Friday, June 09, 2006
Ohio Closing Agents Indicted for Assisting Down Payment Scheme
Stephanie Corsmeier and Stacey Lester were indicted in the Southern District of Ohio on 11 counts of bank, mail and wire fraud and conspiracy to launder money in connection with their participation in a down payment assistance scheme.
Corsmeier owned and operated a real estate title company, American Security Title, in Ohio, where she employed Lester as a disbursement clerk. From January 1, 2000 through December 31, 2004, according to the indictment, the defendants worked with co-conspirator loan officers, primarily Clarence Harris (who plead guilty to related charges in February 2006) and Ike Bronson (plead guilty to related charges in January 2006) and their shell companies LCI Financial and Inman Realty, to facilitate a “down payment assistance” scheme.
The coconspirators would recruit home buyers to purchase real estate, financing 100% of the sales price of the property with no money down. They would usually prepare a loan application stating that the buyer had funds available for the down payment and intended to use funds from his/her bank account to make the down payment. In fact the buyer didn’t have the funds or the intent to make the down payment.
After receiving the wired funds from the lender, Corsmeier or Lester would issue a check from the wired funds to one of the coconspirator companies, ostensibly for sums due in connection with the transaction. The conspirators would deposit these checks to their bank accounts and then immediately obtain a cashier’s check for the funds. This casher’s check would then be submitted to Corsmeier or another closing agent at American Security Title Company. The settlement statement would falsely reflect that the borrower provided the down payment when, in fact, the down payment had been provided by a coconspirator.
The scheme enabled buyers to qualify for loans they would not otherwise have been able to obtain and also enabled the buyers to obtain mortgages representing 100% of the purchase price as the property were appraised at inflated values and the loan amounts represented the actual purchase prices.
American Security Title Company received substantial fees for the services. Their profit in the scheme resulted from increased business volume.
1324 Ryland Avenue, Cincinnati, Ohio
726 Whittier Street, Cincinnati, Ohio
1216 Blanchard Avenue, Cincinnati, Ohio
316 Mohawk Place, Cincinnati, Ohio
5211 Lillian Drive, Cincinnati, Ohio
138 Kinsey Street, Cincinnati, Ohio
1610 Neilson Place, Cincinnati, Ohio
1526 Lincoln Avenue, Cincinnati, Ohio
1992 Harrison Avenue, Cincinnati, Ohio
6833 Greismer Avenue, Cincinnati, Ohio
3515 Wabash Avenue, Cincinnati, Ohio
1137 Grand Avenue, Cincinnati, Ohio
2540 Queen City Avenue, Cincinnati, Ohio
4143 Langland Street, Cincinnati, Ohio
2810 Preston Avenue, Cincinnati, Ohio
1241 Lincoln Avenue, Cincinnati, Ohio
1721 Grand Avenue, Cincinnati, Ohio
1225 Quebec Road, Cincinnati, Ohio
2270 Loth Street, Cincinnati, Ohio
5726 Argus Road, Cincinnati, Ohio
3058 Kerper Avenue, Cincinnati, Ohio
1726 Denham Street, Cincinnati, Ohio
3331 Hewitt Crescent, Cincinnati, Ohio
1647 Iliff Road, Cincinnati, Ohio
4255 Kirby Avenue, Cincinnati, Ohio
2159 Oesper Avenue, Cincinnati, Ohio
511-513 Forest Avenue, Cincinnati, Ohio
515 Hickory, Cincinnati, Ohio
3022 Gilbert Avenue, Cincinnati, Ohio
1928 Bigelow Street, Cincinnati, Ohio
3020 Gilbert Avenue, Cincinnati, Ohio
2026 Burnet Avenue, Cincinnati, Ohio
1416 Joseph Avenue, Cincinnati, Ohio
533 Rockdale Avenue, Cincinnati, Ohio
1226 Dewey Avenue, Cincinnati, Ohio
1913 Losantiville Avenue, Cincinnati, Ohio
1628 Blair Avenue, Cincinnati, Ohio
869 Hutchins Avenue, Cincinnati, Ohio
1851 Clarion Avenue, Cincinnati, Ohio
3628 Idlewild Avenue, Cincinnati, Ohio
5911 Erie Avenue, Cincinnati, Ohio
3573 Bogart Avenue, Cincinnati, Ohio
mortgage fraud
The closing agents should not have disbursed loan proceeds prior to closing. That is what burns them here and proves they knew the money didn’t come from Buyer.
Most of these scams in Georgia are designed so the fraudster (i.e. Harris in this case) would front the money out of pocket to buy the Buyer’s cashier check, so the closing agent knows nothing. The fraudster hands the check to Buyer right outside the closing, so at the table it looks like Buyer’s money . However, Harris was either too cheap to front the money, or too worried the Buyer would bolt with the cashier’s check, so Fraudster wouldn’t buy the cashier’s check until he had his fraud profits in hand. Greedy
Posted by on 06/09 at 05:46 AM
WHAT KIND OF PUNISHMENT DID THE REAL ESTATE APPRAISER GET? I have been a licensed appraiser in Ohio for 15 years. Last year I took a continuing-ed class in Columbus. My instructor was one of the 5 board members that make-up the Ohio-State Appraisal Board. Members are appointed by Governor Taft. The instructor stated “Since licensing began in 1989, the State of Ohio has issued over 3400 appraisal licenses and to date [2005] only 10 appraisers have lost there license”. This is probably why we lead the nation in foreclosures. It is becoming almost impossible to operate an appraisal business above the board in Ohio. Real Estate fraud in Ohio is like a forest fire. The State is using a garden hose to try to extinguish it.
Posted by on 06/09 at 06:03 AM
Rachel,
If the loan was 100% LTV why would a down payment be required? This doesn’t make sense to me. Please clarify.
Posted by
John Wyatt, CMB on 06/12 at 07:18 AM
The loans were not INTENDED as 100 percent LTV. They were effectively 100 percent LTV because the borrower did not make the down payment. For example - the lender approved the loan at $80K on a purchase price disclosed as $100K. The borrower was slated to make a $20K down payment. In fact, the property was only worth $80K - although an inflated appraisal reflected it as worth $100K. The down payment was taken from and then recontributed to the closing funds. In effect, the borrower purchased the property for $80K and the lender has an $80K loan against a property worth $80K and the borrower contributed no funds to the transaction. The lender has a loan that is 100 percent LTV!
Posted by on 06/12 at 07:45 AM
Getting a loan in Pennsylvania these days is much harder than it was in 2006. Back then they were giving money away.
Posted by on 08/11 at 07:09 AM
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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.
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