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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.
Rachel Dollar PictureRachel 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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Monday, September 08, 2008

Multiple Defendants Dismissed From Atlanta Lender’s Suit Alleging Warehouse Line Fraud

Plaintiff Regions Bank d/b/a Regions Funding voluntarily dismissed without prejudice the following defendants from its complaint:

James Cergol, August 20, 2007; and

Samuel Burnett, October 1, 2007;

The court ordered dismissal of the following defendants based on a lack of personal jurisdiction:

Rick Goldie- according to the Order, “Mr. Goldie is a citizen of Ohio. According to Plaintiff Regions Bank, et al., Mr. Goldie is the trustee of Goldenrod Trust, which sold property to Mr. Groves and received money from Best Title and Mr. Groves. That money is alleged to have been wired to Mr. Groves and Best Title by Plaintiff in response to Groves Funding’s fraudulent loan applications, and then passed on to Mr. Goldie. Subsection (3) is not satisfied. Plaintiff has not alleged anything that would likely satisfy due process, much less the Georgia long-arm statute. Mr. Goldie did not do or solicit business in Georgia, or engage in any persistent course of conduct here, or derive any revenue from goods or services rendered in Georgia. Mr. Goldie is the named trustee of an Ohio trust that received money that at one time belonged to Plaintiff in Georgia. He did not reach out to Georgia, or purposely avail himself of Georgia, or, so far as the court can tell, have any connection to Georgia at all. Therefore, Plaintiff’s claims against Mr. Goldie are dismissed without prejudice for lack of personal jurisdiction.”

Susan Lynch- according to the Order, “Ms. Lynch is a citizen of Florida. Plaintiff has described Susan Lynch as the ex-wife of Timothy Lynch, owner of Pyramid II, which is a business purchased by Mr. Groves with money allegedly belonging to Plaintiff. Ms. Lynch, according to Plaintiff, may currently be a partial owner of the business. Even assuming that Ms. Lynch maintains her ownership of the business, the court still finds that it does not have personal jurisdiction over her. Ms. Lynch did not do or solicit business in Georgia, or engage in any persistent course of conduct here, or derive any revenue from goods or services rendered in Georgia. At most, Ms. Lynch was a partial owner of a Florida company that was purchased by an Ohio citizen (Mr. Groves) with money that originated in Georgia. That connection does not satisfy the requirements of constitutional due process, much less the Georgia long-arm statute. Therefore, Plaintiff’s claims against Ms. Lynch are dismissed without prejudice for lack of personal jurisdiction.”

Timothy Lynch- according to the Order, “Mr. Lynch is a citizen of Florida. He owns Pyramid II, a Florida business acquired by Mr. Groves, allegedly using Plaintiff’s money. According to Plaintiff, Mr. Lynch received Plaintiff’s money, by way of Mr. Groves, to cover the purchase price of his company, and then later lent Mr. Groves money that Mr. Groves subsequently returned to Plaintiff by way of Best Title. Subsection (3) is not satisfied, because he did not do or solicit business in Georgia, or engage in any persistent course of conduct here, or derive any revenue from goods or services rendered in Georgia. The court cannot find any contact that Mr. Lynch might have had with Georgia. Therefore, Plaintiff’s claims against Mr. Lynch are dismissed without prejudice for lack of personal jurisdiction.”

Pyramid II and Pyramid America- according to the Order, “Pyramid II and Pyramid America are Florida entities. Plaintiff has not alleged any reason that this court has jurisdiction over either company, aside from its description of Mr. Lynch’s and Ms. Lynch’s involvement in this alleged conspiracy. Therefore, for the same reasons as pertain to this court’s lack of jurisdiction over Mr. Lynch, Plaintiff’s claims against Pyramid II and Pyramid America are dismissed without prejudice for lack of personal jurisdiction.”

Jackie Tucker- according to the Order, “Plaintiff has conceded that this court does not have jurisdiction over Ms. Tucker. Therefore, as noted during the hearing, Plaintiff’s claims against Ms. Tucker are dismissed without prejudice for lack of personal jurisdiction.”

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Posted by Staff Reporter on 09/08/08 at 06:54 AM
Mortgage Fraud Locations • Total comments: (1) (0) Trackbacks
  1. Dear Mrs. Dollar

    Regions Bank committed Fraud black mail, false staments, my home in a great market was worth 320k they said it was worth 560k… there is a lot more to this story, but I will love to sue them under the Qui Tam law all the mortgages were FDCI so they commited insurance fraud?

    Dean Rivett

    Posted by  on  01/10  at  06:17 PM

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Today's News

Some Sources require Registration.

 

Marco Island Man Arrested in Ohio on Grand Theft Charge
Naples News
A man who claimed he was a broker is accused of bilking a long-time family friend out of more than $130,000.

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.

Previous Articles

TRIAL COVERAGE

Trial coverage provided by Anne Mitchell, Crazy Fish Realty.

Follow Anne on Twitter.

Thursday, February 18, 2010

F. Jeffrey Miller Trial - 1 Convicted, 3 Acquitted

The jury deliberated for approximately 3 days after receiving their jury instructions. They asked one question:

Does ‘common sense' allow us to deduce what the banks may or may not been influenced by in order to make a loan?

Judge Julie Robinson responded by admonishing the jurors to read all of the instructions.

The jury presented its' verdict...

Read More...

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...

Read More...

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...

Read More...

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...

Read More...

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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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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