Mortgage Fraud Blog is the premier website for news and information on mortgage fraud and real estate fraud throughout the United States.
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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Thursday, February 14, 2008

Rachel Dollar CMB Testifies on Mortgage Fraud

Rachel Dollar, CMB, a partner in the law firm Smith Dollar PC in Santa Rosa, California testified on February 13, 2008, before the U.S. Senate Special Committee on Aging at a hearing titled, “Foreclosure Aftermath: Preying on Senior Homeowners.” Ms. Dollar is one of the nation’s foremost experts on mortgage fraud schemes and has been named one of the country’s “100 Most Influential Real Estate Leaders” by Inman News. 

In her testimony before the committee, Ms. Dollar made the following comments:

It is important to protect homeowners, especially the elderly, from scams that can result in the loss of people’s primary financial asset, their home.  The impact of fraud, scams and deceptive practices on the elderly can be both psychologically and financially devastating.

The current increase in foreclosures around the country heightens the concern that borrowers may be lured by bogus offers of help, particularly in the case of older homeowners, who may be targeted by fraudsters.

To protect a borrower from becoming a victim of a foreclosure rescue or bailout scheme, MBA recommends consumers keep the following six points in mind:

* If it sounds too good to be true, it probably is;

* Beware of offers to “save” homeowners from default or foreclosure;

* If you’re having trouble, contact your mortgage servicer or call (888) 995-HOPE;

* Make every effort to understand the papers and forms being presented;

* Never sign any loan documents that contain blanks; and

* Make sure the servicer is fully aware of, and approves any transfer of title to the property. 

The best assistance Senators can offer to stop foreclosure rescue scams is to educate constituents who find themselves in financial difficulty to call their loan servicer or the HOPE hotline at (888) 995-HOPE. 

Although there are no precise statistics available on the extent or cost of mortgage fraud, the Department of Treasury’s Financial Crimes Enforcement Network reported that Suspicious Activity Reports or “SARs” related to mortgage fraud increased almost 400 percent from 2003 to 2006.  The FBI has also seen its mortgage fraud casework increase over 235 percent and estimates financial losses to the mortgage industry for 2006 between $946 million and $4.2 billion.

MBA is proactively working with law enforcement in an effort to curb mortgage fraud crimes. On March 8, 2007, MBA signed a memorandum of agreement with the FBI to promote the FBI’s Mortgage Fraud Warning Notice. The Notice states that it is illegal to make any false statements regarding income, assets, debt or matters of identification, or to willfully inflate property value to influence the action of a financial institution.

MBA continues to advocate for increasing the investigation and prosecution of mortgage fraud by law enforcement agencies, improving the communication between mortgage lenders and state and federal agencies.

To that end, MBA requests Congress appropriate $6.25 million per year, over a five-year period, of dedicated funding for the FBI’s efforts in tracking down and prosecuting mortgage fraud. The funding would provide for new FBI field investigators; additional prosecutors dedicated to mortgage fraud; and support for the operations of FBI Interagency Task Forces.”

Please view Ms. Dollar’s full written testimony

 mortgage fraud

   

Posted by Staff Reporter on 02/14/08 at 06:34 AM
Mortgage Fraud • Total comments: (3) (0) Trackbacks
  1. Where ever there are victims or elderly there will be people scaming them.  You gave alot of great advice but I don’t hear this in the media can you get this on the wire service to have media update americans and yes hold them accountable when caught.

    Posted by  on  02/14  at  09:31 AM
  2. thanks for your knowledge in the mortgage industry.

    Posted by  on  02/14  at  06:26 PM
  3. THANK YOU FOR TESTIFING.NOW LETS HOPE THAT THE SENATE TAKES ACTION.

    Posted by  on  02/17  at  01:36 PM

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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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