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The Mortgage Fraud Risk Report is an Interthinx information product created by an internal team of fraud experts. This is the fourteenth time Interthinx has released its quarterly report. The report provides deeper insight into current fraud trends …and more »

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Source: MarketWatch (press release)

Kessler Holzendorf, 43, Jacksonville, Florida, was found guilty of conspiracy, multiple counts of mail fraud, and multiple counts of wire fraud, in connection with his involvement in a large-scale mortgage fraud scheme. Holzendorf faces a maximum penalty of 20 years in federal prison for each of the thirty-one counts. His sentencing hearing is scheduled for January 28, 2013. Holzendorf was indicted on April 13, 2011.

According to testimony and evidence presented at trial, Holzendorf was one of the masterminds behind a complex scheme to defraud a number of mortgage lenders on loans for high-end properties in the Jacksonville area, including a number of homes in the Bartram Springs subdivision.

The scheme involved Holzendorf and others recruiting real estate professionals as investors who, with Holzenorf‘s assistance, submitted false loan applications and inflated purchase prices for the sales. The loan applications included inflated sales prices, some false claims that investors were occupying the properties as their personal residences, and other false claims regarding the investors’ employment status and income levels. For each of the properties, lenders were tricked into believing that home improvements, usually noted as swimming pools, were being made to the properties.

In fact, no improvements were ever made. Funds (ranging from $50,000 to $250,000) for these improvements were paid through title companies for sham invoices payable to a sham company (Home Improvements and Repair by Design), which was controlled by Holzendorf. Following the closing, Holzendorf, who usually kept a fee, would return the monies to the buyers. As a result of the scheme, the lenders were tricked into providing substantial sums of money to the buyers at closing.

The scheme also included a real estate agent and a mortgage company affiliated with Holzendorf. Evidence introduced at trial showed that Holzendorf and other conspirators obtained real estate commissions of more than $339,000, mortgage broker compensation of more than $189,000, and illegal kick-backs to buyers of more than $1.1 million.

U.S. Attorney Robert E. O’Neill announced the jury’s verdict.

In commenting on the verdict, United States Attorney O’Neill noted, “Our office remains committed to prosecuting those involved in these types of fraudulent crimes. Mortgage fraud continues to be a priority of the Department of Justice and our district.”

FBI Special Agent in Charge of the Jacksonville Field Office, Michael Steinbach, commented, “The FBI is committed to vigorously pursuing the perpetrators of mortgage fraud at every level, and these investigations remain one of our top national priorities.”

FDLE Special Agent in Charge of the Jacksonville Region, Dominick Pape, stated, “The partnership of all the agencies associated to this case has led to an outstanding result. This outcome should send a message to potential violators that mortgage fraud will not be tolerated in Northeast Florida.”

This case was investigated by the Federal Bureau of Investigation and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorneys Mark Devereaux and Mac Heavener.

The Fort Lauderdale-Miami area had the nation’s third-highest number of reports of mortgage loan fraud during the 2011 fiscal year, according to a report released this summer by LexisNexis. Los Angeles was first and New York second. Industry observers …

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Source: Mortgage Daily

The Financial Crimes Enforcement Network released its First Quarter 2012 Update of mortgage loan fraud suspicious activity reports (MLF SARs) that shows California, Nevada, and Florida leading the nation in the number of MLF SAR subjects per capita. Of the 50 most populous Metropolitan Statistical Areas (MSAs) ranked by the number of MLF SAR subjects reported, the top nine are MSAs located in California, Nevada, and Florida, with the Los Angeles-Long Beach-Santa Ana area ranked first in the nation.

Nineteen percent of Q1 MLF SARs report activity that occurred within the past two years. Of this more recent activity, there were sharp increases in debt elimination schemes (14 percent of this reporting in Q1 2012 versus 9 percent in 2011) and other foreclosure rescue scams (8 percent of these Q1 filings versus less than 2 percent in 2011). Financial institutions filed 17,651 MLF SARs in the first quarter of 2012 down from 25,485 filed in the same quarter of 2011. Previous record levels were attributable to mortgage loan repurchase demands prompting reviews of dated mortgages. This trend continues, though diminished, as 72 percent of Q1 filings still report suspicious activity that occurred more than four years ago.

“We must remain vigilant against criminals trying to take advantage of struggling homeowners and markets trying to recover,” said FinCEN Director James H. Freis, Jr. “Suspicious activity reports (SARs) reported to FinCEN are a tremendous tool to flag new criminal techniques, trends, and patterns, and to help identify and hold accountable those involved in organized and repeated criminal schemes.”

Echoing similar results from 2011, 41 percent of those transactions were spotted and stopped before completion indicating the increased awareness and vigilance of financial professionals.

As an example of a newly reported suspected criminal activity, a financial professional suspected arson on a rental property insured for several times the mortgaged value. The subject repaid his mortgage loan with insurance proceeds and pocketed the additional insurance money.

FinCEN’s ongoing work directly supports criminal investigations and prosecutions, including in connection with the Financial Fraud Enforcement Task Force (FFETF) and recently the Residential Mortgage-Backed Securities Working Group. President Obama created the FFETF by executive order in November 2009 to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. FinCEN serves together with the Justice Department’s Executive Office for United States Attorneys as co-chair of the FFETF’s Training and Information Sharing Committee. With more than 20 Federal agencies, 94 U.S. Attorneys’ Offices and State and local partners, it is the broadest coalition of law enforcement, investigatory, and regulatory agencies ever assembled to combat fraud and bring to bear a powerful array of criminal and civil enforcement resources. Learn more about the FFETF at www.stopfraud.gov.

FinCEN continues to act to close regulatory gaps that unaddressed could allow increased criminal abuse of the housing finance system. Final regulations that require non-bank residential mortgage lenders and originators to establish anti-money laundering (AML) programs and file (SARs) become effective on August 13, 2012. Proposed regulations that would require the government-sponsored enterprises (GSEs) Fannie Mae, Freddie Mac, and the Federal Home Loan Banks to develop AML programs and file SARs are pending finalization. For further information on FinCEN’s efforts to combat mortgage loan fraud, see the Mortgage and Real Estate Fraud section on www.FinCEN.gov.

FinCEN’s mission is to enhance the integrity of financial systems by facilitating the detection and deterrence of financial crime.

Housing Wire(Source: Financial Crimes Enforcement Network) — The Financial Crimes Enforcement Network today released its First Quarter 2012 Update of mortgage loan …USDOJ: Mortgage Fraud Summits Arm Distressed Homeowners with … 7thSpace Interactive (press release)Florida Worst State in Mortgage Fraud Index MarketWatch (press release)California, Nevada and Florida Remain Hotbeds for Mortgage Fraud National Mortgage Professional Magazine SurfKY News  - Credit Union Times  - Bizjournals.comall 21 news articles »

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Source: LoanSafe

An Ohio man who promised buyers in 2005 “there’s money to be had” has been charged in connection with a $36 million mortgage fraud scheme involving property in the Waters Edge development near Allanton. The US Attorney’s Office in Cleveland announced …

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Source: Mortgage Daily

This meeting kicked off an eight-month, mortgage-fraud spree involving ten properties. buyer on the contracts as Right Choice Housing, LLC and/or assigns were to make from the sale (the seller loans). Then, Bates, Zuravel, Nathan and Walter …and more »

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Source: WTVY, Dothan

This meeting kicked off an eight-month, mortgage-fraud spree involving ten properties. buyer on the contracts as “Right Choice Housing, LLC and/or assigns.” were to make from the sale (the “seller loans”). Then, Bates, Zuravel, Nathan and Walter …and more »

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Source: WTVY, Dothan

Housing Wire Florida accounted for more of those reports than any state but California and was the source of one in every 10 cases of suspected mortgage fraud. In 2002, the Financial Crimes Enforcement Network received 483 reports of suspected mortgage loan fraud …Suspected mortgage fraud tops FinCen list Housing Wireall 2 news articles »

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Source: Broward-Palm Beach New Times (blog)

Michael Prieskorn is indicted for allegedly running one of the largest mortgage fraud schemes in state history reversed his earlier plea 3/23 Tuesday and admitted to two of the 27 charges against him in federal court. A man indicted for running one of …Ellendale man sentenced for mortgage fraud Post-BulletinPrieskorn gets six years for mortgage fraud scheme Pioneer Pressall 4 news articles »

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Source: Minneapolis Star Tribune