Thursday, February 07, 2008
NC Attorney Charged With Mortgage Fraud
Neil O’Rourke, 40, Apex, North Carolina was charged in a federal bill of information filed in U.S. District Court in Charlotte, North Carolina with one count alleging conspiracy to commit violations of federal law including making a false statement and application in relation to a loan, mail fraud, wire fraud, bank fraud and securities fraud. O’Rourke has agreed to plead guilty to the charge pursuant to a plea agreement with the government. A date has not yet been set for O’Rourke‘s sentencing.
The charge against O’Rourke arises out of a conspiracy in which he participated and which took place from in or about 2002 through about May 2007 involving the purported “Village of Penland” project. The bill of information filed against Neil O’Rourke alleges that Peerless Real Estate Services was the lead entity among a network of numerous entities operating primarily in the western portion of North Carolina.
According to the bill of information O’Rourke joined the conspiracy in 2004 and, at various times, O’Rourke held the titles of President and Vice-President of Peerless. The bill of information lists numerous activities which were part of the conspiracy that constitute both investment fraud and mortgage fraud. The bill of information charges among other things, that the investment fraud scheme was carried out in “Ponzi” scheme fashion, where new investor funds in “Village of Penland” were diverted to make mortgage payments for other investors.
The bill of information charging Neil O’Rourke also alleges that the Peerless conspirators caused investors in the “Village of Penland” to obtain fraudulent mortgage loan proceeds to invest by making false and fraudulent representations in and omitting material facts from the loan packages and HUD-1 Settlement Statements associated with the mortgage loans.
mortgage fraud
I suppose that desperation makes them not ratify whose doing the mortgages for them
Posted by on 02/09 at 02:01 AM
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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
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Mortgage Fraud Increases
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The number of frauds involving professional advisors, such as accountants and lawyers, has increased from two to four since March 2008.
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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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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 
