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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, March 12, 2007

South Carolina Issues Mortgage Fraud Report

Cases prosecuted in the last three years by the US Attorney’s Office in South Carolina have resulted in convictions or plea agreements of over 80 real estate industry insiders according to the latest report by the South Carolina Department of Consumer Affairs. “The State of Mortgage Fraud in South Carolina” looks at mortgage fraud conditions and trends across the state and recommends improvements to protect consumers.

According to the report, The FBI indicated South Carolina is one of the “Top Ten Hot Spots” for mortgage fraud. Additionally, the report shows that the foremost occupations for the fraudsters as finance related, including mortgage brokers, lenders and their employees. The types of fraudulent mortgage loan activity reported included falsification of the loan application, identify theft/fraud, misrepresentation of loan purpose or misuse of loan proceeds, appraisal fraud, fraudulent flipping of property and fraud involving multiple loans.

The report states that mortgage lenders and their originators are basically unregulated within the state of South Carolina. There is no oversight by the State. Additionally, first mortgages and junior liens less than 12% have little or no protections for consumers under the Consumer Protection Code. Most mortgages in today’s market are funded and in some cases originated by non-depository mortgage bankers, who in most cases are only regulated by the individual states. In South Carolina, that regulation is missing.

South Carolina has been working with national associations, American Association of Residential Mortgage Regulators (AARMR) and the Conference of State Bank Supervisors (CSBS), to develop a National Licensing System. It is intended to be a web-based licensing application system that would be used by all states and make available licensing and adjudicated actions against a licensee to all states in which a license is sought. 

The member states are also working to increase uniformity for licensing and regulation of the mortgage industry. They believe that this initiative will help lessen the burden on the industry as well.

The report states that to effectively prosecute requires a clearinghouse for all suspected mortgage fraud and a coordinated effort to investigate and prosecute the perpetrators, including local, state and national authorities. The SCDCA is working with state and national authorities, including the Attorney General of South Carolina, the FBI, the Secret Service, the IRS, the US Attorney’s Office and HUD in this effort. They have formed a mortgage fraud task force and have started sharing information. They state that they need the assistance of local and state law enforcement and solicitors in the investigation and prosecution of perpetrators. In addition, state and local law enforcement need clear authority and guidance on the crime of mortgage fraud. And finally, the SCDCA needs the law changes previously identified to assist in enforcement actions and identifying the fraudsters.

 mortgage fraud

   

Posted by Staff Reporter on 03/12/07 at 01:37 PM
News • Total comments: (2) (0) Trackbacks
  1. Guys, what we got here (go to url)is a classic example of speculative frenzy of SoCal Housing happening or rather collaboratively perpetuated in a remote area(so they think) in Littlerock, an unincorporated area of the Greater Antelope Valley, County of Los Angeles. Palmdale and Lancaster are neighboring communities just minutes away were once known as “affordable and justifiable” to ALL white collar workers to sacrifice the daily commute of approximately 120 miles to and from downtown Los Angeles, 100 miles to and from the San Fernando Valley depending on where their work is situated (notwithstanding fuel $$$)Man, whoever these crooks are unconscientiously slammed all these peoples lives from BAD to worse. Imagine what shall have happend to all these honest tax payers homes after the fact.

    Posted by  on  03/13  at  02:19 AM
  2. i checked this out and i hope to God that someone can make a difference by actually not looking away. this has got to stop. we are most concerned and thank you for the warning. we will put up our share to protect our community, our state and our country. may you be blessed to go on further whoever you are. thank you.

    Posted by  on  04/16  at  11:51 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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