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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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Thursday, September 20, 2007

Defendant Receives 60 Months in Prison for Mortgage Fraud

Ramzy Moumneh, a/k/a Ramsey Moumneh was sentenced to 60 months in prison, 3 years of supervised release thereafter and must pay $94,088 in restitution.  Moumneh was found guilty along with four of his co-defendants stemming from an indictment alleging a foreclosure rescue scheme.

As previously reported by Mortgage Fraud Blog, according to the evidence presented at trial and court documents the defendants targeted homeowners located throughout Central and South Florida who were about to lose their homes through foreclosure. The homeowners were told that First Hanover Mortgage Corp., a company owned and controlled by the Moumneh brothers, could help them avoid the foreclosure and keep their homes at no cost to them.

Rather than helping the homeowners, the homeowners were duped into selling their homes to straw buyers who were recruited by the defendants. This was done under the pretext that the homeowners could buy their homes back after making 12 monthly lease payments.

The defendants recruited straw buyers and then arranged for the sale of the homeowners’ homes to the straw buyers. They arranged for new mortgages that exceeded the amount of the mortgages the homeowners originally had against the properties. The defendants prepared documents and papers associated with the straw buyers’ purchase of the properties.  The loan documents contained false representations that the straw buyers intended to use the properties as their primary residences. The closings of the transactions were conducted so that the straw buyers did not have to produce any funds at closing.

Homeowners were given documents to sign, including deeds, without having a chance to read and review and without being provided copies. The defendants also forged homeowners’ signatures on documents.

Pursuant to a document entitled “Demand Pay Off Statement”, after paying off the existing mortgage loan, the excess funds remaining from the new loan were paid to Properties Management Corporation and Maxx Financial, Inc., entities owned and controlled by the Moumnehs and Chuong Dam, respectively. The Demand Pay Off Statement, according to court documents, was a sham document created by the defendants and sent to either Voiklis, Brothers, or Junge, who were the closing agents for each of the home sales. The Demand Pay Off Statement was a demand for payment of a non-existent lien against the homeowner and in favor of Properties Management Corporation or Maxx Financial, Inc.

Without the knowledge or consent of the homeowners, more than $2 million of homeowners’ equity was siphoned off and distributed to the defendants.

 mortgage fraud

   

Posted by Staff Reporter on 09/20/07 at 05:00 AM
Mortgage Fraud LocationsFlorida • Total comments: (3) (0) Trackbacks
  1. If these people got over 2 million with mortgage fraud, why do they only have to pay back 98,000? What happened to the poor people that lots their homes?

    Posted by  on  09/26  at  07:09 AM
  2. Very interesting!

    Posted by  on  10/01  at  11:31 AM
  3. THAT’S JUST IT GENIOUS...RESTITUTION WAS ONLY $94,088 B/C THAT WAS THE ONLY LOSS!! JUDGE SAID IT HIMSELF IN COURT!!

    ***READ THE TRANSCRIPTS PEOPLE***

    HE ALSO SAID THE HOMEOWNERS WERE NOT VICTIMS...REASON WHY 2 MIL WASN’T INCL IN RESTITUTION. JUDGE SAID, “THOSE HOMEOWNERS KNEW WHAT THEY WERE SIGNING AND KNEW THEY WERE SELLING THEIR HOMES. THEY WOULD’VE LOST THEM ANYWAY.”
    MANY, MANY COUNTS WERE THROWN OUT...ONE BIG BOGUS INDICTMENT!

    ...WHAT HAPPENED TO THE POOR PEOPLE THAT LOST THEIR HOMES??? ARE YOU KIDDING ME?? THEY HAD THE PERFECT OPPORTUNITY TO GET THEM BACK BUT CHOSE TO NOT PAY THEIR RENT/LEASE PAYMENT & WORK THE SYSTEM FOR AS LONG AS THEY COULD, NOT PAY AND LIVE RENT FREE...THEN, HAVE THE AUDACITY TO STAND IN OPEN COURT SAYING “I’M HERE TO SEE WHAT THE GOV’T CAN DO FOR ME. I JUST WANT MY HOUSE BACK.” BASICALLY ADMITTING THEY’RE WILLING TO LIE FOR THE GOVT, AS WAS PROVEN ON THE STAND BY 5-6 GOV’T WITNESSES. WHAT ABOUT THE GUY WHO ADMITTED...100% ADMITTED...IN OPEN COURT HE LIES WHEN HE’S NERVOUS, THAT OF COURSE WAS AFTER HE GOT CAUGHT IN A LIE...IN COURT...ON THE STAND. WHAT ABOUT THE LADY WHO BEGAN CRYING AFTER THE DEFENSE PRESENTED EVIDENCE THAT SHE DID SIGN SOMETHING SHE DENIED, THEN ADMITTED, “YES, I DID SIGN THAT. THAT IS MY SIGNATURE.” ONLY AFTER, SWEARING SHE DID NOT SIGN IT!! WTF?

    YOU PEOPLE HAVE NO CLUE WTF YOU’RE TALKING ABOUT!!

    THESE DEFENDANTS MAY HAVE MADE MISTAKES, WITHOUT INTENT, VERY IMPORTANT YOU UNDERSTAND WITHOUT INTENT, BUT THEY MOST SURELY DID NOT TAKE MILLIONS OF DOLLARS FROM POOR HOMEOWNERS.
    READ THE TRANSCRIPTS AND SEE FOR YOURSELF IN BLACK AND WHITE PEOPLE WHAT THE JUDGE SAID IN SENTENCING..."THESE HOMEOWNERS WERE NOT VICTIMS THEREFORE THERE IS NO LOSS.” PLAIN AND SIMPLE. THIS WAS A WASTED CASE...WASTED TIME & MONEY SPENT BY THE GOV’T...THEY SHOULD BE ASHAMED FOR CHASING SOMETHING THAT NEVER WAS.

    Posted by  on  03/04  at  12:58 PM

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Today's News

Some Sources require Registration.

 

Mortgage Scam Ends with Prison
The Morning Call
A judge didn't hold back when Shirley Matthews appeared before him Tuesday to be sentenced for stealing from a Monroe County man instead of helping him save his home from foreclosure, as she was hired to do.

Woman Gets Prison Time After Mortgage Scam Conviction
Pocono Record
A New Jersey woman will be spending two to five years in state prison after she was sentenced on Tuesday for promising to help homeowners avoid foreclosure and then keeping the money she was given for their mortgages.

2 Indicted in Mortgage Scam Face New Charges
Newsday.Com
Prosecutors add extra charges to two who are charged in LI mortgage fraud with county legislator, dominatrix and her husband

Untangling Mortgage Fraud in Chicago Condo Buildings
Chicago Public Radio
Why did so many units go into foreclosure all at once? In some cases, the reason can be traced to mortgage fraud.

No Contest Plea Entered in Real Estate Fraud Case
Northbay Business Journal
Juan Carlos Alcala of Windsor pleaded no contest to nineteen felony counts and admitted three special allegations for defrauding real estate investors, money laundering and elder fraud.

Bedford Woman Sentenced to a Year in Prison for Mortgage Fraud
Plain Dealer
Sharon Cox, 49, of Bedford, was sentenced today to a year in prison for mortgage fraud involving money laundering, theft and receiving stolen property from August 2008 through March.

CITIZEN JOURNALISM: Mortgage Fraud High in Area
Washington Times
According to the FBI, Virginia, Maryland and the District are among the top 10 jurisdictions experiencing mortgage fraud.

Former Vegas Resident Charged with Mortgage Fraud in Nevada
National Mortgage Professional Magazine
A former Las Vegas resident has been charged with federal conspiracy and fraud charges for his involvement in a Nevada mortgage fraud scheme involving straw buyers and falsified mortgage loan documents...

Missouri Man Sentenced for Mortgage Fraud
Belleville News Democrat
A suburban St. Louis mortgage company operator has been sentenced to more than 11 years in prison for a mortgage fraud scheme.

12-Year Prison Term in Mortgage Swindle
Washington Post
A Maryland woman who stole millions from Washington area homeowners trying to avoid foreclosure is a "vulture" whose case should serve as a warning to other con artists...

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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