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Mortgage Fraud Blog is the premier website for news and information on mortgage fraud and real estate fraud throughout the United States.
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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
Mortgage Fraud Blog is co-sponsored by Interthinx the leading provider of fraud services and solutions for the mortgage industry.
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Tuesday, January 22, 2008
Loan Originator Pleads Guilty To Mortgage Fraud Scheme
Marlene Dinnall, a/k/a Marlene Henry, Marlene Angela Hall, and Marlene Morris, 48, Miramar, Florida, pled guilty to a 15-count Indictment charging her with conspiracy, mail and wire fraud, bank fraud, and numerous counts of identification document fraud. Sentencing is scheduled for May 2, 2008. According to the court documents, Dinnall was a mortgage loan originator with an office in Miami, Florida, who engaged in a scheme to enrich herself by obtaining mortgages from lenders using straw purchasers and through the submission of fraudulent documentation, including false loan applications, false employment verification forms, false salary statements, false IRS W-2s, and false bank account statements reflecting high account balances. Dinnall also used and caused others to use stolen social security numbers as their personal identification at closings, and participated in the sale of fraudulent identification documents and social security numbers and cards. She also provided false financial documents to an individual, who intended to use the documents to obtain an $800,000 line of credit from a federally insured financial institution.
mortgage fraud
That’s an amazing story. With all the small acts of fraud that happened on a daily basis during the real estate boom, it’s amazing that loan originators would even feel the need to resort to this level of fraud. I knew of one insurance agent who did these kinds of acts, but only on a small scale, and even then there were nothing but bad repercussions from this type of business practice.
Posted by on 01/23 at 03:30 PM
I saw a add in my local newspaper for a 1st deed of trust with a 12% return loan amount, $32,000. My mother and I do “hard money” loans.The real estate broker was licenced, etc...He said this was alittle “different” than the loans I was used to. He saved a guy in foreclosure, etc… He created a “trust” with his own personal attorney as one of the trustees.My mom got $320a mo@12%, the term of the loan 3yrs. When the payments stopped,(approx) 1 year later, he made all kinds of promises to her saying she would NOT loose any money,etc...Next she got a notice he was in default, then filed bankrupcy.When I looked at her documents, It was a 3rd deed of trust, not a 1st!!!!We went to a attorney, he could not figure out the documents either. Said it could be elder abuse, and go to social services, tell them and it would fall under a crimanal act.How do we know what is going on? Haven’t heard from the broker , my mom is out 32,000.Help!
Posted by on 01/27 at 02:36 PM
Jeniffer Wertz contacted me. I’d written a column that mentioned her suit. In the process of getting back to her, I stumbled on your site. I’ll send you the article free if you send me your email address.
You can read it on my website. It’s
#22, as I recall. On appraisals.
Best,
Curtis Seltzer
Posted by on 02/22 at 10:50 AM
I knew this lady, she did my taxes long time ago. I actullay worked with here at this brokers office in coral springs and she always was doing something that the owner didn’t like. She even asked me one time for my password to pull creditand i told her hell no. I see what she was doing!
Posted by on 02/28 at 08:29 AM
If only the loan originators who were deliberately perpetrating fraud were being swept up in the Justice Department’s crusade that would be fine. If indeed this woman recruited people to pretend to be borrowers, then she deserves to be punished.
But the crusade isn’t always fastidious about prosecuting only those who were purposely breaking the law.
Some mortgage brokers have been imprisoned for doing little more than following instructions from “victim” lenders’ loan officers. One broker, for example, was convicted of fraud for omitting source of down payment on no-asset loan apps....just as he was instructed to do by the lender’s loan officer. The officer told the broker only credit scores and debt ratios mattered and other superfluous data might unnecessarily raise red flags in the lender’s computer system.
In the same year the broker was convicted, it was reported that the victim lender in his case, ABN Amro, paid a token fine after admitting its employees “forged” underwriters’ signatures on thousands of loan docs in at least four states. Neither the lender nor its forgers was criminally prosecuted. And the lender was absolved in the settlement of any similar activities that might have occurred in the other 46 states.
In the investigation of the broker’s alleged fraud, it was documents showed ABN Amro had routinely upgraded his no-asset loan apps to higher yielding loans, apparently to make them more marketable in the securitization process.
In another case, a broker was convicted for “inflated appraisals” in transactions when he’d never had any contact with appraisers in the suspect deals. Also, the broker had been closely advised by a property attorney in every loan he submitted, a circumstance that once signaled lack of criminal intent. Yet the feds merely threatened to ratchet up the number of “counts” he’d be charged with if he didn’t sign a plea agreement.
It appears federal agents sometimes work backward from the notion there’s a bad guy behind every foreclosure. But sometimes the bad guys end up being ordinary business people who at worst were working gray areas or, as in the case mentioned above, following unreliable advice from their attorneys.
Lots of potential villains in the mortgage lending crisis have emerged in recent months...Alan Greenspan and the fed, Bush Administration “ownership society” policies, new-home builders internally inflating the sale price of homes, lenders shirking underwriting procedures and packaging risky loans to sell to Wall Street, realtors nudging buyers to buy more home than they could realistically afford etc. etc. Yet the government hammer has only come down on loan originators. Why is that?
Be leary of incendiary boilerplate language in fraud indictments. Much of it boils down to i’s that weren’t dotted and t’s not crossed. Much of what’s occurred in the mortgage fraud crusade is giving the American concept of fairness and justice a big, ugly black eye.
Posted by on 04/10 at 11:13 AM
read this
Posted by on 01/16 at 08:15 AM
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Some Sources require Registration.
Mortgage Fraud Risk Index Jumps 11 Percent, According to Verisk Analytics Subsidiary Interthinx
CNNMoney.com
The report...indicates that the overall Interthinx Mortgage Fraud Risk Index surged more than 11 percent from the previous quarter...
Mortgage Fraud Case Appears Headed to Jury in Jackson County Circuit Court
The Jackson Citizen Patriot - MLive.com
The prosecution and defense rested Thursday in the mortgage fraud cases against Teresa Marie WIlson and Angelo Surveo Williams.
Wyoming Woman Charged with Mortgage Fraud After Allegedly Stealing Sister's Identity
MLive.com
A Wyoming woman is facing felony charges accusing her of stealing her sister's identity to obtain a mortgage...then defaulting on that mortgage, leaving taxpayers on the hook.
U.S. Attorney Targets White-Collar Crime
Wall Street Journal
In San Francisco, Mr. Russoniello said he is trying to crack down on cases like mortgage fraud, though he doesn't have the budget to hire additional white-collar prosecutors.
Arrests Made in Orlando Mortgage Fraud Roundup
MyFoxOrlando.com
During the real estate boom two years ago, some units were going for a half million dollars. Now some are short selling for just 50 grand.
10 Accused of Mortgage Fraud at PR Coastal Resort
Forbes
A developer and nine other people, including a former salsa singer, have been charged in an alleged $14 million mortgage fraud in Puerto Rico...
Strodtman Jury Selected in Mortgage Fraud Trial
Greeley Tribune
Attorneys will deliver opening statements this morning in the trial of Mark Strodtman, who is accused of bilking homeowners in a mortgage scheme years ago.
FHA Digging Out After Loans Sour
Wall Street Journal
Most banks rejected Ms. DeForte because her debt level was too high and her credit score too low. But Lend America put Ms. DeForte into a $402,000 loan backed by the Federal Housing Administration...
Mortgage Fraud Probe Nets 105 Across State
Bradenton Herald
At least one local man is among 105 people arrested across the state following a nine-month investigation into organized mortgage fraud.
Mortgage Fraud Increases
MortgageRates.co.nz
The number of frauds involving professional advisors, such as accountants and lawyers, has increased from two to four since March 2008.
Previous Articles
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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.
More Trial Coverage
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