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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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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.”

 mortgage fraud

   

Posted by Staff Reporter on 09/08/08 at 06:54 AM
Mortgage Fraud • 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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mortgage fraud news



Today's News

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

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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