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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Recent Posts

- 16 Indicted In New York Mortgage Fraud Scheme
- Mortgage Fraud Scheme Leads to Prison Term for Houston Man
- Loan Officer Sentenced to 41 Months in Prison for Mortgage Fraud
- Phoenix Mortgage Broker Who Defrauded Seniors Gets Prison Term
- Jeffrey Miller Trial Begins in Topeka, Kansas
- Man Sentenced To 22 Years For Defrauding Church, Among Others
- 2 Indicted In Major Mortgage Fraud Scheme
- Mortgage Broker Sentenced to 12 Months Home Confinement
- 2 Guilty Convictions In NY Foreclosure Rescue Scam
- Guilty Plea In Multi-Million Dollar Mortgage Fraud And Telemarketing Schemes

Wednesday, December 12, 2007

Default Resolution to Civil Complaint Against Appraiser

Jay Riccardi, Toledo, Ohio, the remaining defendant in a civil suit by Mortgage Lenders Network USA Inc., Middletown, Connecticut, failed to answer, plead or otherwise respond to the Amended Complaint. The Court therefore ordered judgment against him in the amount of $97,662.21.  The judgment compensated Mortgage Lenders Network for its incurred losses but declined to award damages for “projected losses” or punitive damages. The court did leave open the order in the event that Plaintiff obtains further documentary evidence of its projected losses.

As previously reported by Mortgage Fraud Blog, Mortgage Lenders Network, Inc. has dismissed three defendants from the civil lawsuit that it filed in 2004. 

David G. Anderson, Bowling Green, Ohio and Emilio Soli, Stow, Ohio were dismissed because, as stated in a document entitled Notice of Plaintiff’s Intent to Dismiss Defendants David G. Anderson, Emilio Soli and Adkins Appraisal Services, Inc. Without Prejudice, according to the testimony of the defendants, they were not involved in the fraud alleged in the complaint.  The dismissal was entered without prejudice, according to the Notice, in the event further discovery in the case were to reveal that such testimony was not truthful.  According to that same Notice, Adkins Appraisal Services, Inc., Sylvania, Ohio was dismissed as, according to the representations of Debra Adkins and the records of the Ohio Secretary of State, it was not an entity capable of being sued. 

Debra Atkins, Toledo, Ohio and Jay Riccardi, Oklahoma City, Oklahoma are the only remaining defendants.  The amended complaint alleges that from March to September 2000, Debra Adkins and/or Jay Riccardi conspired to provide false and fraudulent appraisals of residential properties in return for payment.  The complaint further alleges that these appraisals were submitted with loan applications and that Mortgage Lenders Network made loans in reliance on the appraisals. 

The complaint identifies 19 properties:

142 Garfield Avenue, Findlay, Ohio
409 Griffith Street, Sycamore, Ohio
5556 State Route 19, Galion, Ohio
441 West Wyandot Avenue, Upper Sandusky, Ohio
14946 Wapakoneta Road, Grand Rapids, Ohio
11266 Township Road 196, Vanlue, Ohio
2713 Chestnut Street, Toledo, Ohio
220 South Hazel Street, Upper Sandusky, Ohio
1120 North Union Street, Lima, Ohio
2120 Maplewood Avenue, Toledo, Ohio
12629 Township Road 45, Findlay, Ohio
2999 Remington Ridge Drive, Columbus, Ohio
1458 Atcheson Street, Columbus, Ohio
4843 Imperial Drive, Toledo, Ohio
1016 Elcliff Drive, Westerville, Ohio
755 Hamilton Street, Toledo, Ohio
829 Evesham Avenue, Toledo, Ohio
440 Ewing Avenue, Findlay, Ohio
3141 Pomeroy Street, Toledo, Ohio

The complaint seeks compensatory damages of at least $250,000.

   

Posted by Staff Reporter on 12/12/07 at 02:35 AM
Mortgage FraudOhio • Total comments: (1) (0) Trackbacks
  1. I wish to address a complaint.  I was contacted by telephone from First choice Mortgage located 17118 Highway HH Neosho, Mo.  64850.  I was contacted by telephone from Cary Grey 4174517618.  This person deception call is is what I am reporting aggrivated telephone harassment and assault.  I never applied for a loan with any company in Mo.  Numberous times I contacted your state agencies concerning fraud and unwelcomed calls.  Most rcently as yesterday a complaint was filed against compant LP Grant publishing company tryining to offer $25,000.00 in grant money in my coplaint filed 5 years ago I specifed I did not want to learn any matter concerning grants as I was not paying any fee and did not want to know about thier services.  Several complaints were filed on yesterday I seek that this office is clsoed and federal charges of harassment is processed.  First choice mortgage does not offer mortgage laons why did this employee call my home and why legal right did she have to provide a Attorney Morse 317 6861540.  tHIS ATTORNEY ACKNOWLEDGED HE KNEW HER.  HOWever he stated he was not the type of attorney I required.  I contacted him after learning I never applied to this company and made him aware I would be filing charges as he knew this person and she lied about her contact.  I am a fisrt time home buyer and early retiree, this party has tried effortlessly to involve me in thier mortage schem or prymid scheme, this party has violated a hippa right oa d privacy of my personal information. I plan to press federal chares for this person’s immediate arrest.  The aggrivation caused has been ingored and excessive. I STATED IN EVERY COMPLAINT FILED.  i SHOULD HAVE BEEN PROTECTED BY THE GOVERNMENT CONCERNING THIS PERSON MALIOUS AND UNETHICAL BEHAVIOR. i REQUIRE THE AUTHORITY TO HANDLE MY COMPLAINT AND PUBLICLY AND CRIMINALLY EXPOSING THESE INDIVDUALS.  i BEEN VICTIMINZED TOO LONG AS i SEEK JUSTICE

    Posted by  on  10/09  at  04:17 AM

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TRIAL COVERAGE

Trial coverage provided by Anne Mitchell, Crazy Fish Realty.

 

Wednesday, November 19, 2008

Synopsis of Day 2, Tuesday, November 18, 2008
Seating the Jury: The jury selection process was the order of business in day 2 of the USA v. Miller, et al. Court began at 1:00 p.m. The jurors had filled out a questionaire the previous day. The 56 person pool was narrowed to 42 people whose names were called by the court clerk. Of the initial 42 potential jurors, 27 are women, 15 are men. The remaining 14 sat in the observation area with me. The side of the courtroom is divided by an aisle. The Government is to the left of the aisle, along with the jury box. The defendants are on the right side of the aisle. The choice of which side to sit on can be assumed as 'support' of one side or the other. When the jury pool returned from a break, they all filled the left side of the observation area (where I sat) and almost begrudgingly filled the right side. For the better part of the afternoon, Judge Julie Robinson questioned the jurors about whether they had served on a jury before (including any civil matters against banks. Interestingly, this was the only question in which none of the potential jurors raised their hand), their prior criminal or civil history, among other things. Many of the jurors had previous jury experience. None had been forepersons on those juries. On a few occasions, Judge Robinson excused a juror due to answers given, such as financial hardship over the course of the trial from loss of income. One juror explained that he had a close relationship with Court prosecutors due to his sitting through a murder trial of his nephew. He was unsure whether he could be impartial. When the judge would excuse a juror, the clerk would then call the next name of the 14 remaining jury pool members. The 42 were then given a sheet and asked to stand and tell the Court about their education, job, marital and family status, hobbies, favorite TV shows, military history, and what clubs they belonged to. This took the longest part of the day as some of the members spoke at length. Mr. Vanatta remains in custody. He enters and leaves the courtroom with law enforcement officers. The two officers sit 3 feet away from Vanatta during the court proceedings. Mr. Vanatta clearly struggles to keep up with reviewing jury questionaires unlike the other defendants who are free pending the outcome of this trial. Hallie Irvin sits across from Mr. Vanatta. They continue to chat and exchange notes throughout the day. Samantha Harris has no conversation with her tablemate, F. Jeffrey Miller. Harris's attorney sits between the two. I am unsure whether the jurors have yet to identify Miller. He is better dressed than his lawyers and appears to be an attorney. There is a jury consultant in the court room. Aside from myself, he was the only non-jury pool member in the observation area of the courtroom. One of Miller's attorneys', Mr. Bradshaw, appears to be bothered by my presence in the courtroom. On Monday, he approached me in the courtroom. I told him I was simply there to observe the trial. On Tuesday, at one point Mr. Bradshaw 'squared his chair' towards me. Court is not in session today, Wednesday, November 19th. On Thursday, court will reconvene at 9 am. The attorneys will be allowed to ask further questions of the 42. In case of conflict, the remaining 14 are required to return to court as well. Then, the jury members will be selected. The opening statements are much anticipated. Judge Robinson says they will begin mid-morning on Thursday. -article by field reporter, Anne Mitchell, Crazy Fish Realty

More Trial Coverage

Today's News

Some Sources require Registration.

 

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.

Tech Roundup: Interthinx Tackles Conflict-of-Interest Fraud
HousingWire.com
Agoura Hills, Calif.-based Interthinx, Inc., a provider of risk mitigation and regulatory compliance tools, announced last week the addition of 21 new conflict-of-interest alerts within its FraudGUARD scoring system that identify possible collusion between loan participants.

Sex, Lies, and Subprime Mortgages
BusinessWeek
The sexual favors, whistleblower intimidation, and routine fraud behind the fiasco that has triggered the global financial crisis

More Residents Worry About Mortgage Fraud
Killeen Daily Herald - Killeen, TX
Special Agent Matthew Gravelle is an experienced fraud investigator in the Austin office of the FBI's San Antonio Division. During the last five years, mortgage fraud cases have piled up because of the collapsing mortgage market.

Anti-Mortgage Fraud Law Jams Up Realtors
Bizjournals.com - Charlotte, NC
The situation mainly affects short sales, where the asking price is lower than what the homeowner owes on the mortgage. If the homeowner is 60 days delinquent on payments, the home may be considered a “distressed property” under the state Mortgage Rescue Fraud Prevention Act that took effect July 1.

Hearing Delayed for 2 Mortgage Brokers Accused of Fraud
Las Vegas Sun - Las Vegas, NV
The preliminary hearing for two Henderson residents accused of mortgage fraud has been pushed back to March because of the defense attorney's involvement in the O.J. Simpson trial in October.

Foreclosure Fallout: Avoid Mortgage Scams, Fraudulent Schemes
KOLD-TV - Tucson, AZ
Thousands of people in Pima County are facing foreclosure...The U.S. Justice Department is cracking down on mortgage scams. So far this year, more than 400 people have been charged with fraud and other mortgage related crimes.

Task Force Will Fight Mortgage Fraud
St. Louis Post-Dispatch - MO
The U.S. attorney's office in St. Louis announced Wednesday that it was forming a task force to combat mortgage fraud. The effort is intended to "cast a broader net so that we can catch more of these criminals and put them behind bars," U.S. Attorney Catherine Hanaway said in a prepared statement.

Interthinx(R) Identifies Potential Collusion in Mortgage Applications
MarketWatch - USA
Interthinx(R) announces the addition of 21 new conflict-of-interest alerts within its proven FraudGUARD(R) scoring system that identify possible collusion between loan participants. The technology advancement will help lenders identify "non-arms length" mortgage transactions -- a serious indicator of potential mortgage fraud.

Viewpoint: Foreclosure Moratoriums, and Interpreting the Truth
Housing Wire - USA
If you read the headlines, you’d think Citigroup is putting a moratorium on most foreclosures nationwide...There’s just one problem: that’s not what Citigroup really said.

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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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