Mortgage Fraud Blog is the premier website for news and information on mortgage fraud and real estate fraud throughout the United States.
imageRachel 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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Monday, October 16, 2006

California Couple Arrested in Elder Abuse involving Real Estate Fraud

Homes Allegedly Stolen from Elderly Woman

Charlene Padilla Humphrey, 51, Twentynine Palms, California, and her husband, Mark Terrence Humphrey, 46, Twentynine Palms, California, were arrested in connection with Grand Theft and Elder Abuse of Garneth Sylvia, 92.

An investigation by the San Bernardino County Real Estate Fraud Unit determined that Charlene Humphrey gained the confidence and trust of the elderly victim and convinced her to move to California from Cape Girardeau, Missouri.

The Humphreys convinced the victim to purchase two homes in Twentynine Palms, California and then pressured the victim into signing over title of the properties to the Humphreys. The Humphreys then took out a loan on one home in the 5400 Block of Morongo Road, which the victim had purchased for $50,000. Charlene Humphrey misled the victim into signing the property over to them as a gift, while the victim believed she was signing documents necessary to receive her share of funds from the home. The victim received nothing and the Humphreys financed $100,000 and used the proceeds to pay off their own debts. Additionally, the Humphreys used stolen proceeds to buy a home in Harlem, Georgia.

The Humphreys also convinced the victim to invest an additional $48,000 for a “Bed and Breakfast” they told the victim they would open in the 72000 block of Sunnyslope Drive, Twentynine Palms. The neighborhood is residential, off the beaten path, and the bed and breakfast was never opened. The victim is currently living in a mobile home park in San Bernardino County. The victim’s loss totals approximately $150,000, which was her life’s savings. The Humphreys are being held on $350,000 bail.

 mortgage fraud

   

Posted by Rachel Dollar on 10/16/06 at 12:30 AM
Mortgage FraudCalifornia • Total comments: (5) (0) Trackbacks
  1. Great and important blog!

    Posted by  on  10/16  at  07:52 AM
  2. I don’t understand how people would be sick enough to prey on elderly people like that and rob them of everything they have.

    Posted by  on  08/30  at  05:07 AM
  3. Dear Ms. Dollar:

    My name is Victor Murillo. I am writting on behalf of this senior couples who had been robbed by their own son.  Although they have gone to numerous attorneys, more than dozens offices, icluding government agency like legal aide foundation, Layola Law School (free legal advise dept), no ones is willingly to help her.  In 2003 Mrs. Suthiprasert was about to retired from nursing.  She has brought and lived in her home for over 20 yrs. Hard earned money was putting into house payment hoping to have a security nest to live when she retired. At that time she owes $80K to the bank.  Her house has a market value at approximately $200K.  One day her son encourage her to get a refinance by pointing out the benefit of getting lower interest rates, plus a lower payment.  She aggreed to follow his advise, and he took her to obtain a equity line of credit loan through Bank of the West in the amount of $80K to pay off the old loan.  Later on he manage to contact the bank withouth her knowledge and raised the loan to $200K and took $120K for his own spending.  In addition, he also use her identity to apply for other three equity line of credit from Washington Mutual, ELoans, ING Direct totalling to amount of approximately $600K.  He continues making payments and kept statements out of this senior lady’s site so she would not be aware of such loans. In addition, he also request statement sent to other address or request an electronic statement to avoid having statement be sent out to this senior lady’s address.  In late 2005, he stopped making payments. And that when all kind of litigation started.  How he defraud his own mother is by having her signed numerous loan documents. By stating to her that her credit was qualified for the the previous loan and that bank must sell her loan to another banks. Using tricks and lies he manage to make her belive what he was saying were true.  Today she is in final stage of loosing her homes. Many attorneys charged her advise or consultation fees but show no promosing sign to recue her.  She filed for bankruptcy from getting an impression that it would help solve the problem, because people lied to her. Is there’s a way this poor senior lady could be rescue at all?  In addition, he also took her pension saving she been collecting all her life and spent it in the amount of $80K.  This poor senior c0uple has no one to turn to for help. Their English is also a big barrier issue as well. They are about to get evicted.  We all felt so sorry for them and it’s why we are writting to you on these poor senior couples.  Thanks for your time and conisderation.

    Sincerely,

    Victor Muriilo
    8730 Steart and Gray Rd
    Downey, CA 90241

    Tel 562-303-7600

    Posted by  on  12/11  at  01:24 AM
  4. Dear Ms. Rachel Dollar:

    Do you have suggestions regarding the post Elder Abuse from:

    Posted by CHITRAPORN SUTHIPRASERT on 12/11 at 01:24 AM.

    I’d like to know because this also happened to a very kind two elderly couple.

    Thanks.

    Posted by  on  03/12  at  10:00 AM
  5. People prey on the elderly because they are easy victims.  Sort of like preying on children, just at the opposite spectrum.  It’s sad either way and a crime.

    Posted by  on  08/22  at  06:01 PM

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Previous Articles

TRIAL COVERAGE

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.



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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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