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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Thursday, October 29, 2009

Five Charged with Beating, Torture of Loan Modification Agents

Daniel Weston, 52, La Cañada, Califorina, and Gustavo Canez, 36, Los Angeles, California, were charged with two counts of torture, two counts of false imprisonment by violence and two counts of second-degree robbery in connection with the beating and torture of a pair of loan modification agents.

The criminal complaint alleges that in the commission of the offenses Weston and Canez personally used a handgun. The complaint further alleges that Canez was convicted in March 2000 of assault with a firearm.

Three others were arraigned and have pleaded not guilty. Mario Soloman Gonzales, 47, Glendale, Marissa Parker, 49, Sylmar, and Mary Ann Parmelee, La Cañada, were each charged with two counts of torture, two counts of false imprisonment by violence and two counts of second-degree robbery.

Gonzales additionally faces one count of possession of a deadly weapon, wood knuckles. The criminal complaint includes an allegation that in the commission of the offenses a principal was armed with a gun.

Prosecutors said Weston and Parmelee live in a house that is in foreclosure. The two allegedly sought loan modification assistance from the victims but believed that nothing was being done and wanted their money back.

The defendants, including Gonzales and Parker, purportedly set up a meeting with the victims at the location where the assault took place. Weston and Canez allegedly carried out the attack in the presence of the other defendants. The victims also were allegedly robbed of their loan paperwork and personal belongings.

Gonzales, Parker and Parmelee, a realtor, had a business relationship with the victims, prosecutors said. The three funneled loan modification referrals to the two agents.

Bail was recommended at $2.1 million for Weston and $2.8 million for Canez.

Weston and Canez are due to appear for arraignment in Department 1 of Glendale Superior Court. The defendants are charged in case No. GA078241. Gonzales, Parker and Parmelee are next due at Burbank Superior Court on Nov. 2, 2009, for a pre-preliminary hearing.

Deputy District Attorney Norma Serna of the Glendale Area Office made the announcement.

 mortgage fraud

   

Posted by Allison Tussey on 10/29/09 at 04:25 AM
Mortgage Fraud LocationsCalifornia • Total comments: (8) (0) Trackbacks
  1. Gonzales, Parker and Parmelee, a realtor, had a business relationship with the victims, prosecutors said. The three funneled loan modification referrals to the two agents.

    I think that pretty much says it all… no honor among thieves, right?

    Posted by  on  10/29  at  05:32 AM
  2. Story states Parmelee a Realtor??

    A Realtor is the designated Head Broker of a company and in good standing with the National Association of Realtors as well as the State and Local Boards. I don’t think Parmelle has that designation. At best posibly a Realtor Associate ( salesperson) But I surmise a person just had a Real Estate Licence which my dog could get in almost any state.

    The modifiers could be ligit but it is the banks and services that are really doing their level best to dismis as many applications so that the forclosures can continue at a slower pace.
    If anyone deserves a beating it is the managers in the Loss mitigation units that are participating in this ruse along withe the polititions that know exactly whats going on.

    Posted by  on  10/29  at  06:41 AM
  3. We are in a sad state!  I hope people will quit taken advantage of the consumer!  Peter Scalise

    Posted by  on  10/29  at  07:20 AM
  4. I know Dan Weston. He dated my mother and used her ssn and banking information to apply for almost $200k in fraudulent loans and lines of credit. She’s had a hell of a time repairing the damage. Weston is a career con man and with this attention, hopefully more dirt on him will come out, so that he never comes back.

    Posted by  on  10/30  at  05:09 AM
  5. My boss was also robbed by Weston, he did work for his liqour store in La Canada and never got paid for his bill of almost 900 dollars. The guy bounced a check, lied at every corner and kept promising to pay my boss for services rendered but to no avail. My boss finally filed papers with the DA for check fraud. The guy is a crook, and deserves to be locked up for a very long time. Let justice be done, lock this piece of trash up for good!

    Posted by  on  10/30  at  11:43 AM
  6. It just amazes me that this didn’t happen sooner.  Maybe it will start a trend.  So many of these modifiers are taking money from unqualified clients and promising everything.  Too bad he didn’t deliver.  I’d say the beating was lightweight compared to what could be.

    Posted by  on  11/04  at  06:03 AM
  7. The story here is completely bias. If you read through the entire police report you would know that this was justifiable. For once the evidence here is verbally spoken out from a scared man. 2 wood knuckles are for self-defence. What doesn’t count are the victims here who were just trying to sought out a resolution. Obviously being in the same office with the same people is not so pleasant. Think of GODFATHER for example. You give someone a job, you pay the person for the job, the job didnt go properly, so you seek for warranty…

    hey torture beating? are there and pictures here that shows any of the victims injuries? maybe after being released the person must have performed self inflicted injuries. be aware of this cons too. maybe they too have records of fraud. it amazes me how we humans judge everything but in the end…

    innocent until proven guilty.

    Posted by  on  11/04  at  06:12 AM
  8. Sounds to me like the fraudsters had a taste of their own medicine both ways.  Violence is not justified, but it is a lesson. 

    We don’t have enought prison room to handle everyone so it seems.. Our society is unfortunately becoming conditioned to cheat others.

    Posted by  on  11/07  at  08:39 AM

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mortgage fraud news



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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