Rachel 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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Recent Posts

- 16 Indicted In New York Mortgage Fraud Scheme
- Mortgage Fraud Scheme Leads to Prison Term for Houston Man
- Loan Officer Sentenced to 41 Months in Prison for Mortgage Fraud
- Phoenix Mortgage Broker Who Defrauded Seniors Gets Prison Term
- Jeffrey Miller Trial Begins in Topeka, Kansas
- Man Sentenced To 22 Years For Defrauding Church, Among Others
- 2 Indicted In Major Mortgage Fraud Scheme
- Mortgage Broker Sentenced to 12 Months Home Confinement
- 2 Guilty Convictions In NY Foreclosure Rescue Scam
- Guilty Plea In Multi-Million Dollar Mortgage Fraud And Telemarketing Schemes

Thursday, March 06, 2008

2 Charged With Mortgage Fraud Involving 36 Properties

Beverly Ross, 49, and Donella Locke, 58, were arrested after being indicted on January 30, 2008, by a federal grand jury sitting in Indianapolis for wire fraud and conspiracy to commit wire fraud. Ross was also indicted separately for six felony counts relating to bankruptcy fraud.

The indictment alleges that Ross and Locke conspired together to find buyers for 36 high dollar houses in the Hamilton, Hancock, and Marion County, Indiana areas. They purportedly told buyers that they needed to use their credit for several months to buy the house, but that the buyers would not actually be making any payments because Ross and Locke had different occupants who would rent the house and make the payments. Ross and Locke then allegedly caused fictitious documents to go to the lending institutions, including false statements about buyers bringing down payment funds and inflated income amounts of the buyers. Ross and Locke also purportedly knew that double settlement statements were created, specifically, one that showed the true sales price given to the sellers of properties, and one with an inflated sales price given to the lending institution for the purpose of obtaining more money. With many of the properties, the lenders thought that Ross and Locke were going to do construction work on the property raising its value. After closing, Ross and Locke benefitted from these transactions. No construction work was ever done. Few payments were actually made. Buyers did not bring down payment funds. Buyers did not authorize their incomes to be inflated on applications to the lenders.

Ross was associated with the business names Design Masters, Rose Ross Realty, and Ross and Ross Investments. Locke was associated with Locke and Key Investments, and variations of this name such as L&K Interior Designs, Locke & Key Real Estate, and L&K Investments.

In Ross’s separate bankruptcy fraud indictment she is alleged to have filed five separate petitions for bankruptcy, but then failing each time to follow-up with schedules as required by the
bankruptcy process. Her motive for four of them was to stop sheriff’s sales on properties that she had purchased in her name, or properties purchased in a relative’s name, because she had not
made payments. Ross failed to list all the prior filings for bankruptcy in the previous eight years as required by the petitions she filed.

“These schemes are complex and take an enormous amount of investigation along with expertise to secure evidence and prosecute,” Indiana Attorney General Steve Carter said. “Our
Homeowner Protection Unit is taking action against licensed appraisers and real estate agents that are related to this scheme and will pursue others licensees found to be involved. The pursuit
of the individuals who masterminded this specific scheme and harmed numerous individuals in the process is a positive step in Indiana’s fight against foreclosures and mortgage fraud.”

   

Posted by Staff Reporter on 03/06/08 at 05:06 AM
Mortgage FraudIndiana • Total comments: (4) (0) Trackbacks
  1. I think we need to see how much this type of activity played a part in the current lending crisis affecting the real estate industry.

    Posted by  on  03/07  at  05:32 AM
  2. So what is the relief that the people who were targeted received?  The consumers that this ultimately affects.  Did they have to file bankruptcy?

    Posted by  on  03/27  at  07:21 AM
  3. Instead of reacting to mortgage fraud,real estate and mortgage professionals should take a proactive approach. Many tool’s have been developed to raise fraud’s red flag,this could have been prevented on the first house.

    Posted by  on  04/15  at  09:22 AM
  4. What is KSDK? (something tells me it’s a dumb question:D)

    Posted by  on  05/09  at  06:49 AM

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TRIAL COVERAGE

Trial coverage provided by Anne Mitchell, Crazy Fish Realty.

 

Wednesday, November 19, 2008

Synopsis of Day 2, Tuesday, November 18, 2008
Seating the Jury: The jury selection process was the order of business in day 2 of the USA v. Miller, et al. Court began at 1:00 p.m. The jurors had filled out a questionaire the previous day. The 56 person pool was narrowed to 42 people whose names were called by the court clerk. Of the initial 42 potential jurors, 27 are women, 15 are men. The remaining 14 sat in the observation area with me. The side of the courtroom is divided by an aisle. The Government is to the left of the aisle, along with the jury box. The defendants are on the right side of the aisle. The choice of which side to sit on can be assumed as 'support' of one side or the other. When the jury pool returned from a break, they all filled the left side of the observation area (where I sat) and almost begrudgingly filled the right side. For the better part of the afternoon, Judge Julie Robinson questioned the jurors about whether they had served on a jury before (including any civil matters against banks. Interestingly, this was the only question in which none of the potential jurors raised their hand), their prior criminal or civil history, among other things. Many of the jurors had previous jury experience. None had been forepersons on those juries. On a few occasions, Judge Robinson excused a juror due to answers given, such as financial hardship over the course of the trial from loss of income. One juror explained that he had a close relationship with Court prosecutors due to his sitting through a murder trial of his nephew. He was unsure whether he could be impartial. When the judge would excuse a juror, the clerk would then call the next name of the 14 remaining jury pool members. The 42 were then given a sheet and asked to stand and tell the Court about their education, job, marital and family status, hobbies, favorite TV shows, military history, and what clubs they belonged to. This took the longest part of the day as some of the members spoke at length. Mr. Vanatta remains in custody. He enters and leaves the courtroom with law enforcement officers. The two officers sit 3 feet away from Vanatta during the court proceedings. Mr. Vanatta clearly struggles to keep up with reviewing jury questionaires unlike the other defendants who are free pending the outcome of this trial. Hallie Irvin sits across from Mr. Vanatta. They continue to chat and exchange notes throughout the day. Samantha Harris has no conversation with her tablemate, F. Jeffrey Miller. Harris's attorney sits between the two. I am unsure whether the jurors have yet to identify Miller. He is better dressed than his lawyers and appears to be an attorney. There is a jury consultant in the court room. Aside from myself, he was the only non-jury pool member in the observation area of the courtroom. One of Miller's attorneys', Mr. Bradshaw, appears to be bothered by my presence in the courtroom. On Monday, he approached me in the courtroom. I told him I was simply there to observe the trial. On Tuesday, at one point Mr. Bradshaw 'squared his chair' towards me. Court is not in session today, Wednesday, November 19th. On Thursday, court will reconvene at 9 am. The attorneys will be allowed to ask further questions of the 42. In case of conflict, the remaining 14 are required to return to court as well. Then, the jury members will be selected. The opening statements are much anticipated. Judge Robinson says they will begin mid-morning on Thursday. -article by field reporter, Anne Mitchell, Crazy Fish Realty

More Trial Coverage

Today's News

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Suthers Cracks Down On Mortgage Fraud
Rocky Mountain News - Denver, CO
Suther’s office also indicted 10 individuals last March in an $11 million mortgage fraud ring involving 34 local properties...Several other investigations of mortgage fraud are ongoing.

Tech Roundup: Interthinx Tackles Conflict-of-Interest Fraud
HousingWire.com
Agoura Hills, Calif.-based Interthinx, Inc., a provider of risk mitigation and regulatory compliance tools, announced last week the addition of 21 new conflict-of-interest alerts within its FraudGUARD scoring system that identify possible collusion between loan participants.

Sex, Lies, and Subprime Mortgages
BusinessWeek
The sexual favors, whistleblower intimidation, and routine fraud behind the fiasco that has triggered the global financial crisis

More Residents Worry About Mortgage Fraud
Killeen Daily Herald - Killeen, TX
Special Agent Matthew Gravelle is an experienced fraud investigator in the Austin office of the FBI's San Antonio Division. During the last five years, mortgage fraud cases have piled up because of the collapsing mortgage market.

Anti-Mortgage Fraud Law Jams Up Realtors
Bizjournals.com - Charlotte, NC
The situation mainly affects short sales, where the asking price is lower than what the homeowner owes on the mortgage. If the homeowner is 60 days delinquent on payments, the home may be considered a “distressed property” under the state Mortgage Rescue Fraud Prevention Act that took effect July 1.

Hearing Delayed for 2 Mortgage Brokers Accused of Fraud
Las Vegas Sun - Las Vegas, NV
The preliminary hearing for two Henderson residents accused of mortgage fraud has been pushed back to March because of the defense attorney's involvement in the O.J. Simpson trial in October.

Foreclosure Fallout: Avoid Mortgage Scams, Fraudulent Schemes
KOLD-TV - Tucson, AZ
Thousands of people in Pima County are facing foreclosure...The U.S. Justice Department is cracking down on mortgage scams. So far this year, more than 400 people have been charged with fraud and other mortgage related crimes.

Task Force Will Fight Mortgage Fraud
St. Louis Post-Dispatch - MO
The U.S. attorney's office in St. Louis announced Wednesday that it was forming a task force to combat mortgage fraud. The effort is intended to "cast a broader net so that we can catch more of these criminals and put them behind bars," U.S. Attorney Catherine Hanaway said in a prepared statement.

Interthinx(R) Identifies Potential Collusion in Mortgage Applications
MarketWatch - USA
Interthinx(R) announces the addition of 21 new conflict-of-interest alerts within its proven FraudGUARD(R) scoring system that identify possible collusion between loan participants. The technology advancement will help lenders identify "non-arms length" mortgage transactions -- a serious indicator of potential mortgage fraud.

Viewpoint: Foreclosure Moratoriums, and Interpreting the Truth
Housing Wire - USA
If you read the headlines, you’d think Citigroup is putting a moratorium on most foreclosures nationwide...There’s just one problem: that’s not what Citigroup really said.

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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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