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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June 5, 2009 - Miami Herald
Feds Get Tough on Mortgage Fraud

January 18, 2009 - New York Times
Loan Fraud Seen on the Rise

November 18, 2008 - Willamette Week
House of Gain

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- Mortgage Fraud Scheme Leads to 83 Count Indictment
- Beazer Homes Settles Accusations of Mortgage and Accounting Fraud
- Closing Agent Indicted for Misappropriating Funds
- Falsified Loan Apps Lead to Criminal Charges
- 4 Indicted For Using Stolen Identities to Obtain Loans
- New Jersey Man Indicted for Mortgage Loan Misreps
- Florida Man Sentenced for Role in $30 Million Mortgage Fraud Scheme
- Ohio Man Charged in Straw Borrower Scam
- Loan Mod Company Ordered to Cease & Desist
- Former Mortgage Broker Pleads Guilty in $1.6 Million Mortgage Fraud Scheme

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States Developing National Residential Mortgage Licensing System

Twenty-nine state agencies have indicated their intent to participate in the Residential Mortgage Licensing System by the end of 2009.

The System will be used by state residential mortgage regulators to accept and process national, uniform license applications and renewal forms that have been created by state regulators over the past two years.  Licensees will be able to electronically manage a single record in the System to apply for, amend, renew, and surrender licenses in one or more regulators.  The System will manage state licenses for mortgage companies, branches, and individuals. The System is scheduled to go operational in January 2008.

The Statement of Intent signed by the 29 state agencies clearly asserts the reasons for state participation:

• To improve the efficiency and effectiveness of state supervision of the U.S. mortgage market;

• To fight mortgage fraud and predatory lending that costs consumers and the mortgage industry hundreds of millions of dollars in losses each year;

• To increase accountability among mortgage industry professionals;

• To unify and streamline state license processes for mortgage lenders and mortgage brokers.

State agencies announcing their commitment to the System include Alabama, Arizona, Arkansas, Connecticut, District of Columbia, Georgia, Idaho, Indiana Department of Financial Institutions, Indiana Secretary of State, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Vermont, Washington and Wyoming.It is expected that the above state agencies will transition onto the System over the 2008 and 2009 time period as full functionality for the System’s release is completed.  Additional state agencies have expressed interest in participating in the System, but are still determining a timeframe for their participation.

We are proud to announce this initial phase of participating states who are taking a leadership role in creating a unified and modern system of state mortgage supervision”, stated Neil Milner, CEO, CSBS.  ”By announcing their intent to participate, these state agencies will be heavily involved in the initial phase of development of the Residential Mortgage Licensing System.”

The importance of this initiative is underscored by the number of state agencies indicating their intent to come on the System during the initial phase of development,” commented George Kinsel, President, AARMR.  ”These states are creating the critical mass necessary for state supervision of the mortgage industry to become more uniform, more efficient, and more effective.”

Posted by on 03/02/07 at 05:03 AM
  1. I live in a condo and am concerned about buyers attaching second home riders to property just purchased and refinancing current property and using Second Home Riders.  I understand why people would want to do this, but it appears for the most part these investors have no attention of using the unit as a second home as the property becomes immediately on closing, rental units. How much should I and folks like me that use our units as full time homes.  I know property values have gone through the roof, along with taxes. etc.  My area is Ocean front, Resort small Island and our complex contains 65 units with about 60% short term rentals.  We have about three months of busy season and then things slow way done.  Only about 6 full timers.  Our BOD don’t and won’t address this problem of our high % of owners that are renting and ignore what seems to me a dangerous practice of investors manipulating the mortgagee market to get lower interest loans.
    Any advice would be appreciated.  I have met with no success in contacting our state and local government.  I just keep getting deeper and deeper into the
    the morass of government offices and always end up lost.  I want to get more information than I can download from the local county property web site.
    How much do I have to worry in all this.
    I live a great life and it is just a race to the finish to see if I can afford to live here until I die.  Right now it looks as if I may be downgrading in a couple years due to costs of living here.

    Posted by  on  03/03  at  06:29 AM
  2. As much as our industry needs this and I would welcome the accountability aspect, I cannot help but think that our noble state legislators will quickly find a way to turn this into a new income stream for the state’s coffers.

    How ironic. We’ll pay them to rob us.

    Posted by  on  03/08  at  01:01 PM
  3. I have some seious issues with a lender and would like to know how to find out if they are legal in what they are doung.

    Posted by  on  03/09  at  07:46 AM
  4. I have been in this business for more than 27 years. The level of professionalism waxes and wanes. It’s an industry-wide problem. Few mortgage loan officers even know the financial affects of some of the products they push. It’s all driven by “bigger paychecks”. I have lost hundreds of clients to less-experienced loan officers promising something they couldn’t deliver. It all boils down to the golden rule: when acting as a loan officer, do for the client what YOU would want YOUR loan officer todo for YOU! This applies to wholesalers as well. Why help someone buy a home they’re going to lose in the next 12 months? Not smart.

    Posted by  on  03/09  at  03:33 PM
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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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Legal Disclaimer.
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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