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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Tuesday, September 30, 2008

2 Indicted In Arizona Mortgage Fraud Scheme

Kimberly R. Werking, 42, Phoenix, Arizona, and Jeffery Z. Sayegh, 44, Cave Creek, Arizona, were indicted on five counts of forgery, one count of money laundering and one count of fraudulent schemes and artifices.  Werking was also indicted on six counts of residential mortgage fraud, five counts of theft and one count of illegal control of an enterprise. 

The charges, all felonies, relate to the defendants’ alleged equity “skimming” operation in Phoenix and North Scottsdale, Arizona.  These are among the largest indictments issued under the state’s residential mortgage fraud statute (A.R.S. 13-2320), enacted in 2007.

“Acts of fraud such as this jeopardize the security of Arizona’s families, neighborhoods and economy, especially during this time of financial uncertainty,” Goddard said.  “I am committed to protecting Arizonans from those who violate the law and undercut the financial stability of businesses and consumers.”

According to court documents, between February 2006 and August 2007, Werking, a licensed Arizona realtor, and Sayegh, a loan officer, collaborated to obtain fraudulent bank mortgages for Werking on five properties in North ScottsdaleWerking, with assistance from Sayegh, allegedly induced lenders to approve applications for bank mortgages and refinancing loans by knowingly misrepresenting the truth or concealing material facts contained in those applications. 

The indictment further alleges that Werking “skimmed” over $1 million in equity from the homes through the refinancing process, and, once no more money could be pulled out of the properties, allowed them to go into foreclosure.  Werking would purchase homes using false information, receive cash for refinancing them and then not make the mortgage payments.

Werking also collected $350,000 in real estate commissions through the home purchases. 

Court documents name eight financial institutions, with collective losses of over $675,000, as victims of the alleged operation: The Carioca Company, Countrywide Financial, Bank of America, Avelo Mortgage, Plaza Home Mortgages, Inc., INDYMAC Bank, Carnegie First Lending Services and Preferred Home Mortgage.

Assistant Attorney General Andrei Cherny is prosecuting this case.  For more information, contact Anne Hilby at (602) 542-8019.

   

Posted by Staff Reporter on 09/30/08 at 04:04 AM
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Today's News

Some Sources require Registration.

 

Mortgage Fraud: Beware the Wolf (Loan Officer) in Sheep's Clothing
24-7PressRelease.com - USA
US consumers looking to refinance their homes or to secure a home loan to purchase their dream homes would be well advised to educate themselves...

Internet Scammer Sells Cape Coral Residential Lot For $18,000
The News-Press - Fort Myers, FL
Because she had title insurance, Kunda will probably get back her money from the 2007 purchase, but the incident highlights cracks in the real estate market and the risk from international scammers who are growing more sophisticated.

Prosecutors Busy With Fraud Cases
Daytona Beach News-Journal - Daytona Beach, FL
The U.S. Justice Department has formed more than 40 mortgage fraud task forces nationwide as prosecutors and investigators struggle with a flood of mortgage-related criminal cases. The FBI reports that its mortgage-fraud caseload has more than doubled in three years to about 1,600 investigations that have cost lenders at least $4 billion. About 200 FBI agents are assigned to the cases, up from 120 a year ago.

Yanchek may take plea deal
Herald Tribune
Sarasota attorney John Yanchek is expected to plead guilty to mortgage fraud next week, statements from a federal prosecutor and the judge presiding over the high-profile criminal case seem to indicate.

Bear Stearns Execs Trial Slated for September
News Inferno
Two former Bear Stearns hedge fund executives are slated to go to trial in September over charges that they lied to investors about two of the funds they managed

Rockford, Chicago lead state in mortgage fraud
Rockford Register Star
Reported incidents of mortgage fraud grew by 45 percent in the second quarter compared with the year-ago period.

Report Finds Tampa No. 2 In Florida For Iffy Mortgages
Tampa Bay Online
In a state that leads the nation in mortgage fraud, Tampa had the second most cases of suspicious loan activity of any Florida city, according to a report released this morning from the Reston, Va.-based Mortgage Asset Research Institute.

Mortgage Fraud Jumps by 45% on Fewer Loan Applications in U.S., Per... MARI
Cloud Computing Journal
Key findings from the MARI Quarterly Fraud Report include that fraud most often occurs at the beginning of the loan process. More than 65 percent of fraud incidents are attributed to "General Application Misrepresentation"

Seven Are Accused Of Identity Theft And Mortage Fraud
The Star Ledger, New Jersey
Seven people have been arrested in connection with an international identity-theft scheme that targeted home equity lines of credit and siphoned at least $2.5 million away from dozens of banks, including more than 10 in New Jersey, according to documents unsealed today.

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.

Previous Articles

TRIAL COVERAGE

Trial coverage provided by Anne Mitchell, Crazy Fish Realty.

U.S. v. Miller, et al.

Thursday, December, 18, 2008

Verdict:

F. Jeffrey Miller Guilty of Conspiracy and Money Laundering

Steven Vanatta Guilty of Conspiracy , Money Laundering and Bank Fraud

Hallie Irvin Guilty of Conspiracy , Money Laundering and Bank Fraud

Sandra Jo Harris Not guilty- all counts



More Trial Coverage

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© Copyright 2004-2007 Rachel M. Dollar

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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