imageRachel 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

- Mortgage Fraud Scheme Leads to 83 Count Indictment
- Beazer Homes Settles Accusations of Mortgage and Accounting Fraud
- Closing Agent Indicted for Misappropriating Funds
- Falsified Loan Apps Lead to Criminal Charges
- 4 Indicted For Using Stolen Identities to Obtain Loans
- New Jersey Man Indicted for Mortgage Loan Misreps
- Florida Man Sentenced for Role in $30 Million Mortgage Fraud Scheme
- Ohio Man Charged in Straw Borrower Scam
- Loan Mod Company Ordered to Cease & Desist
- Former Mortgage Broker Pleads Guilty in $1.6 Million Mortgage Fraud Scheme

Wednesday, March 26, 2008

California Mortgage Fraud Task Force Established

In recent months, an Eastern District of California Mortgage Fraud Task Force has been established. This action was taken as a result of the significant increase in reported mortgage fraud as economic conditions and the housing market have worsened. Members of the task force include representatives from the U.S. Attorney’s Office, FBI, IRS-CI, the Department of Housing and Urban Development, the United States Bankruptcy Trustee’s Office, and the California Department of Real Estate.

Mortgage fraud is a very real problem, both legally and economically. Federal law enforcement here in the Eastern District is fully committed to holding responsible those who in their greed have stolen from their fellow citizens. It is our duty to do all we can to restore faith and confidence in the marketplace by placing these thieves where they belong: in prison.” stated U.S. Attorney Scott.

Drew Parenti, Special Agent in Charge of the Sacramento FBI, said, ”Mortgage Fraud has recently been elevated to the FBI’s highest financial crime priority, and we are attempting to address the numerous reports of fraud within the real estate industry that have occurred across the country. We are focusing on the industry professionals, the “insiders” who have manipulated the mortgage loan process for their own financial gain. These investigations are lengthy and complicated but we will work with our law enforcement partners and utilize every resource available to us to ensure these cases are investigated and prosecuted to the extent the law allows.

Scott O’Briant, Special Agent in Charge of IRS Criminal Investigation said, ”Mortgage fraud adds secret dollars to the underground economy that erodes the integrity of our tax system and threatens the financial health of our communities. IRS-CI will continue to utilize its financial investigative expertise to aggressively investigate criminal activities that adversely affect our financial system.

These types of crimes create a significant loss of tax revenue, drive buyers into foreclosure, leave lenders burdened with bad loans and neighborhoods with abandoned and deteriorating properties. IRS-CI is committed to pursuing individuals who commit these types of crimes.

The task force allows for a more targeted, coordinated approach in prioritizing the massive volume of referrals being made to federal and state agencies

   

Posted by Staff Reporter on 03/26/08 at 01:15 AM
Mortgage FraudCalifornia • Total comments: (11) (0) Trackbacks
  1. Its about time but what really needs to happen is a tightening of broker licensing requirements.

    Posted by  on  03/26  at  09:11 AM
  2. Ameriquest is a company that frauded us with a high appraisel, We never received the paper work have called the company a lot of times .Three years stll havent received it. They said it appraised at 298,000. I couldnt beleive it . We would be luckey to sell it for 45,000.

    Posted by  on  03/29  at  03:23 PM
  3. Alleged real estate scammer arraigned
    LIVERMORE: Woman hit with eight felony counts after duping homeowners who still wound up in foreclosure
    By Sophia Kazmi
    STAFF WRITER

    Article Launched: 03/28/2008 03:03:14 AM PDT

    One of two women accused of scamming East Bay homeowners facing foreclosure was arraigned in a Hayward courtroom on Thursday.
    Verena Silva, 42, of Union City was charged with eight felony counts, ranging from first-degree burglary to attempting to defraud creditors. Superior Court Judge Gary Picetti referred Silva to the Public Defender’s Office and ordered her back in court today to make her plea to the charges.

    The Alameda County District Attorney’s office says the scam ran deep and victims included homeowners in Concord, Pleasanton, Berkeley and San Leandro. District Attorney investigators spent six months investigating the Livermore-based Community Home Savers Program, the company for which Silva worked.

    Sonia Alburez, 37, of Pleasanton, is the business owner. She is scheduled for arraignment Tuesday and faces 27 related felony charges.

    Reports in court files show the district attorney believes more than 100 properties in Alameda County could be involved.

    Homeowner Alan Grigas, of Oakley said Thursday that he and his wife went to the Home Savers Program after they received a letter in the mail addressed to them and marked “urgent.” Facing foreclosure on their home of 20 years, they decided to work with Alburez.

    “We’re trying to get out of the house mess and we got a little bit desperate,” he said. He said they were told to go the Contra Costa County Recorder’s Office and transfer some of the property interest to some holding companies. The couple

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    had already paid out $500 and Grigas said he was getting ready to pay the two women again when he read about their arrest in the Times. Grigas said he is now working with the district attorney.
    “I was busting my you-know-what to pay her to save our house,” he said.

    According to court documents, Silva and her boss, Alburez, trolled county recorder offices for the names of owners facing foreclosure and sent them letters. The mailers would tell potential customers that their could help stall the process.

    According to court records, in one case, Silva visited a San Leandro family and told them the program was put in place by the president to help homeowners facing foreclosure keep their homes. Silva also told the family they would not have to pay mortgage or taxes for up to two years.

    Victims were told to process grant deeds and to pay the Livermore company $1,500 to $2,000 upfront and a monthly fee of $1,500 to $2,000 so they could stall the foreclosure process as well as help pay down the mortgage and repair their credit, said David Lim, the prosecutor handling this case.

    The women would tell clients to transfer a portion of the interest in their properties to various holding companies. They were told those companies would file a petition with the U.S. Bankruptcy Court to forestall foreclosure.

    “In reality, (the companies) don’t have any assets and the bankruptcy petitions were fake,” Lim said.

    The banks would then file motions to get back the property, and they would win because no one from the “holding companies” would show up to court and the banks would continue the foreclosure.

    The victims would then would be out of a house and thousands of dollars. The district attorney’s office contends the women knew that would be the result.

    Lim said Silva and Alburez may have been making as much a $178,000 a month based on monthly fees and the number of properties involved.

    When the San Leandro family, who paid about $4,000 in fees, found out they had lost their home anyway, they went back to the women to complain. They were given $900 back.

    Reach Sophia Kazmi at 925-847-2122 or skazmi@bayareanewsgroup.com.

    Posted by  on  03/29  at  08:19 PM
  4. Is there a task force in NY?

    Posted by  on  04/02  at  01:28 AM
  5. Has anyone else had problems with First American Title Company? Their agents seem to act as ‘unbiased professionals’ closing loans, not through escrow. I received defective Title deeds, and the notes to secure money owed me were unrecordable, and First American Corporate says they have no responsibility for agent misconduct?
    Except when I issued a complaint I was asked to sign documents saying the transaction was valid.
    The ‘agent’ claimed she was only acting as a notary, yet she signed as escrow officer and we were in her office over an hour. The same ‘agent’ acted in other transactions. My property was taken without paying me. It couldn’t have happened without her help. Any comments would be appreciated.
    Ellie

    Posted by  on  04/20  at  11:00 PM
  6. In 2006 I purchased a property and the appraisal came in about 100K higher than the other properties in the tract were selling for.  I questioned this with the lender and he said the appraisal was accurate.  I should have questioned further because comps outside of the tract I bought were apparently used. (THE TRACT WAS ONLY 1 YEAR OLD AND NEW PROPERTIES WERE STILL BEING SOLD; THEY ALSO OPENED A NEW TRACT 1/4 MILE FROM OURS AS WELL) I had no knowledge of this at the time as I’m not an appraiser. The lender also told me my rate was going to be in the 6’s but it is actually 9.9% adjustable and can adjust up to 15%.  had 100% financing, $740,000 loan, and no second. Credit score at the time was in the mid to upper 6’s. This lender made a GRIP of money on my loan.  I’ve since gone back over all my paperwork after gaining a good knowledge base of how lenders and loans work.  I’m floored that this loan was actually processed and funded.  We did stated income and I produced copies of all my bank statements for the proof of income.  At the time income was great.  I’ve now had to file a Chapter 7 and the arrearages on the loan are $98,000 and growing.  Current market value of my model is $469,900.00 based on short sale comps in my tract.

    Do I have any recourse against the appraiser and lender?

    Posted by  on  05/09  at  07:30 AM
  7. What I would like to see is a law for all tile agancys to have a linanse in each and every state. This way the puplic would be protected.

    Posted by  on  05/09  at  08:09 PM
  8. how do we report to them, we have a mortgage document auditing co and a lot of homeowners desperately need them NOW.
    661-794-6318

    Posted by  on  05/13  at  03:21 PM
  9. Does anybody have any information on Wayne Lee, former ceo of Ameriquest/Argent and Brenda K. Simon, vp of sales for the same co. This would be in regards to orange, ca. and specifically suspicious loan activity in the northern ca. region.  Any information regarding this issue would be greatly appreciated.

    Posted by  on  11/28  at  09:34 AM
  10. **For the previous post #9, please refer to post #10.  The contact email on post 9 was a typo and will not go through.

    Does anybody have any information on Wayne Lee, former ceo of Ameriquest/Argent and Brenda K. Simon, vp of sales for the same co. This would be in regards to orange, ca. and specifically suspicious loan activity in the northern ca. region.  Any information regarding this issue would be greatly appreciated.

    Posted by  on  11/28  at  09:41 AM
  11. Hello,
    I looked into employment with a Mortgage audit company called ABS Business Solutions.  The owner is Paul Kilmer.  He is going out to clients and collecting $1295.00 to process paperwork and $2500 for a forensic audit on mortgages.  He is promising clients that they will get the 2nd eliminated, the 1st mortgage will be reduced and they will get a cash reward.  He is telling clients to stop paying the mortgage payment. He put a friend of mine in a very bad position because she thought all of this would happen.  In his paperwork he is stating that if there is a reduction he gets 3% back and if there is a cash reward he will keep 33%.  I believe he started his business in June and from what his processor told me he has not had a client get what has been promised.  He just keeps padding his wallet with excessive fees and promises.  He is stating how bad the mortgage companies are and he seems to be doing something much worse and is praying on spanish speakers.  I’m not sure what direction to go so I started with your website.
    thank you

    Posted by  on  02/11  at  12:54 PM

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mortgage fraud news



Today's News

Some Sources require Registration.

 

Erie Area Mortgage Broker Gets Prison in Fraud Case
GoErie.com - Erie, PA
Shortly before receiving a nearly three-year federal prison sentence, former mortgage office manager Francis R. Conti told the judge he never meant to defraud any of the homeowners caught up in a widespread local mortgage-fraud scheme.

Three Former Portland-Area Mortgage Brokers Face Fraud Charges
OregonLive.com - Portland, OR
Joel D. Surprenant, Michael Duc Han and Benjamin Lucian Lucescu all were charged with one count of obtaining mortgage loans through materially false and fraudulent pretenses.

Shaker Pair Pleads Guilty to Mortgage Fraud Charges
Cleveland.com - Cleveland, OH
Two Shaker Heights residents recently pleaded guilty to charges involving a mortgage scheme with seven area houses and $3 million in fraudulent loans.

Feds File Charges in Five Mortgage Fraud Cases
Chicago Breaking News - Tribune - Chicago, IL
Federal charges were filed today against 37 people and four companies in five separate mortgage fraud cases.

Feds Fighting Back
Contra Costa Times - Walnut Creek, CA
Mortgage fraud has increased so dramatically in the San Joaquin Valley that a task force of federal, state and local agencies has been formed to fight back.

Private Investigator Sees Rise in Mortgage Fraud Due to Economy
PR Web - Ferndale, WA
In the past 12 months his firm has been retained to conduct over 300 mortgage fraud investigations, a 100% increase from 2007.

Former UGA, NFL Football Player Arthur Marshall Charged With Mortgage Fraud Claims
WJBF-TV - Augusta, GA
He is also accused of defrauding three banks in obtaining loans for seven different properties in Columbia and Richmond Counties.

Cuomo Subpoenas Loan Modification Companies
New York Times - United States
“The entire industry is a scam, in my opinion,” Mr. Cuomo said Tuesday. “These are services that homeowners don’t need to pay for in the first place.”

Defendant Pleads Guilty to Wire Fraud Relating to Mortgage Fraud Scheme
Imperial Valley News - Holtville, CA
Scavitti admitted that between 2003 and August 2008 he unlawfully diverted mortgage funds that were wire transferred into his client office account to his own personal benefit, resulting in losses in excess of $2.5 million.

Fed Drug Report: Double Trouble for Metro Chicago
ABC7Chicago.com - IL
...Chicago street gang members run a network of legitimate businesses and have engineered mortgage fraud schemes, both to launder drug proceeds...

Previous Articles

TRIAL COVERAGE

Trial coverage provided by Anne Mitchell, Crazy Fish Realty.

Update - US v. F. Jeffrey Miller, et al.

Miller II: Judge Julie Robinson has ruled in favor of the defense motion granting a continuance for sentencing of the 3 convicted defendants: F. Jeffrey Miller, Steve Vanatta and Hallie Irvin. The three will now be sentenced after ruling on post trial motions set for August 10, 2009.

Vanatta has been in custody for over 2 years.  Vanetta filed a motion for his release pending sentencing. That motion was denied.

Miller remains free pending his sentencing. He has hired a new attorney who filed a motion to delay Miller's sentencing. In one post trial motion, the defense argues as to what assets are subject to seizure.

Defendant Todd Earnshaw is a Kansas City real estate Broker (and brother in law of Miller). Earnshaw has been indicted in what is commonly referred to as Miller I. A trial date for that matter has been set for January, 2010 in Topeka, Kansas.

The Government filed a motion to revoke Earnshaw's bond and remand him to custody while he awaits trial after learning that he allegedly committed the state crimes of Driving Under the Influence, Handicap Parking Violation and Failure to Control Speed to Avoid a Collision while on pretrial release. Notwithstanding finding that probable cause existed to believe that Earnshaw committed the aforementioned state crimes, Judge Robinson denied the motion, but ordered several strict conditions that Earnshaw must follow pending his trial.



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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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