Rachel Dollar is an attorney and Certified Mortgage Banker who handles fraud recovery litigation for lenders and secondary market investors nationwide. She is a nationally recognized speaker on the topic of mortgage fraud. Ms. Dollar is licensed to practice law in California and maintains offices in Santa Rosa, California. Email Ms. Dollar
Mortgage Fraud Blog is co-sponsored by Interthinx the leading provider of fraud services and solutions for the mortgage industry.
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Friday, August 31, 2007
Texan Pleads Guilty to Defrauding Mortgage Lenders
Firooz Deljavan, 56, former owner and operator of Austin Realtors Network, Inc., faces five years in federal prison after pleading guilty to participating in a fraud and money laundering scheme that defrauded federally insured financial institutions and mortgage lenders of more than $15 million. Appearing before U.S. Magistrate Judge Andrew Austin, Deljavan pleaded guilty to one count of conspiracy to commit mail, wire and bank fraud and one count of conspiracy to commit money laundering. From March 27, 2001 to January 23, 2004, Deljavan and others instituted a real estate flip-for-profit scheme where various properties in Central Texas were bought at or near market value, then sold thereafter to normally unqualified buyers at an artificially inflated price. By doing so, Deljavan and others collected large sums of cash while fraudulently inducing lenders into funding the real estate loans based upon materially false statements, representations and promises provided by the defendants. Deljavan and others knowingly placed the lenders at risk of financial loss for funding unqualified or untruthful borrowers, thus jeopardizing the lender’s financial investment in an overvalued real estate asset. Prior to May 2004, Deljavan and his wife, Rosemary Rios, fled the United States to avoid prosecution. Deljavan and Rios were arrested in Turkey on November 17, 2004, where they remained incarcerated until they were extradited to the United States late last year. Rios, 52, who faces up to two years in federal prison after pleading guilty in July to one count of making false statements to obtain a real estate loan, is scheduled for sentencing at 9:00am on September 26, 2007 before United States District Judge Lee Yeakel. Sentencing for Deljavan has yet to be scheduled. 19 other individuals have been convicted and sentenced for their roles in this scheme. Two remain fugitives. This case is the result of an investigation by the Federal Bureau of Investigation, Internal Revenue Service - Criminal Investigations, U.S. Postal Inspectors and the Department of Treasury Inspector General for Tax Administration. Assistant United States Attorney Gerald C. Carruth is prosecuting the case for the government.
mortgage fraud
I totally agree that the condo market in big cities like Miami is in for atleast a few years of mayhem. What really gets my goat, though is real estate investment scams like Foreclosuresdaily.com that charge thousands and promise people can make millions from their homes part time without ever having to look at or see the properrties or without any experience. Here is a great article on this scam and full of great tips and links of where to go to get your money back if you get taken. It is a absolute must read for anyone in real estate investing!:
M. Wlak
Posted by on 08/31 at 06:37 PM
Great article as well asinformative too.this article provides very important information on Real Estate.
Posted by on 09/03 at 12:25 AM
One can only wonder how proficiently money laundering is used in these mortgage and real estate scams. When you consider all elements, $15 million is chump change, when compared to drug runners, high corporate theft, and terrorist dollar volume.
I suppose the lower levels, though, logically, would make it easier to wash the funds.
Posted by on 09/03 at 11:56 AM
AND HOUSTON TX. FBI AND D.A."S OFICE TAKE NO ACTION ON INFORMATION PROVIDED BY A CITIZEN ABOUT A FLIP SCAM AND FALSE APPRAISALS THAT HAVE DESTROYED A T/H SUBDIVISION.
Posted by on 09/05 at 03:39 AM
Could anyone tell me who to lodge a complaint with, with regards to Mortgage Companies / Banks???
We, in my family are in a relationship with Wells Fargo Bank and due to that,got mortgages with their mortgage division. In the news, it would lead one to believe that Congress wants mortgage lenders to
co-operate with borrowers and not incite more foreclosures.
Wells Fargo will not stay out of the tax and insurance business, neither which they can get straight or do in an honest reasonable fashion. They turn down and refuse to accept a one month payment if a borrower is one day past thirty days!! How in the Hell can a blue collar worker come up with two payments when he is having trouble getting one together???
I could go on for hours!! They act worse than Household Finance did before they got slapped back in the nineties!!
I am willing and able to make an intelligent complaint about their ethics, over apprasing, collection tactics etc etc and I simply need direction and the name of a governing entity.
Nancy Bidwell
Aquilla Texas
Posted by on 09/09 at 03:48 AM
I wonder if anyone has had the same problem I had when I tried to sell my house last year.
I made the sale, moved into a condo and signed a lease for a year. Closing had a discrepence in the Mortgage. A second mortgage by a different company was to be paid off at the closing approx. 18k. But when the title company did a search on the mortgage the company that held the second mortgage had filed several additional mortgages on my house without my knowledge, the selling price was 210K but the total mortgages by the second mortgage company was nearly a million dollars. It took several months to get the company to remove the the fradulant mortgages from the records. The sale failed, the Title company would not insure the property. I had to do a Chap 13 in order to forstall a foreclosure and move back to the house. It cost me several thousand dollars my credit rating and now cannot sell the house with a title insurance gurantee.......Help....What do you do in a situation like this.....?
Posted by on 06/12 at 03:02 PM
Can anybody point me in the right direction on who to lodge a complaint with re Countrywide Home Loans approving several bad loans in a fraudulent case pending in Atlanta. According to FBI, current listings range between $2,000 and $28,000. Inflated loans were between $135,000 and $155,000.
Posted by on 07/14 at 09:34 AM
A California mortgage defrauded me of $3450. They told me that they could turn my 2 mortgages into one mortgage. That was over 2 months ago. Instead of returning my money they are restructuring my loan. I TOLD THEM no way. They against my wishes proceeded. IN FACT they had some success. And they even bragged aboutit They even knew that my loan was sold. I demanded my money and they think they can keep my money for doing nothing. I put a request with my bank about what they have done to me!
i KNOW THAT THEY have contacted them. The boss man said to me “ I am keeping that money” The company is B M P Company
located in California.
My bank is Wachovia. Can they keep my money legally?
If you can help I would be grateful.Then they offered kme 10% back.They have no right to do this to me.
Posted by on 11/03 at 10:50 AM
Dear Ms. Dollar. I live in Detroit, Michigan. I contacted Second Chance Financial about helping me to get my mortgage lower. They charged me $1500.00. The problem is they said they were presenting a package to Acorn, a free non profit organization that does it free. Acorn, has only heard that Second Chance Financial was a scam. Acorn is working on my mortgage presenting it to Chase Manhattan, and Second Chance Financial does not contact me period. They kept my $1500.00, and has not taken care of anything for me. How can I get my money back, or who can help me.
Shirley Gates
Posted by on 01/23 at 07:26 PM
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Some Sources require Registration.
Erie Area Mortgage Broker Gets Prison in Fraud Case
GoErie.com - Erie, PA
Shortly before receiving a nearly three-year federal prison sentence, former mortgage office manager Francis R. Conti told the judge he never meant to defraud any of the homeowners caught up in a widespread local mortgage-fraud scheme.
Three Former Portland-Area Mortgage Brokers Face Fraud Charges
OregonLive.com - Portland, OR
Joel D. Surprenant, Michael Duc Han and Benjamin Lucian Lucescu all were charged with one count of obtaining mortgage loans through materially false and fraudulent pretenses.
Shaker Pair Pleads Guilty to Mortgage Fraud Charges
Cleveland.com - Cleveland, OH
Two Shaker Heights residents recently pleaded guilty to charges involving a mortgage scheme with seven area houses and $3 million in fraudulent loans.
Feds File Charges in Five Mortgage Fraud Cases
Chicago Breaking News - Tribune - Chicago, IL
Federal charges were filed today against 37 people and four companies in five separate mortgage fraud cases.
Feds Fighting Back
Contra Costa Times - Walnut Creek, CA
Mortgage fraud has increased so dramatically in the San Joaquin Valley that a task force of federal, state and local agencies has been formed to fight back.
Private Investigator Sees Rise in Mortgage Fraud Due to Economy
PR Web - Ferndale, WA
In the past 12 months his firm has been retained to conduct over 300 mortgage fraud investigations, a 100% increase from 2007.
Former UGA, NFL Football Player Arthur Marshall Charged With Mortgage Fraud Claims
WJBF-TV - Augusta, GA
He is also accused of defrauding three banks in obtaining loans for seven different properties in Columbia and Richmond Counties.
Cuomo Subpoenas Loan Modification Companies
New York Times - United States
“The entire industry is a scam, in my opinion,” Mr. Cuomo said Tuesday. “These are services that homeowners don’t need to pay for in the first place.”
Defendant Pleads Guilty to Wire Fraud Relating to Mortgage Fraud Scheme
Imperial Valley News - Holtville, CA
Scavitti admitted that between 2003 and August 2008 he unlawfully diverted mortgage funds that were wire transferred into his client office account to his own personal benefit, resulting in losses in excess of $2.5 million.
Fed Drug Report: Double Trouble for Metro Chicago
ABC7Chicago.com - IL
...Chicago street gang members run a network of legitimate businesses and have engineered mortgage fraud schemes, both to launder drug proceeds...
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Trial coverage provided by Anne Mitchell, Crazy Fish Realty.
Update - US v. F. Jeffrey Miller, et al.
Miller II: Judge Julie Robinson has ruled in favor of the defense motion granting a continuance for sentencing of the 3 convicted defendants: F. Jeffrey Miller, Steve Vanatta and Hallie Irvin. The three will now be sentenced after ruling on post trial motions set for August 10, 2009.
Vanatta has been in custody for over 2 years. Vanetta filed a motion for his release pending sentencing. That motion was denied.
Miller remains free pending his sentencing. He has hired a new attorney who filed a motion to delay Miller's sentencing. In one post trial motion, the defense argues as to what assets are subject to seizure.
Defendant Todd Earnshaw is a Kansas City real estate Broker (and brother in law of Miller). Earnshaw has been indicted in what is commonly referred to as Miller I. A trial date for that matter has been set for January, 2010 in Topeka, Kansas.
The Government filed a motion to revoke Earnshaw's bond and remand him to custody while he awaits trial after learning that he allegedly committed the state crimes of Driving Under the Influence, Handicap Parking Violation and Failure to Control Speed to Avoid a Collision while on pretrial release. Notwithstanding finding that probable cause existed to believe that Earnshaw committed the aforementioned state crimes, Judge Robinson denied the motion, but ordered several strict conditions that Earnshaw must follow pending his trial.
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