up to $1 million. Wire fraud carries a potential penalty of up to 20 years in prison and money laundering is up to 10 years in prison. Conspiracy carries a potential penalty of up to 10 years in prison. These counts have potential fines of up to $250,000.<br /><br />Indictments are not findings of guilt. Defendants charged in indictments are presumed innocent unless or until proven guilty in court.<br /><br />The case is being investigated by special agents of the FBI and IRS Criminal Investigation and prosecuted by Assistant United States Attorneys in Salt Lake City.</p>
]]></content:encoded></rss:item><rss:item rdf:about="http://www.mortgagefraudreporter.com/journal/third-defendent-sentenced-in-sexton-lofts-mn-condo-fraud-cas.html"><rss:title>Third defendent sentenced in Sexton Lofts (MN) condo fraud case.</rss:title><rss:link>http://www.mortgagefraudreporter.com/journal/third-defendent-sentenced-in-sexton-lofts-mn-condo-fraud-cas.html</rss:link><dc:creator>The Editor - Ian Shuter - DMS</dc:creator><dc:date>2012-02-03T00:07:39Z</dc:date><dc:subject>Convictions Minnesota Mortgage fraud sexton lofts</dc:subject><content:encoded><![CDATA[<p>In the following <a href="http://www.mortgagefraudreporter.com/storage/013112 Greenfield etc sentenced.pdf">press release</a> B. Todd Jones, United State Attorney for the District of Minnesota announced that in federal court, a 66-year-old Bloomington man was sentenced in connection with his participation in a $2.5-million mortgage fraud scheme that involved the sale of condominiums in the Sexton Lofts building in downtown Minneapolis. <br /><br />United States District Court Judge Patrick J. Schiltz sentenced Gerald James Greenfield to 50 months in prison on one count of conspiracy to commit money laundering and fined Greenfield $10,000. In addition, Judge Schiltz ordered Greenfield to forfeit to the United States assets valued at hundreds of thousands of dollars which were involved in the money laundering conspiracy. Greenfield was indicted, along with Nicholas Ryan Delon Smith, on February 10, 2010, and pleaded guilty on May 3, 2010.<br /><br />On January 25, 2011, Smith, age 32, of Prior Lake, was sentenced to 40 months on one count of conspiracy to commit mortgage fraud through the use of wires and one count of money laundering. He also pleaded guilty on May 3, 2010.<br /><br />In his plea agreement, Greenfield admitted that beginning in September of 2006, he conspired with an individual by the name of Brett A. Thielen, and others, to launder proceeds of the mortgage fraud scheme Thielen was executing at Sexton Lofts. Pursuant to the scheme, Thielen sold condos during a market downturn by recruiting financially unqualified buyers and fraudulently inducing mortgage lenders to lend those buyers money. To further the scheme, the condo prices were artificially inflated, creating substantial profits that Thielen needed to hide. Greenfield admitted helping hide those profits, even while knowing they were derived from unlawful activity.<br /><br />Specifically, Greenfield wired the illegal profits to an unindicted Australian attorney through whom he had previously laundered money. Then, at Thielen&rsquo;s direction, Greenfield instructed that attorney to wire portions of those profits to other places to make it appear as if they came from legitimate sources. For example, Greenfield directed the Australian attorney to wire a substantial amount of the illegal funds to a brokerage firm for the purpose of purchasing stock in a company called Digital Town, Inc.<br /><br />During the investigation into Greenfield&rsquo;s possible wrongdoing, an undercover law enforcement officer met with him at Manny&rsquo;s restaurant in Minneapolis on June 30, 2009. In his plea agreement, Greenfield admitted that while at the restaurant, he also agreed to assist the officer in laundering $50,000 in supposed drug trafficking profits by converting the funds to Digital Town stock.<br /><br />As for Smith, he admitted participating in the mortgage fraud scheme from August of 2006 through April of 2007. During that time, he was the sole owner of Heloc, Inc., a mortgage brokerage company in Minneapolis. In that capacity, he falsified income and employment information about his straw buyers in an effort to convince lenders they were credit-worthy loan applicants. Smith also knew the prices of the condos were greatly inflated, and that those prices were supported by fraudulent appraisals.<br /><br />For his participation in the scheme, Smith received kickbacks from loan proceeds following the sale of condo units. On December 5, 2006, Smith wire transferred $25,500 in illegal proceeds from his company&rsquo;s bank account to a third party during a transaction to purchase an automobile.<br /><br />On December 21, 2010, Thielen, age 43, of Savage, was sentenced to 27 months on one count of conspiracy to commit mortgage fraud through the use of wires and one count of money laundering.<br /><br />This case is the result of an investigation by the Internal Revenue Service-Criminal Investigation Division. It is being prosecuted by Assistant U.S. Attorney David J. MacLaughlin.</p>
]]></content:encoded></rss:item><rss:item rdf:about="http://www.mortgagefraudreporter.com/journal/dunkirk-ny-woman-sentenced-in-300000-loan-modification-fee-f.html"><rss:title>Dunkirk, NY woman sentenced in $300,000 loan modification fee fraud</rss:title><rss:link>http://www.mortgagefraudreporter.com/journal/dunkirk-ny-woman-sentenced-in-300000-loan-modification-fee-f.html</rss:link><dc:creator>The Editor - Ian Shuter - DMS</dc:creator><dc:date>2012-02-02T23:53:10Z</dc:date><dc:subject>Convictions Loan Modification scams New York loan modification fraud lori macakanja</dc:subject><content:encoded><![CDATA[<p>In the following <a href="http://www.mortgagefraudreporter.com/storage/FBI Defendant Sentenced for Stealing from 136 Housing Clients.pdf">press release</a> by the FBI Field Office in Buffalo, NY U.S. Attorney William J. Hochul, Jr. announced today that <strong>Lori J.  Macakanja</strong>, 35, of Dunkirk, New York, who was convicted of mail fraud and  theft of government money, was sentenced to 72 months in prison and  three years&rsquo; supervised release by U.S. District Court Judge Richard J.  Arcara. Judge Arcara also ordered the defendant to pay $298,639.00 in  restitution to the victims.</p>
<p><span class="full-image-float-left ssNonEditable"><span><img style="width: 150px;" src="http://www.mortgagefraudreporter.com/storage/LoriMacakanja1.jpg?__SQUARESPACE_CACHEVERSION=1328226949298" alt="" /></span><span class="thumbnail-caption" style="width: 150px;">Courtesy of Buffalo News.com</span></span>Assistant U.S. Attorney Trini E. Ross, who handled the case, stated  that Macakanja, in her capacity as a housing counselor employed by  HomeFront, Inc., inappropriately requested money from clients. The  defendant told HomeFront clients that the money would be used toward  loan modifications to prevent foreclosure on their homes. However, after  receiving the funds, Macakanja used the money for her own personal use,  including gambling, and failed to obtain the loan modifications for the  victims. A total of 136 HomeFront clients were defrauded with losses  totaling approximately $300,000. In addition, Macakanja also obtained  federal grant monies from the Buffalo Urban Renewal Agency (BURA) for  HomeFront clients. On two occasions, she diverted $2,000 worth of BURA  money to pay her own personal mortgage.</p>
<p>&ldquo;Many Americans are struggling to hold on to the American dream,  ownership of a home,&rdquo; said U.S. Attorney Hochul. &ldquo;The victims turned to  the defendant for help in keeping their home. Instead, the defendant  abused their trust and stole their money. Unfortunately, because of the  defendant&rsquo;s actions, some of the victims lost their homes. Our office,  along with our federal law enforcement partners, will work vigorously to  protect federal funding targeted to help those who are struggling. We  will also continue to prosecute those, like this defendant, who attempt  to take advantage of those who are most vulnerable.&rdquo;</p>
<p>&ldquo;Lori Macakanja abused her position and violated the trust of  distressed homeowners in the interest of personal gain,&rdquo; said Cortez  Richardson, Special Agent in Charge, U.S. Department of Housing and  Urban Development, Office of Inspector General New York Region. &ldquo;Her  actions further jeopardized the assets of the Federal Housing  Administration and unnecessarily complicated the lives and financial  security of individuals already feeling the adverse impact of a volatile  housing crisis. Today&rsquo;s judicial action signals HUD&rsquo;s Office of  Inspector General&rsquo;s firm commitment to working with our law enforcement  partners to investigate and prosecute any individuals seeking to profit  illegally from the nation&rsquo;s mortgage crisis.&rdquo;</p>
<p>&ldquo;Macakanja preyed on the most vulnerable homeowners,&rdquo; said Christy  Romero, Deputy Special Inspector General for SIGTARP. &ldquo;While an employee  of a federally approved housing counselor, she illegally solicited and  received payments from 136 homeowners facing foreclosure with the  promise that the funds would be used to secure mortgage modifications.  Little did the homeowners know, the payments were being used by  Macakanja to support her gambling habit and to pay her own mortgage.  SIGTARP will aggressively investigate and pursue those who exploit the  federal government&rsquo;s aid to homeowners under TARP and, with the help of  its partners in law enforcement, ensure that they are brought to  justice.&rdquo;</p>
<p>SIGTARP investigates fraud, waste, and abuse related to HAMP and all  other TARP-funded programs. HAMP encourages loan servicers and investors  to modify mortgages to reduce the monthly payments of homeowners who  are risk of default. There is no fee to homeowners to apply for a  modification under HAMP.</p>
<p>The plea is the result of an investigation by the Mortgage Fraud Task  Force of WNY, which includes agents and personnel from the U.S. Postal  Inspection Service under the direction of Inspector in Charge Robert  Bethel; the Housing and Urban Development Office of Inspector General,  under the direction of Cortez Richardson, Special Agent in Charge, New  York Region; SIGTARP, under the direction of Special Agent in Charge  John Feiter; the United States Secret Service under the direction of  Special Agent in Charge Tracy Gast; the Federal Bureau of Investigation  under the direction of Special Agent in Charge Christopher M. Piehota;  and the Internal Revenue Service under the direction of Special Agent in  Charge Charles R. Pine. The Mortgage Fraud Task Force of WNY is led by  the U.S. Attorney&rsquo;s Office and also includes Veterans Affairs Office of  Inspector General and the U.S. Bankruptcy Trustee.</p>
]]></content:encoded></rss:item><rss:item rdf:about="http://www.mortgagefraudreporter.com/journal/oregon-dcbs-revokes-manaufactured-home-builders-license-beca.html"><rss:title>Oregon DCBS revokes manaufactured home builders license because of fraud</rss:title><rss:link>http://www.mortgagefraudreporter.com/journal/oregon-dcbs-revokes-manaufactured-home-builders-license-beca.html</rss:link><dc:creator>The Editor - Ian Shuter - DMS</dc:creator><dc:date>2012-02-02T22:58:52Z</dc:date><dc:subject>Action by Mortgage Regulators Manufactured Housing Oregon fuqua homes</dc:subject><content:encoded><![CDATA[<p>In the following <a href="http://www.mortgagefraudreporter.com/storage/nr_fuqua_12_15_11.pdf">press release</a> the Oregon Department of Consumer and Business Services announced that it had revoked the license of Fuqua Homes of Bend to sell manufactured homes, and fined the company $155,000 for failing to deliver on purchased homes or refund deposits to customers. The department, through its Building Codes Division, also decertified the company from producing homes.<br /><br /><span class="full-image-inline ssNonEditable"></span><span class="full-image-float-left ssNonEditable"><span><img style="width: 150px;" src="http://www.mortgagefraudreporter.com/storage/fuqua.jpg?__SQUARESPACE_CACHEVERSION=1328225122017" alt="" /></span></span>Following an investigation prompted by consumer complaints, the department&rsquo;s Division of Finance and Corporate Securities (DFCS) found the company had closed its manufacturing facilities in February 2011 but was still accepting customers&rsquo; deposits for home purchases. The company collected $500,000 through 26 deposits for the purchase of structures that were never built. Fuqua Homes accepted the deposits between October 2008 and August 2011.<br /><br />&ldquo;When violations of state law are discovered, it&rsquo;s important for the department to take steps to ensure the fraud won&rsquo;t continue,&rdquo; said Patrick Allen, acting director of the Department of Consumer and Business Services.<br /><br />The $155,000 penalty was for 26 violations ($5,000 each) for accepting the deposits and failing to either deliver on the homes or refund the money, and five violations of fraud at $5,000 each.<br /><br />In one case, Fuqua Homes told a customer it would give him a discount if he paid for the home in full before production; the customer lost nearly $137,000 for a structure that was never built.<br /><br />&ldquo;This is a reminder that consumers should investigate a company before making a major financial purchase,&rdquo; said David Tatman, administrator of DFCS. &ldquo;While most businesses are honest and reputable, it&rsquo;s still important to check with state regulators or the Federal Trade Commission about complaints.&rdquo;<br /><br />Fuqua Homes was operating a factory in Bend and a Eugene Super Sales Center in Coburg. Fuqua&rsquo;s president and owner, Phillip R. Daniels, has been barred for five years from obtaining a license as a manufactured structure dealer or from working in an administrative or managerial capacity for any time of manufactured structures dealer.<br /><br />Tatman urges consumers to verify the license of a dealer and investigate companies they are working with. Those who sell manufactured homes must be licensed in Oregon. Call the Division of Finance and Corporate Securities at 1-866-814-9710 (toll-free) or visit www.dfcs.oregon.gov.</p>
]]></content:encoded></rss:item><rss:item rdf:about="http://www.mortgagefraudreporter.com/journal/former-pastor-sentenced-after-securing-a-loan-against-church.html"><rss:title>Former Pastor sentenced after securing a loan against church land</rss:title><rss:link>http://www.mortgagefraudreporter.com/journal/former-pastor-sentenced-after-securing-a-loan-against-church.html</rss:link><dc:creator>The Editor - Ian Shuter - DMS</dc:creator><dc:date>2012-02-02T21:58:35Z</dc:date><dc:subject>Arkansas Church related frauds Convictions scott keith voss</dc:subject><content:encoded><![CDATA[<p>In the following <a href="http://www.mortgagefraudreporter.com/storage/FBI Jonesboro Man Sentenced on Bank Fraud and Failure to Pay Payroll Tax Charges.pdf">press release</a> Christopher R. Thyer, United States Attorney for the Eastern District  of Arkansas announced today that <strong>Scott Keith Voss</strong>, 43, of Jonesboro,  Arkansas, was sentenced by U.S. District Judge Brian S. Miller to serve  33 months in prison, followed by five years of supervised release. Judge  Miller also ordered Voss to pay restitution of $450,000 to the First  Bank of Owasso and $148,564.94 to the Internal Revenue Service (IRS).</p>
<p>Voss, who served as pastor and president of First Pentecostal Church  of Jonesboro, pled guilty to one count of bank fraud and one count of  willful failure to pay over tax on November 9, 2011. Voss admitted  during the plea hearing that from September 2007 until June 26, 2010, he  devised a scheme to defraud the First Bank of Owasso. As part of the  scheme, Voss applied for a loan from the First Bank of Owasso, pledging  as collateral the Jonesboro Worship Center real estate. Voss then failed  to obtain appropriate board of directors&rsquo; authorization to so encumber  the church real estate. Voss used the funds to retire previous  unauthorized loans for his own personal use, and to obtain additional  funds for expenditures not approved by the board of directors of the  Jonesboro Worship Center.</p>
<p>Additionally, Voss admitted that from 2006 through 2010, First  Pentecostal Church of Jonesboro withheld tax payments from its  employees&rsquo; paychecks. However, through this same period, the church  failed to make any payments to IRS of these withholdings. Voss was the  person responsible for the collection and pay over of the church&rsquo;s  payroll taxes. This investigation was conducted by the FBI and IRS  Criminal Investigation.</p>
]]></content:encoded></rss:item><rss:item rdf:about="http://www.mortgagefraudreporter.com/journal/florida-mortgage-broker-sentenced-in-mortgage-fraud-scheme.html"><rss:title>Florida mortgage broker sentenced in mortgage fraud scheme</rss:title><rss:link>http://www.mortgagefraudreporter.com/journal/florida-mortgage-broker-sentenced-in-mortgage-fraud-scheme.html</rss:link><dc:creator>The Editor - Ian Shuter - DMS</dc:creator><dc:date>2012-02-01T23:52:10Z</dc:date><dc:subject>Broker Convictions Florida Foreclosure avoidance scams Mortgage fraud marlon baugh</dc:subject><content:encoded><![CDATA[<div id="parent-fieldname-text" class="plain">
<p>In the following <a href="http://www.mortgagefraudreporter.com/storage/FBI Mortgage Broker Sentenced in Fraud Scheme.pdf">press release</a> from the FBI Field Office in Miami Wifredo A. Ferrer, United States Attorney for the  Southern District of Florida; John V. Gillies, Special Agent in Charge,  Federal Bureau of Investigation (FBI), Miami Field Office; and Tom  Grady, Commissioner, State of Florida&rsquo;s Office of Financial Regulation,  announced the sentencing of defendant <strong>Marlon Baugh</strong>, 32, of Pembroke  Pines, Florida. On Friday, January 27, 2012, U.S. District Judge James  Cohn sentenced Baugh to one year and one day in prison for mail fraud in  connection with his participation in a mortgage fraud scheme. The  defendant previously had pled guilty to one count of mail fraud, in  violation of Title 18, United States Code, Section 1341.</p>
<p>According to information presented in court, defendant Baugh was a  mortgage broker licensed by the State of Florida&rsquo;s Office of Financial  Regulation. Baugh was a partner at <strong>National Foreclosure Center,</strong> which  was in the business of completing loan modifications for homes that were  in foreclosure or about to go into foreclosure. Baugh and others  engaged in a scheme to enrich themselves by fraudulently causing real  estate to be bought and sold through straw buyers. Baugh and others  falsified the Uniform Residential Loan Applications that were submitted  on behalf of the straw buyers in order to fraudulently qualify the straw  buyers for mortgages. Baugh also submitted false employment  verification letters to support the false information on the loan  application.</p>
<p>Mr. Ferrer commended the investigative efforts of the FBI and  Florida&rsquo;s Office of Financial Regulation. This case is being prosecuted  by Assistant U.S. Attorney Laurence Bardfeld.</p>
</div>
]]></content:encoded></rss:item><rss:item rdf:about="http://www.mortgagefraudreporter.com/journal/former-ri-attorney-pleads-guilty-to-mortgage-fraud-scheme.html"><rss:title>Former RI attorney pleads guilty to mortgage fraud scheme</rss:title><rss:link>http://www.mortgagefraudreporter.com/journal/former-ri-attorney-pleads-guilty-to-mortgage-fraud-scheme.html</rss:link><dc:creator>The Editor - Ian Shuter - DMS</dc:creator><dc:date>2012-02-01T23:00:23Z</dc:date><dc:subject>Closing Agent/Attorney Guilty Plea HUD Mortgage fraud Rhode Island james d. levitt</dc:subject><content:encoded><![CDATA[<p>In the following FBI <a href="http://www.mortgagefraudreporter.com/storage/FBI Former Rhode Island Attorney Pleads Guilty to Bank Fraud Tax Evasion Charges.pdf">press release</a> it was announced that former R.I. attorney <strong>James D. Levitt</strong>, 66, pled guilty in federal  court in Providence today to three counts of bank fraud and two counts  of filing false tax returns for his role in a million-dollar mortgage  fraud scheme. Levitt faces up to 96 years in federal prison and a fine  of up to $3.3 million dollars when he is sentenced by U.S. District  Court Judge John J. McConnell, Jr., on April 19, 2012.</p>
<p>Levitt&rsquo;s guilty plea was announced by U.S. Attorney Peter F. Neronha;  Cortez Richardson, Special Agent in Charge of the HUD Office of  Inspector General; Richard DesLauriers, Special Agent in Charge of the  FBI&rsquo;s Boston Field Office; and William P. Offord, Special Agent in  Charge of the Boston office of the Internal Revenue Service, Criminal  Investigation.</p>
<p>At today&rsquo;s change of plea hearing, Levitt admitted to the court that  between July 2006 and November 2007 he applied for and received, based  on fraudulent information, three mortgages totaling more than $1.1  million for two properties in Providence and one in East Providence. He  used two of the mortgages to buy the Providence properties from an  acquaintance that was experiencing financial problems and was facing  foreclosure on the properties. Levitt admitted that he offered to assist  his acquaintance by purporting to obtain a buyer for the properties who  was qualified to obtain financing to purchase the properties.</p>
<p>In order to finance the purchases, Levitt admitted that he induced a  business associate to apply for the mortgages by representing to him  that they would be partners, would refurbish the properties as  condominiums and sell them at a profit. Levitt admitted that the  mortgage applications and settlement statements contained false  information; including failing to identify the true purchaser of the  property and falsely stating that the buyer was putting a down payment  in excess of $100,000 for each property.</p>
<p>Levitt admitted to the court that he conducted the closings on the  properties despite his financial interest and despite the fact that he  was a disbarred attorney. After the closings, Levitt obtained and  deposited the majority of the proceeds of the sale of the properties,  approximately $270,000, into bank accounts which he controlled. He  provided $25,000 of the proceeds to the seller of the properties shortly  after the closing, and he later made periodic payments. However, Levitt  admitted that he used the majority of the proceeds for his business and  for personal expenses. The two properties eventually went into  foreclosure.</p>
<p>Levitt admitted to the court that he used the third mortgage to buy a  property from another company he controlled. He applied for the  mortgage in his own name. The application also contained false  statements and omissions, including an affirmation by Levitt that there  were no outstanding judgments against him when, as he admitted to the  court, he knew that there was an outstanding judgment against him of  approximately $432,728 by the State of Rhode Island, which represented  restitution owed to the State on a prior criminal conviction.</p>
<p>Levitt also admitted to the court that he failed to disclose to the  Internal Revenue Service in tax filings in October 2007 and October 2008  derived income from the ventures as well as from other sources.</p>
<p>The case is being prosecuted by Assistant U.S. Attorney Luis M. Matos.</p>
<p>The matter was investigated by the U.S. Department of Housing and  Urban Development Office of Inspector General, Federal Bureau of  Investigation, and Internal Revenue Service-Criminal Investigation.</p>
]]></content:encoded></rss:item><rss:item rdf:about="http://www.mortgagefraudreporter.com/journal/fl-loan-officer-sentenced-in-25-million-reverse-mortgage-fra.html"><rss:title>FL loan officer sentenced in $2.5 million Reverse Mortgage fraud scheme</rss:title><rss:link>http://www.mortgagefraudreporter.com/journal/fl-loan-officer-sentenced-in-25-million-reverse-mortgage-fra.html</rss:link><dc:creator>The Editor - Ian Shuter - DMS</dc:creator><dc:date>2012-01-26T23:38:30Z</dc:date><dc:subject>Convictions Florida Loan Modification scams Reverse Mortgages reverse mortgage fraud</dc:subject><content:encoded><![CDATA[<p class="pr">In the following <a href="http://www.mortgagefraudreporter.com/storage/gendason_pr.pdf">press release</a> the United States Attorneys Office in Miami, FL announced that a loan officer was sentenced Friday by  U.S. District Court Judge William P. Dimitrouleas in Ft. Lauderdale,  Fla., for his participation in a nationwide $2.5 million reverse  mortgage fraud scheme.</p>
<p class="pr"><strong>Louis Gendason</strong>, 42,  of Delray Beach, Fla., was sentenced to 70 months in prison, five years  of supervised release and ordered to pay over $2 million in restitution.  Gendason was the mastermind of this complicated reverse mortgage fraud  scheme, which was designed to lure  financially distressed elderly  homeowners into applying for reverse mortgage loans, to create  fictitious equity in their homes with fraudulent appraisals, and  ultimately to steal that false equity from the seniors and their  lenders. Gendason cultivated relationships with each of his  co-conspirators and they executed their respective roles in the scheme  at his behest.</p>
<p class="pr"><strong>Kimberly Mackey</strong>, 47, of Pittsburgh, and <strong>Marcos  Echevarria</strong>, 29, of Palm Beach, Fla., received prison sentences of 60 and  24 months, respectively, on Nov. 3, 2011. A third co-defendant, <strong>John  Incandela</strong>, 25, of Palm Beach, was sentenced to 41 months in prison on  Dec. 16, 2011. Gendason was the final defendant in the scheme to be  sentenced.</p>
<p class="pr">&ldquo;This reverse mortgage loan  modification scheme robbed elderly homeowners of more than just their  homes,&rdquo; said Wifredo A. Ferrer, U.S. Attorney for the Southern District  of Florida. &ldquo;It also robbed them of the American dream of home  ownership, their peace of mind, and in some cases, their life&rsquo;s savings.  Through these prosecutions, these fraudsters have been brought to  justice.&#8221;</p>
<p class="pr">&ldquo;The stiff sentence the court imposed  on the leader of this reverse mortgage fraud scheme sounds a cautionary  note to those who prey upon elderly, distressed homeowners,&rdquo; said Tony  West, Assistant Attorney General for the Civil Division of the  Department of Justice.  &ldquo;We will not waver in our commitment to  investigate, prosecute, and hold accountable those who try to victimize  our nation&rsquo;s most vulnerable consumers.&rdquo;</p>
<p class="pr">A reverse mortgage, also known as a  Home Equity Conversion Mortgage, allows borrowers who are at least 62  years of age to convert the equity in their homes into a monthly stream  of income or a line of credit. Unlike the traditional mortgage loan  scenario, in which borrowers make monthly payments to a mortgage lender  in satisfaction of their outstanding loan, in a reverse mortgage loan  scenario, the mortgage lender purchases borrowers&rsquo; equity and makes  installment payments to the borrower.</p>
<p class="pr">According to the information and  statements made during the August 2011 hearing in the case, from May  2009 through November 2010, the defendants engaged in a reverse mortgage  scheme that defrauded unwitting borrowers, Genworth Financial Home  Equity Access Inc., and the Federal Housing Administration (FHA). As the  scheme&rsquo;s ring-leader, Gendason, along with loan officers Incandela and  Echevarria, solicited seniors to refinance their existing mortgages with  a reverse mortgage loan financed by Genworth. To qualify the borrowers  for these loans, Gendason altered real estate appraisals to fraudulently  inflate the value of the borrowers&rsquo; properties. In fact, however, none  of the borrowers had sufficient equity in their properties to qualify  for a reverse mortgage. The defendants then submitted the fraudulently  inflated appraisals to Genworth. Based on the false documentation,  Genworth approved and the FHA insured more than $2.5 million in reverse  mortgage loans.</p>
<p class="pr">As part of the scheme, Mackey, a  licensed title agent, fraudulently closed the Genworth loans and did not  pay off the borrowers&rsquo; existing mortgage loans. Mackey attempted to  conceal the fraudulent loan closings by preparing false settlement  documents that showed that the existing mortgages had, in fact, been  paid off. The defendants divided up the loan proceeds and each used the  money for his or her personal benefit, including for such things as gym  memberships, vacations, and casino gambling.</p>
<p class="pr">The defendants further engaged in a  loan modification scheme to conceal the existence of the Genworth  reverse mortgage transactions from the original mortgage lenders, whose  loans remained unpaid. To this end, Gendason, Incandela and Mackey  conspired to create fictitious offers to buy some of the borrowers&rsquo;  properties in the form of &ldquo;short sales.&rdquo; A short sale is a sale of real  estate in which the sale proceeds are less than the balance owed on the  loan to the mortgage lender, but avoids foreclosure and related costs.  In other instances, to hide the existence of the Genworth reverse  mortgage loan from the original lenders, the defendants made monthly  mortgage payments to the borrowers&rsquo; original lenders. Many of the  elderly homeowners that trusted the defendants anguished for years over  whether they might lose their homes after learning that the defendants  had stolen their reverse mortgage loan proceeds.</p>
<p class="pr">The case was investigated by agents  from the U.S. Department of Housing and Urban Development Office of  Inspector General, the Internal Revenue Service&rsquo;s-Criminal  Investigation, the U.S. Postal Inspection Service, the FBI and Florida&rsquo;s  Office of Financial Regulation, with assistance from the U.S. Secret  Service and Genworth Financial Home Equity Access. The case was  prosecuted by Kevin J. Larsen, a Trial Attorney in the Justice  Department&rsquo;s Consumer Protection Branch, and Assistant U.S. Attorneys  Jeffrey H. Kay and Thomas Lanigan of the Southern District of Florida.</p>
]]></content:encoded></rss:item><rss:item rdf:about="http://www.mortgagefraudreporter.com/journal/pa-woman-sentenced-100-months-in-fraud-charges.html"><rss:title>PA woman sentenced 100 months in fraud charges</rss:title><rss:link>http://www.mortgagefraudreporter.com/journal/pa-woman-sentenced-100-months-in-fraud-charges.html</rss:link><dc:creator>The Editor - Ian Shuter - DMS</dc:creator><dc:date>2012-01-26T23:26:14Z</dc:date><dc:subject>Convictions Forgery Pennsylvania bonnie sweeten</dc:subject><content:encoded><![CDATA[<p>In the following <a href="http://www.mortgagefraudreporter.com/storage/FBI Bonnie Sweeten Sentenced for Fraud Schemes.pdf">press release</a> from the FBI Field Office in Philadelphia it was announced that <strong>Bonnie Sweeten</strong>, 40, of Pennsylvania, was sentenced today to 100  months in prison for fraud schemes in which she stole in excess of  $600,000 from her employer and family members. Sweeten pleaded guilty  June 21, 2011 to wire fraud and aggravated identity theft. In addition  to the prison term, U.S. District Court Judge William H. Yohn, Jr.,  ordered Sweeten to pay restitution in the amount of $1,091,831 and a  special assessment of $200. Sweeten remains in federal custody.</p>
<p>Sweeten stole funds from family members, from the law office where  she had been employed, and from the law firm&rsquo;s clients. She used the  identity of another person and posed as another person while using false  identification and <em><strong>forging signatures on various documents including a  property settlement</strong></em>.</p>
<p>Additionally, Sweeten stole the identity of a  friend and fellow employee and used the identity to facilitate her  flight from the jurisdiction. She also forged a signature of a judge on a  court order for the purpose of fraudulently withdrawing client funds  from a bank. As part of her scheme to defraud, Sweeten concocted an  elaborate hoax that she and her daughter had been kidnapped in order to  deceive family members and law enforcement as to her whereabouts.</p>
<p>The case was jointly investigated by the Federal Bureau of  Investigation and the Bucks County District Attorney&rsquo;s Detectives. It  was prosecuted by Assistant United States Attorney Denise S. Wolf.</p>
]]></content:encoded></rss:item><rss:item rdf:about="http://www.mortgagefraudreporter.com/journal/kathleen-harps-sentenced-in-foreclosure-rescue-fraud-case.html"><rss:title>Kathleen Harps sentenced in foreclosure rescue fraud case</rss:title><rss:link>http://www.mortgagefraudreporter.com/journal/kathleen-harps-sentenced-in-foreclosure-rescue-fraud-case.html</rss:link><dc:creator>The Editor - Ian Shuter - DMS</dc:creator><dc:date>2012-01-26T23:09:21Z</dc:date><dc:subject>Convictions Foreclosure avoidance scams Virginia foreclosure rescue fraud kathleen harps</dc:subject><content:encoded><![CDATA[<p>In the following <a href="http://www.mortgagefraudreporter.com/storage/FBI Business Owner Sentenced to Prison for Foreclosure Rescue Scheme.pdf">press release</a> by the FBI Field Office in Norfolk, VA it was annouced that <strong>Kathleen Harps</strong>, 51, of Chesapeake, VA, was sentenced today in Norfolk  federal court to 54 months in prison for operating a foreclosure rescue  mortgage fraud scheme.</p>
<p>Neil H. MacBride, United States Attorney for the Eastern District of  Virginia, made the announcement after Chief United States District Judge  Rebecca Beach Smith imposed the sentence. Harps previously pled guilty  on August 23, 2011.</p>
<p>According to court documents, during 2006 Harps owned and operated  the now defunct Hampton Roads businesses, <strong>New Beginnings Group, LLC</strong>, and  <strong>IMAK Group, LLC</strong>, which specialized in &ldquo;foreclosure rescue.&rdquo; Through  these businesses, Harps and others solicited homeowners in financial  distress and facing foreclosure, to agree to sell their homes to Harps  or straw buyers working with her. Harps promised the homeowners that,  during a one year period after the sale, they could remain in their  homes without having to pay the mortgage, while simultaneously putting  their financial affairs back in order, so that they could buy back their  homes at the end of the year. This, however, failed to occur. Instead,  court records show that Harps and her straw buyers made assorted false  statements to fraudulently obtain mortgage loans, upon which they later  defaulted. As a result, foreclosures soon followed and the homeowners  lost both their homes and substantial sums of homeowner equity, which  was siphoned out of the closing transactions and paid to Harps&rsquo;  businesses.</p>
<p>This case was investigated by the Federal Bureau of Investigation.  Assistant United States Attorney Robert J. Krask is prosecuting the case  on behalf of the United States.</p>
<p>A copy of this press release may be found on the website of the  United States Attorney&rsquo;s Office for the Eastern District of Virginia at  http://www.justice.gov/usao/vae. Related court documents and information  may be found on the website of the District Court for the Eastern  District of Virginia at http://www.vaed.uscourts.gov or on  http://pacer.uspci.uscourts.gov.</p>
]]></content:encoded></rss:item><rss:item rdf:about="http://www.mortgagefraudreporter.com/journal/eric-omar-jones-sentenced-to-151-months-in-nc-mortgage-fraud.html"><rss:title>Eric Omar Jones sentenced to 151 months in NC mortgage fraud case</rss:title><rss:link>http://www.mortgagefraudreporter.com/journal/eric-omar-jones-sentenced-to-151-months-in-nc-mortgage-fraud.html</rss:link><dc:creator>The Editor - Ian Shuter - DMS</dc:creator><dc:date>2012-01-25T15:53:12Z</dc:date><dc:subject>Convictions Flipping Mortgage fraud North Carolina Straw Borrowers eric omar jones</dc:subject><content:encoded><![CDATA[<p>In the following FBI <a href="http://www.mortgagefraudreporter.com/storage/eric_jones_pr.pdf">press release</a> Thomas G. Walker, United States Attorney for the Eastern District of North Carolina announced that in federal  court today, Chief United States District Judge James C. Dever III,  sentenced <strong>ERIC OMAR JONES</strong>, 41, of Clinton, North Carolina, to 151  months&rsquo; imprisonment followed by five years&rsquo; supervised release.  Additionally, the court imposed restitution of $142,145.85.</p>
<p>A federal grand jury returned a superseding <a href="http://www.mortgagefraudreporter.com/storage/eric_jones_indict.pdf">Criminal Indictment</a> on  February 2, 2011. On April 21, 2011, a jury convicted JONES of all  counts of the indictment, which included one count of conspiring to  commit bank fraud and to make false statement to influence a bank on a  loan, 15 counts of bank fraud, and two counts of making false statements  to influence bank loans.</p>
<p>In determining JONES&rsquo; sentencing guidelines range, the court found  that he had received more than $1 million in gross receipts from  financial institutions as a result of the offense. It found that the  defendant was the leader of a criminal activity that involved five or  more participants or was otherwise extensive. It found that the  defendant abused a position of private trust through his interactions  with unsophisticated investors. It also found that he obstructed justice  through perjurious testimony at his trial.</p>
<p>At trial the government&rsquo;s evidence showed that between 2002 and 2004,  JONES participated in a scheme to defraud Omni National Bank and other  banks. JONES used the credit of straw purchasers to obtain loans from  Omni National bank in the name of those individuals. He then used that  loan money to purchase properties through his company, <strong>University of  Hard Knocks Investments, Inc</strong>., and then immediately resell them to the  straw purchasers, whom he referred to as investors. Six straw purchasers  testified at trial. <strong>David Pikul</strong>, the closing attorney who handled these  transactions, also testified at trial. On April 11, 2011, Pikul pled  guilty to conspiring with JONES to commit bank fraud and to make false  statements to an FDIC insured bank. JONES enticed the straw purchasers  to participate by promising them that he would make mortgage payments on  the properties, take care of repairs, and sell the properties at a  profit. These promises were untrue and fraudulent.</p>
<p>Further evidence showed that to obtain loans from Omni and other  banks, JONES made numerous false statements on the HUD settlement forms  that were submitted to the banks. These forms hid the fact that the  bank&rsquo;s money was being used by JONES&rsquo; company to purchase the property.  They also often falsely stated that a down payment was being made, when,  in fact, there was none. Sometimes the HUD forms falsely stated the  seller of the property. As part of this scheme, on at least four  occasions, JONES sold the same property to the same straw purchaser a  second time for a higher price. In addition, JONES was living in one of  the properties he had sold to one of the straw purchasers. He was doing  this without her knowledge and without paying any rent or mortgage. This  straw purchaser ultimately had to evict him.</p>
<p>JONES, testifying at trial, admitted he had 10 years of experience in  the mortgage and real estate industry at the time of the crime. He also  admitted receiving and signing many of the false HUDs&ndash;knowing they were  false. He claimed that the closing attorney, David Pikul, had come up  with this idea and had told him that it was a correct way of doing  things. He admitted receiving a lot of money through University of Hard  Knocks Investments and using that money, considered by him to be his  business &ldquo;profits,&rdquo; to take several gambling trips to Las Vegas,  Atlantic City, South Carolina, and New Orleans.</p>
<p>The Federal Bureau of Investigation and the North Carolina State  Bureau of Investigation participated in this investigation. David A.  Bragdon and William M. Gilmore represented the United States.</p>
]]></content:encoded></rss:item><rss:item rdf:about="http://www.mortgagefraudreporter.com/journal/4-indicted-in-northern-ohio-mortgage-fraud-allegations.html"><rss:title>4 indicted in Northern Ohio mortgage fraud allegations</rss:title><rss:link>http://www.mortgagefraudreporter.com/journal/4-indicted-in-northern-ohio-mortgage-fraud-allegations.html</rss:link><dc:creator>The Editor - Ian Shuter - DMS</dc:creator><dc:date>2012-01-25T14:46:23Z</dc:date><dc:subject>David R. Sharrock Indictments Mortgage fraud Ohio Rhonda J. McElroy Richard W. Balliett Ronald L. Kightlinger</dc:subject><content:encoded><![CDATA[<p>In the following <a href="http://www.mortgagefraudreporter.com/storage/kightlinger_et_al_pr.pdf">press release</a> Steven M. Dettelbach, United States  Attorney for the Northern District of Ohio announced that an <a href="http://www.mortgagefraudreporter.com/storage/kightlinger_et_al_indict.pdf">indictment</a> has been filed against <strong>David R. Sharrock, Richard W.  Balliett, Rhonda J. McElroy</strong>, and <strong>Ronald L. Kightlinger</strong> charging them  with multiple counts of bank and wire fraud in connection with a  mortgage fraud scheme which caused approximately $1.3 million in losses  to Geauga Savings Bank, J.P. Morgan Chase Bank, Washington Mutual Bank,  and Suntrust Mortgage, Inc.</p>
<p>Sharrock is also charged with making false statements to the FBI relative to the scheme.</p>
<p>David R. Sharrock, age 69,  currently resides in Mansfield, Ohio.  Richard W. Balliet, age 44,  currently resides in Bucyrus, Ohio.  Rhonda J. McElroy, age 49,  currently resides in Bellville, Ohio. Ronald L Kightlinger, age 51,  currently resides in Crestline, Ohio.</p>
<p>The indictment alleges that  Sharrock, Balliett, and McElroy (&ldquo;the sellers&rdquo;) sold homes in the cities  of Mansfied, Marion, Galion, Plymouth, Shelby, and Bucyrus, Ohio.  The  sellers made fraudulent misrepresentations to the mortgage lenders by   providing undisclosed down payment assistance to the buyers and by  submitting fictitious purchase agreements and verifications of deposits.   As a result, the sellers signed false settlement statements at  closing. [Editor note - more details have been taken from the indictment and listed below this press release].</p>
<p>The indictment also alleges  that Ronald L. Kightlinger acted as a straw buyer in purchasing a  commercial building from David R. Sharrock in Mansfield, Ohio. Sharrock  subsequently lied to FBI agents relative to whether he provided down  payment assistance in the scheme.</p>
<p>If convicted, the defendants&rsquo;  sentences will be determined by the Court after review of factors unique  to this case, including the defendants&rsquo; prior criminal records, if any,  the defendants&rsquo; roles in the offense and the characteristics of the  violation.  In all cases the sentence will not exceed the statutory  maximum and in most cases it will be less than the maximum.</p>
<p>This case is being prosecuted  by Assistant United States Attorney Vasile C. Katsaros, following an  investigation by the Federal Bureau of Investigation.</p>
<p>An indictment is only a charge  and is not evidence of guilt.  The defendants are entitled to a fair  trial in which it will be the government&rsquo;s burden to prove guilt beyond a  reasonable doubt.</p>
<p>Editor Note - According to the Indictment:</p>
<ul>
<li>David Sharrock is the owner of D.R.L Properties Trust LLC, Herman Trust Properties and D &amp; D Rentals which between them managed hundreds of investment properties in Northern Ohio.</li>
<li>Richard Balliett oversaw the day to day operations of Homes Central, Inc which also owned and managed investment properties</li>
<li>Rhonda McElroy is the daughter of Sharrock and worked at D &amp; D Rentals. She allegedly sold multiple properties to the borrower G.S.</li>
<li>Kightlinger purchased Sharrock&#8217;s property at 34-38 West 4th St, Mansfield, OH.</li>
</ul>
<p>The following properties are mentioned in the indictment</p>
<ol>
<li>71 Greenwood Ave, Mansfield, OH</li>
<li>76 Greenwood Ave, Mansfield</li>
<li>21 Greenwood Ave, Mansfield</li>
<li>44 Raleigh Ave, Mansfield</li>
<li>565 Arnold Ave, Mansfield</li>
<li>385 Home Ave, Mansfield</li>
<li>284 Remy Ave, Mansfield</li>
<li>144 Columbia, Mansfield</li>
<li>398 Home Ave, Mansfield</li>
<li>542 Gruber, Mansfield</li>
<li>28 Blanche St, Mansfield</li>
<li>338 High St, Mansfield</li>
<li>53 State st, Mansfield</li>
<li>219 LaSalle St, Mansfield</li>
<li>190 Hillside Circle, Mansfield</li>
<li>174 Arthur Ave, Mansfield</li>
<li>216 Blymyer Ave, Mansfield</li>
<li>252 John Ave, Mansfield</li>
<li>34-38 W 4th St, Mansfield</li>
<li>208 Blaine Ave, Marion, OH</li>
<li>335 Edgewood Dr, Marion</li>
<li>576 Herman St, Marion</li>
<li>364 Chester St, Marion</li>
<li>185 Latourette, Marion</li>
<li>738 Gill Ave, Marion</li>
<li>306 Patten St, Marion</li>
<li>190 Glad St, Marion</li>
<li>287 Cass Ave, Marion</li>
<li>168 Nye St, Marion</li>
<li>207 Carhart St, Marion</li>
<li>458 Scranton Ave, Marion</li>
<li>431 Vine St, Marion</li>
<li>236 N Grand Ave, Marion</li>
<li>32 Trux St, Plymouth, OH</li>
<li>130 South Riblet St, Galion, OH</li>
<li>15 Summit St, Shelby, OH</li>
<li>703 S Poplar St, Bucyrus, OH</li>
</ol>
]]></content:encoded></rss:item><rss:item rdf:about="http://www.mortgagefraudreporter.com/journal/two-men-arrested-in-san-bernadino-real-estate-fraud-allegati.html"><rss:title>Two men arrested in San Bernadino real estate fraud allegations</rss:title><rss:link>http://www.mortgagefraudreporter.com/journal/two-men-arrested-in-san-bernadino-real-estate-fraud-allegati.html</rss:link><dc:creator>The Editor - Ian Shuter - DMS</dc:creator><dc:date>2011-12-27T18:00:56Z</dc:date><dc:subject>Arrests California Elder Explotation Forged Deed Transfers (Out from Under) Mortgage fraud out from under fraud</dc:subject><content:encoded><![CDATA[<p>In the following <a href="http://www.mortgagefraudreporter.com/storage/12-2020REAL20ESTATE20FRAUD20-20PRESTON.pdf">press release</a> the San Bernadino County (CA) District Attorney announced that two men accused of using fraudulent means to obtain the certificate of title to a deceased woman&rsquo;s home have been arraigned in San Bernardino Superior Court.<br /><br /><strong>Troy Lamar Preston</strong>, 41, of San Bernardino, and <strong>Mario Emile McKinley</strong>, 31, of Riverside, have been charged with two counts of forgery, two counts of offering a false or forged instrument, theft from elder or dependent adult, first degree burglary, and identity theft.<br /><br />On November 14, 2008, Velma Jean Lee&#8217;s residence in San Bernardino was paid off. Three days later, Lee died. Preston and McKinley conspired to take over title for the purpose of selling it to an investor to benefit from the proceeds.<br /><br />On December 22, 2008, Lee&#8217;s name was forged on a Grant Deed fraudulently transferring her property over to Seaboard Inc. The public notary was positively identified as McKinley. In the meantime, Preston signed an Affidavit-Death of Joint Tenant in an effort to avoid probate. McKinley was the notary for this document as well.<br /><br />Upon interviewing the Chief Executive Officer (CEO) of Seaboard Inc., investigators learned that the CEO knew Preston, but was unaware that his corporate identity had been stolen to transfer Lee&rsquo;s property over to his corporation. Preston was positively identified in two separate interviews by the decedent&#8217;s son and the Seaboard Inc. CEO<br /><br />Senior Investigator Maurice Landrum from the San Bernardino County District Attorney&rsquo;s Office, Real Estate Fraud Division, obtained a search warrant for McKinley&#8217;s Riverside residence. During the course of the search, Landrum located and seized McKinley&#8217;s notary journal, which placed him inside the decedent&#8217;s home. Based on McKinley&#8217;s statements and the notary journal, criminal charges were filed against McKinley and Preston (who, at the time, was on formal probation and had not reported in since April of 2011).<br /><br />On Monday, December 12, 2011, Investigators arrested McKinley at his residence in Riverside. On Wednesday, December 14, 2011, Investigators located Preston and arrested him in the City of San Bernardino.<br /><br />Both McKinley and Preston were booked into the West Valley Detention Center, and bail was set at $345,000. A Preliminary Hearing is scheduled for December 23, 2011 in Department 22.</p>
]]></content:encoded></rss:item><rss:item rdf:about="http://www.mortgagefraudreporter.com/journal/chapin-sc-developer-sentenced-in-mortgage-fraud-case.html"><rss:title>Chapin, SC developer sentenced in mortgage fraud case</rss:title><rss:link>http://www.mortgagefraudreporter.com/journal/chapin-sc-developer-sentenced-in-mortgage-fraud-case.html</rss:link><dc:creator>The Editor - Ian Shuter - DMS</dc:creator><dc:date>2011-12-16T21:42:54Z</dc:date><dc:subject>Convictions Developer / Builder Bail Out Kenneth Paul Holmes Mortgage fraud South Carolina</dc:subject><content:encoded><![CDATA[<p>In the following <a href="http://www.mortgagefraudreporter.com/storage/FBI Chapin Man Sentenced on Bank Fraud Charges Deriving from Sale of Myrtle Beach Property.pdf">press release</a> Bill Nettles, United States Attorney for the District of South Carolina announced that <strong>Kenneth Paul  Holmes</strong>, age 48, of Chapin, South Carolina, was sentenced in federal  court in Florence, South Carolina, for conspiracy to commit bank fraud, a  violation of 18 U.S.C. &sect; 1349. United States District Judge Terry L.  Wooten of Florence sentenced Holmes to five months&rsquo; imprisonment and  ordered him to pay $2,488,398.00 in restitution.</p>
<p>Evidence presented at the guilty plea hearing established that Holmes  was an investment developer in the Myrtle Beach area and was involved  in building seven properties. When Holmes was unable to sell his  properties in Horry County between October, 2007 and November 1, 2008,  he, along with a group of mortgage brokers and investors, obtained straw  purchasers to purchase the property at inflated prices obtaining loans  in excess of $5,200,000 thus allowing Holmes to sell his property and  creating an excess of $1,680,000 which they divided. Judge Wooten  granted the government&rsquo;s motion for a reduction of Holmes&rsquo; sentence  based upon the substantial assistance Holmes had provided to the  government in investigating and prosecuting other individuals.</p>
<p>The case was investigated by agents of the Federal Bureau of  Investigation. Assistant United States Attorney William E. Day, II of  the Florence office handled the case.</p>
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