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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, November 22, 2004

Theft by Quit Claim

Stolen Real Property Title is Growing Problem

The Kansas City Star published an article on property theft .  A quote from the article provides details as to how this scheme works:

The typical scenario involves a thief forging the property owner’s name on a quitclaim deed or a warranty deed. The forgery suggests that the owner sold the house or deeded the property to the thief. The forged deed is notarized either legitimately or fraudulently, then filed with the Jackson County Department of Records. Once the document is processed, the thief becomes the owner of record.

The thief then uses the property as collateral for a bank loan. In some cases, lax or corrupt mortgage brokers and appraisers help pave the way with inflated appraisals and phony loan application documents. Another option is to sell the house as a fixer-upper to another buyer. In either scenario, the thief cashes out and seemingly disappears.  . . .

Authorities have discovered that in many cases the legitimate owners are elderly or in nursing homes. The thieves sometimes scour obituaries for deceased property owners to victimize, investigators said.

The thieves often use aliases and file a string of deeds on a single property to muddle the paper trail.

They often focus on distressed neighborhoods, cruising the streets for vacant homes. In many cases, the houses are vacant or appear abandoned by off-site owners. In such scenarios, it is less likely that the owner will discover the theft or have the financial resources to seek legal help, investigators said.

The article also references several other criminal and civil suits alleging this type of conduct, including:

Two forgery counts filed by Jackson County prosecutors against William A. Carter alleging that Carter forged the names of a deceased couple and then sold their property as a fixer-upper to Leroy Brown Jr.

A civil action in Jackson County court against Gordon J. Thomas by two Kansas City men.  The case is reported to include allegegations that the mens’ signatures were forged on a warranty deed.

A civil action against Miles Thomas, listed in the lawsuit at the same address as Gordon J. Thomas, by a 78-year-old Kansas City man in connection with an allegedly fraudulent warranty deed.

A civil lawsuit by an elderly woman against Brent Barber and three other defendants that was filed in November 2000 alleging a fraudulent quitclaim deed.  The article states that Barber is also named in four other quiet title lawsuits in Jackson County Circuit Court.  Barber was indicted by a federal grand jury in Kansas City in August and has entered a plea of not guilty.

 mortgage fraud

   

Posted by Rachel Dollar on 11/22/04 at 03:41 AM
Mortgage Fraud LocationsMissouri • Total comments: (4) (0) Trackbacks
  1. i am not a lawyer, nor do i work for a loan company,
    I live in cincinnati ohio. I inharited a house to me
    that was paid for in full, my ex-wife forged a general
    power of attorney and stole a co-workers notary stamp
    and notarised the document. She then took a loan out
    on my house with out me knowing anything about it for
    $80,000, one year later she, with out me knowing it,
    went and forged a quit claim deed, stole the notary
    stamp again and went on to take a second loan on my
    inharited home for $120,000. she paid on the loan for
    about 8 months and then stopped. I found out about
    this through a notice that came in the mail that
    stated that there were foreclosure precceedings being
    filed to take my house.
    In shock I went down and pulled a copy of the quit
    claim deed from the hamilton county auditers office
    and much to my suprise i was holding a deed that had
    my forged name on it granting my ex-wife full owner
    ship of my home.
    My case is in civil court now, my lawyer believes
    that I will get my house back. i have depositions from
    all of the witnesses on these documents stating that
    they did not sign there names to them, as well as a
    deposition from my ex-wifes co-worker stating that she
    didnt notarize anything for my wife and went on to
    explain that my wife is the only other person that had
    access to her office.
    I have a question? should I go to the police? will
    the loan company do that? should I inform the loan
    company that i am filing a complaint with the police?
    How does all that work. im lost.
    Thank you I hope to here back from you, Have a great
    day. Nice web site

    Posted by  on  05/16  at  07:44 PM
  2. my aunt was legally blind and her daughter tricked her into signing the property I had bought from her over to her by quick cclain deed. She told my aunt she was filing aa codicile to her will.She knew that I had paid for the property.  My aunt had left me the property in her will and after she died her daughter told me she owns my property now

    Posted by  on  11/21  at  12:42 PM
  3. my aunt was tricked by her daughter into signing a quick claim deed to property that I had paid for and she had left me the property in her will to me.  My aunt was legally blind and she was told by her daughter that she was signing a codicile to her eill.  Yhe signature does not look like her writing.  Mu aunt passed away on Oct. 28 on Oct. 29 she told me she owns my property now and is going to collect rent on the mobile home on one of the lots that I have paid for

    Posted by  on  11/21  at  12:49 PM
  4. Isold my home to someone signed over the deed, now two years later no taxes have been paid home in foreclousure, wanted me to agree to do short sale property deeded back to me 2 weeks before foreclousure do i have a case civil

    Posted by  on  05/13  at  08:00 AM

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mortgage fraud news



Today's News

Some Sources require Registration.

 

Mortgage Scam Ends with Prison
The Morning Call
A judge didn't hold back when Shirley Matthews appeared before him Tuesday to be sentenced for stealing from a Monroe County man instead of helping him save his home from foreclosure, as she was hired to do.

Woman Gets Prison Time After Mortgage Scam Conviction
Pocono Record
A New Jersey woman will be spending two to five years in state prison after she was sentenced on Tuesday for promising to help homeowners avoid foreclosure and then keeping the money she was given for their mortgages.

2 Indicted in Mortgage Scam Face New Charges
Newsday.Com
Prosecutors add extra charges to two who are charged in LI mortgage fraud with county legislator, dominatrix and her husband

Untangling Mortgage Fraud in Chicago Condo Buildings
Chicago Public Radio
Why did so many units go into foreclosure all at once? In some cases, the reason can be traced to mortgage fraud.

No Contest Plea Entered in Real Estate Fraud Case
Northbay Business Journal
Juan Carlos Alcala of Windsor pleaded no contest to nineteen felony counts and admitted three special allegations for defrauding real estate investors, money laundering and elder fraud.

Bedford Woman Sentenced to a Year in Prison for Mortgage Fraud
Plain Dealer
Sharon Cox, 49, of Bedford, was sentenced today to a year in prison for mortgage fraud involving money laundering, theft and receiving stolen property from August 2008 through March.

CITIZEN JOURNALISM: Mortgage Fraud High in Area
Washington Times
According to the FBI, Virginia, Maryland and the District are among the top 10 jurisdictions experiencing mortgage fraud.

Former Vegas Resident Charged with Mortgage Fraud in Nevada
National Mortgage Professional Magazine
A former Las Vegas resident has been charged with federal conspiracy and fraud charges for his involvement in a Nevada mortgage fraud scheme involving straw buyers and falsified mortgage loan documents...

Missouri Man Sentenced for Mortgage Fraud
Belleville News Democrat
A suburban St. Louis mortgage company operator has been sentenced to more than 11 years in prison for a mortgage fraud scheme.

12-Year Prison Term in Mortgage Swindle
Washington Post
A Maryland woman who stole millions from Washington area homeowners trying to avoid foreclosure is a "vulture" whose case should serve as a warning to other con artists...

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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