imageRachel Dollar is an attorney and Certified Mortgage Banker who handles fraud recovery litigation for lenders and secondary market investors nationwide. She is a nationally recognized speaker on the topic of mortgage fraud. Ms. Dollar is licensed to practice law in California and maintains offices in Santa Rosa, California. Email Ms. Dollar

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- Mortgage Fraud Scheme Leads to 83 Count Indictment
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Mortgage Fraud Scheme Leads to 83 Count Indictment

Benjamin Tubbs, 49, Pickerington, Ohio, Kevin Murphy, 50, Blacklick, Ohio, and Karl Mullins, 33, formerly of Columbus, Ohio, and now residing in Florida, are alleged to have acted as the mortgage brokers and orchestrators of a scheme to buy and sell houses at highly-inflated prices and to falsify loan documents in order to skim ten of thousands if not hundreds of thousands of dollars from each sale.

Tubbs, Murphy and Mullins operated under the business names of Premier Mortgage Funding, North American Real Estate Services, One Residential and other names in a scheme that allegedly netted the group millions of dollars in fraudulent loan proceeds. Tubbs, Murphy and Mullins face charges including engaging in a pattern of corrupt activity, theft, receiving stolen property, and money laundering.

Cynthia Underdew, 53, Columbus, Ohio, also alleged to be among the primary orchestrators of the scheme, acted as a loan officer and mortgage loan coordinator for many of the loans involved, though investigators indicate she was not licensed to perform such work. Charges against Underdew include engaging in a pattern of corrupt activity, theft, identity fraud, falsification, and receiving stolen property. Underdew and Tubbs also are alleged to have fraudulently purchased properties using the personal identifying information of other individuals without their authority or permission.

Karen Axline, 48, Granville, Ohio, was indicted on charges of engaging in a pattern of corrupt activity and receiving stolen property. Axline operated the now-defunct Granville Title Agency in Granville and is alleged to have colluded with Tubbs, Murphy, Mullins and Underdew in structuring many of the transactions to deceive lenders.

Kevin Gray, 48, Reynoldsburg, Ohio, is alleged to have been a co-conspirator who purchased and sold a number of properties and is alleged to have laundered thousands of dollars in illicit proceeds. Charges against him include engaging in a pattern of corrupt activity, theft, money laundering, and receiving stolen property.

Real estate agents Nina Masseria and Tim Arrington of Carriage Trade Realty are alleged to have been involved in four of the sales and each was indicted on a charge of engaging in a pattern of corruptactivity. Appraisers Joseph Colegrove and Scott Walisa and Assistant Appraiser Terri White face charges including engaging in a pattern of corrupt activity, theft, and falsification.

Earron West, 38, Columbus, Ohio, allegedly acted as a loan officer in three of the transactions in question and was indicted on charges including engaging in a pattern of corrupt activity, theft, falsification, money laundering, and receiving stolen property. Nina Dearing, 29, Columbus, is accused of purchasing and selling some of the properties involved and faces charges including engaging in a pattern of corrupt activity, theft, receiving stolen property, and money laundering.

Investigators report that more than 30 loan transactions are at issue in this case and some properties were recycled through multiple fraudulent loan transactions. It is alleged that loan applications and documents were falsified on behalf of borrowers, and that orchestrators made down payments allowing borrowers to secure loans in which tens of thousands of dollars were laundered through fictitious home contractor companies.

Further, most of these loans ended in foreclosure, exacting a detrimental toll on the neighborhoods within which the properties are located. Many of the houses are located in urban areas of Columbus that have experienced a stream of foreclosures in recent years.

Some of the Ohio properties involved in the transactions include:

988 S. Champion, Columbus;
57 S. Champion, Columbus;
1001-1003 Linwood, Columbus;
1638 Granville, Columbus;
471 S. Champion, Columbus;
70 Wilson, Columbus;
1590 Cordell, Columbus;
1611 Sullivant, Columbus;
49 N. Ohio, Columbus;
932 Bryden, Columbus;
1227 Bryden, Columbus;
357 Linwood, Columbus;
153 Monroe, Columbus;
1000 Studer, Columbus;
256 E. North Broadway, Columbus;
and
106 Tar Heel, Delaware;

The indictments come as the result of a multi-agency collaboration among local, state and federal investigators in conjunction with the Ohio Organized Crime Investigations Commission. That collaborative body, known as the Central Ohio Mortgage Fraud Task Force, investigated the case over the past year. The task force is led by the Columbus Division of Police Economic Crime Unit. Other members of the task force include the Office of Inspector General for Housing and Urban Development, the Upper Arlington Police Department, the office of Ohio Attorney General Richard Cordray, the Internal Revenue Service, the U.S. Postal Inspection Service and the office of Franklin County Prosecutor Ron O'Brien.

In addition to the indictments and resulting arrests of Murphy, Underdew, Gray, Masseria and White, task force partners report that a 2002 Jaguar XJ Sport automobile was seized; the car is believed to have been purchased with proceeds from the scheme.

Investigators report that as the investigation continues, more people could be charged.

 

Posted by on 07/02/09 at 05:19 AM
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Today's News

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Erie Area Mortgage Broker Gets Prison in Fraud Case
GoErie.com - Erie, PA
Shortly before receiving a nearly three-year federal prison sentence, former mortgage office manager Francis R. Conti told the judge he never meant to defraud any of the homeowners caught up in a widespread local mortgage-fraud scheme.

Three Former Portland-Area Mortgage Brokers Face Fraud Charges
OregonLive.com - Portland, OR
Joel D. Surprenant, Michael Duc Han and Benjamin Lucian Lucescu all were charged with one count of obtaining mortgage loans through materially false and fraudulent pretenses.

Shaker Pair Pleads Guilty to Mortgage Fraud Charges
Cleveland.com - Cleveland, OH
Two Shaker Heights residents recently pleaded guilty to charges involving a mortgage scheme with seven area houses and $3 million in fraudulent loans.

Feds File Charges in Five Mortgage Fraud Cases
Chicago Breaking News - Tribune - Chicago, IL
Federal charges were filed today against 37 people and four companies in five separate mortgage fraud cases.

Feds Fighting Back
Contra Costa Times - Walnut Creek, CA
Mortgage fraud has increased so dramatically in the San Joaquin Valley that a task force of federal, state and local agencies has been formed to fight back.

Private Investigator Sees Rise in Mortgage Fraud Due to Economy
PR Web - Ferndale, WA
In the past 12 months his firm has been retained to conduct over 300 mortgage fraud investigations, a 100% increase from 2007.

Former UGA, NFL Football Player Arthur Marshall Charged With Mortgage Fraud Claims
WJBF-TV - Augusta, GA
He is also accused of defrauding three banks in obtaining loans for seven different properties in Columbia and Richmond Counties.

Cuomo Subpoenas Loan Modification Companies
New York Times - United States
“The entire industry is a scam, in my opinion,” Mr. Cuomo said Tuesday. “These are services that homeowners don’t need to pay for in the first place.”

Defendant Pleads Guilty to Wire Fraud Relating to Mortgage Fraud Scheme
Imperial Valley News - Holtville, CA
Scavitti admitted that between 2003 and August 2008 he unlawfully diverted mortgage funds that were wire transferred into his client office account to his own personal benefit, resulting in losses in excess of $2.5 million.

Fed Drug Report: Double Trouble for Metro Chicago
ABC7Chicago.com - IL
...Chicago street gang members run a network of legitimate businesses and have engineered mortgage fraud schemes, both to launder drug proceeds...

Previous Articles

TRIAL COVERAGE

Trial coverage provided by Anne Mitchell, Crazy Fish Realty.

Update - US v. F. Jeffrey Miller, et al.

Miller II: Judge Julie Robinson has ruled in favor of the defense motion granting a continuance for sentencing of the 3 convicted defendants: F. Jeffrey Miller, Steve Vanatta and Hallie Irvin. The three will now be sentenced after ruling on post trial motions set for August 10, 2009.

Vanatta has been in custody for over 2 years.  Vanetta filed a motion for his release pending sentencing. That motion was denied.

Miller remains free pending his sentencing. He has hired a new attorney who filed a motion to delay Miller's sentencing. In one post trial motion, the defense argues as to what assets are subject to seizure.

Defendant Todd Earnshaw is a Kansas City real estate Broker (and brother in law of Miller). Earnshaw has been indicted in what is commonly referred to as Miller I. A trial date for that matter has been set for January, 2010 in Topeka, Kansas.

The Government filed a motion to revoke Earnshaw's bond and remand him to custody while he awaits trial after learning that he allegedly committed the state crimes of Driving Under the Influence, Handicap Parking Violation and Failure to Control Speed to Avoid a Collision while on pretrial release. Notwithstanding finding that probable cause existed to believe that Earnshaw committed the aforementioned state crimes, Judge Robinson denied the motion, but ordered several strict conditions that Earnshaw must follow pending his trial.



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The information and notices contained on Mortgage Fraud Blog are intended to summarize recent developments in mortgage fraud cases and mortgage banking matters nationwide. The posts on this site are presented as general research and information and are expressly not intended, and should not be regarded, as legal advice. Much of the information on this site concerns allegations made in civil lawsuits and in criminal indictments. All persons are presumed innocent until convicted of a crime. Readers who have particular questions about mortgage banking, mortgage fraud matters or who believe they require legal counsel should seek the advice of an attorney. The creators, editors and sponsors of Mortgage Fraud Blog do not intend to create a confidential relationship or an attorney-client relationship by communication via or arising from this site.

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