Mortgage Fraud Blog is the premier website for news and information on mortgage fraud and real estate fraud throughout the United States.
Rachel 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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Five Guilty Verdicts in South Florida Foreclosure Rescue Scheme
Ramzy Moumneh, a/k/a Ramsey Moumneh, Kamal Moumneh, a/k/a Kamal Renno, Chuong X. Dam, Demetrios J. Voiklis, a/k/a James Voiklis, and Kimberly Brothers were all found guilty of multiple counts stemming from an indictment alleging a foreclosure rescue scheme.
The jury found the five defendants guilty as follows:
- Conspiracy to commit mail fraud, wire fraud, bank fraud and making a false statement to a federally insured lender
- Wire fraud (6 Counts)
- Mail fraud (8 Counts)
- Bank fraud (12 Counts)
- False statements to a federally insured lender (12 Counts)
Kamal Moumneh, a/k/a Kamal Renno, 38, Tampa, Florida
- Conspiracy to commit mail fraud, wire fraud, bank fraud and making a false statement to a federally insured lender.
- Wire fraud (6 Counts)
- Mail fraud (8 Counts)
- Bank fraud (12 Counts)
- False statements to a federally insured lender (12 Counts)
Chuong X. Dam, 33, Tampa, Florida
- Conspiracy to commit mail fraud, wire fraud, bank fraud and making a false statement to a federally insured lender.
- Wire fraud (6 Counts)
- Mail fraud (8 Counts)
- Bank fraud (10 Counts)
- False statements to a federally insured lender (10 Counts)
Demetrios J. Voiklis, a/k/a James Voiklis, 32, Tampa, Florida
- Conspiracy to commit mail fraud, wire fraud, bank fraud and making a false statement to a federally insured lender.
- Wire fraud (3 Counts)
- Mail fraud (3 Counts)
- Bank fraud (1 Count)
- False statements to a federally insured lender (1 Count)
Kimberly Brothers, 28, Riverview, Florida
- Conspiracy to commit mail fraud, wire fraud, bank fraud and making a false statement to a federally insured lender.
- Wire fraud (2 Counts)
- Mail fraud (1 Count)
- Bank fraud (1 Count)
- False statements to a federally insured lender (1 Count)
Amy Hudd, a/k/a Amy Paukner, Spring Hill, Florida, who was also charged in the Indictment fell ill during the trial. Due to her illness, her trial was severed from the others. Hudd will be tried separately at a future date yet to be determined.
A seventh person, Lucretia Junge, 31, Land O’ Lakes, Florida, pled guilty to conspiracy to commit bank fraud, requiring her to testify for the government at the trial.
According to 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.
The conspiracy, mail fraud, and wire fraud counts each carry a maximum penalty of five years’ imprisonment and a fine of $250,000. The bank fraud counts and the counts charging a false statement in connection with a loan application each have a maximum penalty of 30 years’ imprisonment and a fine of $1-million. A sentencing date has not been scheduled.
What makes this crime really bad is the victim the home owner in this case loses they lost there house or will have to pay the mortgages. All they were looking for is a little help but the thirst for money is to strong for the fraudsters. What really happens to the vicims of these cases?
Posted by on 04/01 at 05:31 AM
I have lost my home to the same type of fraud I know of 5 other homeowners who where having the same proplems that I was are homes were in forclosure we were approched by a company that told us we we get a cash settlement (never happen) we would be able to buy are homes back after a year, I was contacted yesterday and told I would have to move (it has only been 5 months since the closing on my house). All of the equity is gone from the home. I don’t have the money or the knowlege to get my house back. Is there someone that can help me and these 5 other people
Posted by on 04/04 at 04:11 AM
Karma is a bitc* huh? They get what the deserve. People that steal from those in the neediest times of their life should be locked up for good. Mounehs are the lowest of life forms on this planet. Geoject and homeleasebuy will be out the door soon. Don’t bend over for the soap boys =)
Posted by on 05/02 at 09:24 AM
Are you people serious..Let’s think about this most people take mortgages they cannot afford and then run to companies to be bailed out...Your integrity is already in question because your cheated the bank out of their money by not making your payments..Why should you not be held accountable for not making your payments. What is the penalty for the homeowner for de-frauding the bank by forcing them to foreclose..You are the reason the market is the way it is homeowner’s default before the arm rate even adjusts. Now your given the opportunity to make your payments on time and get your house back...Of course your going to have a penalty...Their are many companies that do this everyday they come in and bail you out of foreclosure and you sign your deed over and then you default again and they get the equity in your home..How about the homeowner’s be held accountable for not making their payments on time twice..This is still going on all over Florida..
Most people were going to lose their house in the first place without this help. That means you would lose your equity because the bank would foreclose and sell it for little or nothing which is what is happening now. Then you owe the defaulted amount the bank could not collect from the sale. They will do whatever it takes to collect that amount..
This is what is wrong with America people do not want to be held accountable for their actions. I make my payment on time therefore I do not lose my home!!!!!!! Use a little commen sense before entering in to agreements with anyone, better yet make your payment on time and you wouldn’t be in this position...And to those people who by chance have a good excuse for defaulting (medical)if you call your bank they more times than not will work something out with you to keep from foreclosing because they do not want to have to sell your home and loose money especially in this market…
Posted by on 05/05 at 04:31 PM
Any word on how many of these defendants are in the US illegally?
Posted by on 05/08 at 04:19 PM
This is a big score for the government. They were able to obtain a verdict of guilty based upon the testimony of homeowners, when all of the witnesses that alleged they had been defrauded were caught perjuring themselves. All of the written effidence indicated that each homeowner willfulling and knowingly entered into a binding contract and knew the consequenses of their actions.
Was the deal bad for the homeowners, likely. Was there fraud, not that I saw.
Posted by on 05/18 at 11:06 AM
It seems the United States is incapable of telling the truth. These people were in a legitimate business, the homes they purchased were homes that the owners were losing no matter what. The truth is that due to the interest of insurance companies who held a grudge against these defendents they have been robbed of their home, business and freedom. But it is very typical of your bullshit land of justice.
Posted by on 07/08 at 09:00 AM
What took place in that court room was american injustice at its best. I followed this case and initially I thought they had problems but then the gov brought in thier witnesses and oh my god, one after the other gets caught lying or in legal terms prejury ... it was facinating because it was so obvious and it appeared they were couched. 9 Witnesses don’t walk in to federal courtroom and feel so free to lie. It was an open lie bar at the Olive Garden. I counted 5 times the judge commenting on the credibility or lack thereof the gov witnesses ... what is that! Dear god this is in a federal court in front of one of the best judges in the country, HOW???? Transcripts don’t lie, incompetent and care-free jurors do. and oh yah, its was funny, i saw 3 jurors sleeping one day and 2 others on another. Yah i guess they got the facts alright. I think they should have had a mistrial just for that but I’m not a lawyer… It you’re guilty so now prove you’re innoccent not the other way, is this our justice system. I only know one the defendents but without a shadow of my doubt these folks basically screwed up on one thing but all else was litgit, not hardly intent to defraud anybody. They must of pissed off somebody for this to have become what it is, its got to be that. Too bad cause they wrenched many lives including my friend’s and its on to the next case. Total distruction with a smile. Horrible display of injustice.
Failed Mortgage Firm Trustee Allowed $50,000 in Fees Union Leader
U.S. Bankruptcy Court Judge J. Michael Deasy will approve $50,000 in legal fees for the trustee of failed mortgage brokerage businesses Financial Resources Mortgage Inc. and CL&M Inc.
Bend Oregon Event to Help Homeowners Prevent Foreclosures Oregon.Gov
As part of an ongoing effort to help homeowners avoid foreclosure, state agencies are organizing a foreclosure-prevention event in Bend on Saturday, March 27, 2010.
Shelbyville Man Gets 2-Year Sentence For Loan Fraud Chattanoogan.Com
Prosecutor Gary Humble said the lost was approximately $2.3 million in the mortgage fraud involving hundreds of homes in the Shelbyville area.
Lend America, VP Ashley Banned from FHA Housing Wire
Michael Ashley, the embattled former vice president of Federal Housing Administration (FHA)-backed mortgage originator Lend America, and the company he worked for, were permanently banned from doing business in the industry last week.
Countrywide Tries to Pin Blame on Insurer Court House News
Countrywide Home Loans demands $111 million from Triad Guaranty Insurance, claiming Triad is trying to blame mortgage lenders for the insurer's role in the housing bubble and collapse.
Investors Say They Were Swindled in Property Scheme Fox 13 Now
Utah Division of Consumer Protection is joining forces with a few investors who claim they have been cheated by an agency called "Utah Mini Ranches.
Greenfield Man Accused of Housing Scam The Republic
A former real estate agent conned at least eight people by renting them properties actually owned by a federal agency and then running off with their deposits, prosecutors said.
Appraisal Institute Opposes Obama Administration's Plan for Homeowner 'Short Sales' PR News Wire
Citing concerns about increased mortgage fraud, four organizations representing more than 35,000 real estate appraisers today voiced their opposition to changes to an Obama administration program that will encourage "short sales" of homes.
Ownership Rights to Get Another Look TBO.Com
State lawmakers may beef up protections of property owners' rights by rewriting a law this spring that is at the center of a case of alleged fraud in Pasco County.
Thursday, February 18, 2010 F. Jeffrey Miller Trial Continued Testimony
As reported by Anne Mitchell, who viewed the trial:
Angela Parenza worked for Jeff Miller as the office manager for 7 or 8 years beginning in 1998. Parenza was indicted along with Miller and pled guilty to conspiracy to commit bank fraud and money laundering. Parenza testified that Miller or his contractors allegedly preferred to build all the...
Wednesday, February 10, 2010 F. Jeffrey Miller Trial Coverage Continued - Witness Testimony
Steve Middleton Testimony - Coverage Provided by Anne Mitchell
The Government continued in its cross examination of Steve Middleton. He was shown several HUD-1 statements involving sales of homes located in Overland Park, KS, and Olathe, KS. The HUD statements each allegedly showed line items of payments to (James) Moser & Associates, LLC's...
Monday, February 01, 2010 F. Jeffrey Miller Trial Coverage - Continued Witness Examination
According to Anne Mitchell, who is present in court for the trial:
Next Witness: Kelly Sanford
Kelly Sanford of the Federal Reserve was a short witness for the Government. Sanford manages electronic payments between banks and member financial institutions. He was shown copies of wire transfers and asked whether they coincided with the counts in...
Wednesday, January 27, 2010 F. Jeffrey Miller Trial - Prosecution Witnesses Continued
According to Anne Mitchell, who is viewing the trial:
January 13, 2010
Witness: Rick Hayes
Rick Hayes testified that on the day that he closed on his Miller Enterprise home, he received a phone call from the Kansas Banking Commission informing him that his loan was fraudulent. After the Hayes responded to a classified ad, they met with John...
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