Mortgage Fraud Blog is the premier website for news and information on mortgage fraud and real estate fraud throughout the United States.
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 Smith Dollar, PC, is licensed to practice law in California and maintains offices in Santa Rosa, California. Email Ms. Dollar
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Businessman and Appraiser Indicted in Illinois Flipping Scheme
Over 150 Properties Involved in Alleged Scam
An Illinois grand jury handed down an indictment charging Gary Knox, 59, Decatur, Illinois and Dennis Wiese, Jr., 37, appraiser, Bellevue, Illinois with bank fraud, wire fraud and mail fraud in connection with allegations that they engaged in a flipping scheme involving over 150 properties in the Springfield and Decatur areas of Illinois between 1999 and 2005 and totaling more than $8,000,000 in loans. Knox and Wiese are alleged to have obtained a total of more than $3,000,000 from the transactions. Knox was charged in 10 counts of the indictment and Wiese was charged with nine counts.
Knox was arrested on July 10, 2005 and entered a plea of not guilty at a hearing on Monday, July 11, 2005. He is in custody pending a bail hearing on July 15, 2005.
Knox served time in federal prison for bank fraud and mail fraud in the 1990’s. The Illinois Department of Financial and Professional Regulation’s Division of Banks and Real Estate has filed a complaint agaisnt Knox for allegedly selling real estate without a license. Earlier this year, Wiese agreed to a ten year revocation of his appraisal license. (Mortgage Fraud Blog article on license revocation.)
According to the indictment Knox represented himself as being in the business of buying, selling and managing real estate – both individually and dba Central Illinois Management and Development Company.
The indictment alleges:
• Knox would identify sellers of low value or distressed rental properties in Springfield or Decatur, Illinois. He would sometimes represent himself as an agent for real estate investors in negotiating for purchase of properties. Knox represented to the sellers that he would complete the transactions and provide the sellers with the sales proceeds. He led the sellers to believe that he would be compensated for arranging the sales by his investor clients and that the sales price arranged between Knox and the seller would be the amount that the buyers would pay to purchase the properties.
• In other cases, Knox and the sellers would negotiate a sales price and the seller would agree that Knox would be entitled to retain any amount in addition to the agreed sales price if he was able to find a buyer willing to pay a higher amount. According to the indictment, theses sellers were later complicit in fraudulent sales of the properties for amounts supported by fraudulent appraisals.
• Knox would fraudulently inflate the sales prices for properties. Wiese prepared fraudulent appraisals and was paid appraisal fees ranging from $350 to $450 per appraisal. Wiese would prepare appraisals that met target amounts provided by Knox. The appraisals utilized comparables that were in better condition and located in more favorable areas. Knox often provided the comparables. Wiese also created his own comps by relying on prior fraudulent sales conducted by Knox and supported by other fraudulent appraisals prepared by Wiese. The condition of the properties was misstated.
• Knox also used other appraisers. In at least one instance, Knox obtained comparable sales information for three Decatur properties and forged the sales properties to make it look as if they sold for over $70K more than their actual sales prices. He faxed these forged comps to an appraiser who utilized them to prepare an appraisal to support a sale of property at almost $80K over its reasonable value.
• Knox recruited buyers who had little or no experience in real estate investment. Knox would tell the buyers that (1) they would be paid up to $5,000 for each property purchased, (2) they could purchase properties with no money down, (3) the properties were worth the appraised amounts, (4) Knox would assist them in obtaining loans, (5) Knox would act as property manager – obtaining tenants, collecting rents and making the mortgage payments and (6) Knox would buy back the properties on contract for deed.
• Knox primarily used to mortgage brokerage firms in Springfield and Peoria to obtain mortgage loans. The brokerage firms often allowed Knox to assist with completing the documentation and acting as a conduit in the transmittal of information and documents between the brokerage and the buyers. The indictment does not identify the brokers but an article in the State Journal-Register states that “a 2004 State Journal-Register investigation of Knox and Wiese found that the men had sought loans from Riverfront Mortgage Services in Peoria and State Street Mortgage and Finance Co. in Springfield. The brokers approved the loans and then sold them to other lenders. Since then, both mortgage companies have lost their state licenses. State Street Mortgage has reopened under new ownership and with a new license.”
• Knox caused false statements to be made on many of the applications including misrepresentations regarding down payment, available cash and rental income. Some of the purchasers in making false statements.
• Title insurance companies often allowed Knox to assist in completing loan closings and transmit documents between the title insurance companies, buyers and sellers. Knox often orchestrated the closings so the buyers and sellers would not meet. He sometimes led buyers and sellers to believe that the large disbursements he received at closing were for repairs and improvements to the properties. Knox sometimes caused buyers or seller signatures to be forged on closing documents. In order to complete sales, Knox would sometimes have the title company issue him a check for loan proceeds before the loan closing occurred. Knox would take the check to the bank and obtain multiple cashier’s checks – one in the name of the buyer that Knox would submit to the title company at closing for the buyer’s down payment.
• Knox didn’t properly manage the rentals, locate tenants and collect rents or make the mortgage payments. The loans defaulted and lenders foreclosed.
Properties listed in the indictment as included in the scheme:
418 S. Siegel, Decatur, IL
1145 N. Pine Street, Decatur, IL
830 S. 12th Street, Springfield, IL
1320 S. 13th Street, Springfield, IL
1305 E. South Grand Avenue, Springfield, IL
821 S. 14th Street, Springfield, IL
467 S. Boyd, Decatur, IL
1039 N. Church Street, Decatur, IL
1414 S. Grand Avenue, Springfield, IL
8 Montgomery Place, Decatur, IL
The indictment also alleges that Knox, using a fraudulent appraisal prepared by Wiese, conducted a fraudulent sale of a house owned by an elderly couple without the knowledge or approval of the owners and that Knox and an associate conducted four fraudulent sales of houses owned by Knox. The purchasers were relatives of Knox’s associate and had no knowledge of the property transactions.
does anyone know about civil causes of action in these types of cases for buyers who were injured? damages amounts or calculators?
Posted by on 11/23 at 09:27 PM
AFFIDAVIT
Heather Jean Mickelson, being first duly sworn and under oath do swear and say that:
“My name is Heather Jean Mickelson. I am 27 years of age, of sound mind, and have never been convicted of a felony.
“I owned a home in the Tremont Tower Condominiums at 3311 Yupon Street, #410, Houston, Texas 77006. I closed on the home on July 30, 2004 at the Texas American Title Company, 3633 Allen Parkway, Suite 200, Houston, Texas 77019. At that time I received what I thought was a complete set of the closing documents.
“In November, 2005, at the request of my attorney, I requested a complete copy of my file from Texas American Title Company. The attorney particularly wanted to see the document which had been blank at the time of closing that authorized a commission of $9,200 to be paid to Wilshire Consulting, even though I had not used a broker or a real estate agent. When I gave the person at the title company the address of the house, she immediately said that it was an oddity and it would take 2-5 days to retrieve the file and she would call me back when they found it.
“One week later I called the title company back and was told that they couldn’t find the file and that it may have been put in storage. From then through the end of December, I called every two weeks checking on the search for the file.
“On February 6, 2006, the title company called to say that the file was officially misplaced and that they could only supply documents that had been filed as public record, or about 44 pages.
“On February 8, 2006, the title company called to say that they had found the file and would send it by Federal Express.
“On February 9, 2006, I received the documents. I noticed that there were 2 pages with apparently forged signatures and that the HUD statement was different from the one I had received at closing. The difference was, instead of $9,200 going to Wilshire Consulting, the document now read $17,728.09. Also missing was the Uniform Mortgage Application.
“On February 10, 2006, I notified the title company by facsimile of my belief that there were altered and missing documents. I gave them one week to respond or I would seek legal action. I received fax confirmation from the title company that they had received my fax.”
As a victim of mortgage fraud (under investigation), recently uncovered forged documents where my name was signed on the US Patriot Act Data Collection forms. Would Homeland Security want this information?
I am currently a newly founded victim according to the uppers in our govt. only!! I knew I had the SUCKER sticker after the assessor’s office came to investigate the origination of my loan and the upgrades to justify an almost $45,000 discrepency to sell me a home 11 days later. Moreover, MY earnest money of $1,000 along with MY accepted offer of $122,000 which was thankfully and greatfully received after I threw the offer of $116,000.
Here is where it gets scandulous folks!! My trustworthy investment broker TOOK my earnest money and used it to buy MY home for $133,000 and sell it to me for $170,000 11 days later!!! I DO NOT LIE TO ANYONE WHO ASKS ABOUT THE DELINQUENCY in payments. With my loan being sold/transferred/or whatever they do with us and our helpless paperwork, I REFUSED to send another $1,222.00/mo. mortgage payment with all the uncertainty. There are many more supporting arguments and evidences but
enough of the bragging rights over this
...NIGHTMARISH AMERICAN DREAM!! Thanks to all of the SNAKES, RODENTS, and FRAUDULENT practices which mocks and lies about the VERY attribute America blossomed...Property/Land and the American Citizens Right to own and the Freedom to enjoy.
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Ownership Rights to Get Another Look TBO.Com
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Thursday, February 18, 2010 F. Jeffrey Miller Trial Continued Testimony
As reported by Anne Mitchell, who viewed the trial:
Angela Parenza worked for Jeff Miller as the office manager for 7 or 8 years beginning in 1998. Parenza was indicted along with Miller and pled guilty to conspiracy to commit bank fraud and money laundering. Parenza testified that Miller or his contractors allegedly preferred to build all the...
Wednesday, February 10, 2010 F. Jeffrey Miller Trial Coverage Continued - Witness Testimony
Steve Middleton Testimony - Coverage Provided by Anne Mitchell
The Government continued in its cross examination of Steve Middleton. He was shown several HUD-1 statements involving sales of homes located in Overland Park, KS, and Olathe, KS. The HUD statements each allegedly showed line items of payments to (James) Moser & Associates, LLC's...
Monday, February 01, 2010 F. Jeffrey Miller Trial Coverage - Continued Witness Examination
According to Anne Mitchell, who is present in court for the trial:
Next Witness: Kelly Sanford
Kelly Sanford of the Federal Reserve was a short witness for the Government. Sanford manages electronic payments between banks and member financial institutions. He was shown copies of wire transfers and asked whether they coincided with the counts in...
Wednesday, January 27, 2010 F. Jeffrey Miller Trial - Prosecution Witnesses Continued
According to Anne Mitchell, who is viewing the trial:
January 13, 2010
Witness: Rick Hayes
Rick Hayes testified that on the day that he closed on his Miller Enterprise home, he received a phone call from the Kansas Banking Commission informing him that his loan was fraudulent. After the Hayes responded to a classified ad, they met with John...
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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.
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 
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