Monday, October 31, 2005
ABN AMRO Files Civil Suit Alleging Mortgage Fraud Scheme in Ohio
ABN AMRO v. New Partners Mortgage Company
ABN AMRO Mortgage Group, Inc. filed a civil lawsuit in the United States District Court for the Eastern District of Ohio on May 9, 2005 against the following defendants who are alleged, in the Complaint, to have the following roles or capacities:
New Partners Mortgage Company, Westlake, Ohio, alleged to have been the mortgage broker on all loans in the complaint
Joseph Michael Cahlik aka Michael Cahlik, Parma, Ohio, alleged to be a New Partners loans officer that helped set up and participated in the alleged scheme.
Joseph Daniele, Odessa, Florida. The complaint alleges, on information and belief, that Daniele was the primary architect of the scheme and was primarily responsible for locating and pairing sellers and borrowers.
Naetal Lawrence aka N.R. Lawrence, Beachwood, Ohio, alleged to be a real estate appraiser.
Excel Appraisals, Beachwood, Ohio, alleged to be owned and operated by Lawrence.
Netco Title aka National Equity Title Agency, Inc., Parma, Ohio
Title Associates, Inc., Brecksville, Ohio
Crescent Title, Canton, Ohio
Advanced/Affiliated Title Agency, Inc. nka Affiliated Title Agency, Inc., Independence, Ohio
(Netco, Cresent and Advanced/Affiliated are alleged in the complaint to have prepared the title work in the mortgage transactions and to have acted as ABN AMRO’s agents at the closing of the loans)
Also named as defendants were Fidelity National Title Insurance Company and Lawyers Title Insurance Company - alleged in the complaint to have issued closing protection letters against certain misconduct of the closing agents.
In the lawsuit, ABN AMRO alleges that it was the lender, and victim, on hundreds of loans under a mortgage secured loan scheme and faces millions of dollars in loan loss. One aspect of the alleged scheme involved representing loan transactions to be refinances when, in reality, they were purchase money loans. Other aspects of the alleged scheme involved use of inflated appraisals to increase the loan amounts and inclusion of false information (or concealment) regarding borrower qualifications during the credit assessment phase of the loan transaction.
mortgage fraud
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Trial coverage provided by Anne Mitchell, Crazy Fish Realty.
F. Jeffrey Miller Update - October 20, 2009
A hearing was held in Topeka, Kansas in front of Judge Julie Robinson. Miller is currently being held pending his sentencing which is set for December 22nd, 2009 at 9:00 a.m.. Steve Vanatta and Hallie Irvin, Miller's codefendants, will be sentenced at that time also.
Several motions were heard this week. One was a motion for Miller to be released pending his sentencing. Miller's attorney, Jeff Morris, argued that the court had dismmissed with predjudice the matter involving Miller's purchase of a commercial lawnmower, violating the court ordered monitoring agreement. He also argued that Miller was not a flight risk and should be released. This motion was denied.
Another motion heard by Judge Robinson was that of an escrow account containing proceeds from the sale of Miller's forfeited assets. This account has a balance of $143,000. Attorney Morris argued that his firm was due $100,000 for work done in the Miller matter, to date. The government argued that his 'un-itemized fees' were 'exhorbitant'. The balance of the funds, Morris argued, should be released to the Miller family to help pay for mounting household expenses.
The government argued that the 'Asset Forfeiture Provision' applies down to 'the last penny' and that 'the rights of the victims to made whole are of paramount immportance' and that no routine household expenses like Visa bills, are allowed.
Attorney Morris argues that there is more than enough assets to satisfy the jury's judgement of $2.65 million dollars. The government argues that the estimated value of his assets are only $1.4 million.
The government also stated that Miller has been paid dividends from a company Miller has an ownership interest in; Boreflex. From July, 2008 to present, Miller has been paid $330,509.30 from Boreflex, unbeknownst to the court appointed monitor.
Present in the courtroom was Todd Earnshaw. Earnshaw was indicted along with Miller and others in what is commonly referred to as 'Miller I'. That trial is scheduled to begin on January 11, 2010 in Topeka, Kansas.
More Trial Coverage
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Rachel Dollar, the editor of Mortgage Fraud Blog, is an attorney and Certified Mortgage Banker who handles litigation for lending institutions and secondary market investors. She is an author and a nationally recognized speaker on the topic of mortgage fraud. Ms. Dollar is a shareholder with the law firm of 
