Brandon Sestoso, 33, Hicksville, New York, his brother Chas Sestoso, 31, Hicksville, New York and Jesse Kusinow, 32, Howell, New  Jersey were charged with breaking into a residence in Jamaica Estates, New York in April, 2015, changing the locks and refusing to allow the true homeowners to enter the premises until they transferred the deed of the house to the defendants.

Queens District Attorney Richard A. Brown said, “In a truly bizarre case, the defendants are accused of breaking into a Queens residence and locking the true owners out, then forcing them to negotiate with the defendants if they wanted to gain access to their own home. If convicted, the defendants face lengthy  time behind bars.” Continue Reading…

Irving Fryar and mother convicted in mortgage scheme

Former Philadelphia Eagles player Irving Fryar and his mother, Allene McGhee, were found guilty Friday of charges of conspiracy and theft by deception stemming from a $1.2 million mortgage scheme that prosecutors said victimized seven lending institutions in South Jersey and Philadelphia in 2009.

Fryar, a Pro Bowl wide receiver who retired from the NFL in 2001 after playing for 17 years with four teams, and his mother, a retired school bus driver from Willingboro, showed no emotion as a jury in Mount Holly announced the verdict after more than 11 hours of deliberation.

Edward Dacy, 77, most recently of West Melbourne, Florida, was sentenced to six years in prison on charges stemming from a multi-million dollar mortgage fraud investment scheme involving 45 properties and $16 million in mortgage loans used for the purchase of residential real estate in the District of Columbia and Maryland.

Dacy was found guilty on March 25, 2015, following a trial in the U.S. District Court for the District of Columbia, of 10 counts of conspiracy, bank fraud, and mail fraud.  His conviction completes a three-year investigation relating to this mortgage fraud scheme. A total of nine individuals have admitted their guilt through guilty pleas or were found guilty after trial. Upon completion of his prison term, Dacy will be placed on three years of supervised release. In addition, Judge Walton ordered that he pay $2,730,345 in restitution and an identical amount as a forfeiture money judgment. Continue Reading…

Canada – Liar loans helping to inflate hot housing markets, experts say

New allegations of broker fraud come amid fresh warnings about lofty real estate prices in Vancouver and Toronto markets and their surrounding suburbs.

Stated income or “Liar Loan” create an indicia of affordability – thereby allowing a bubble to continue to inflate, long after it should have popped.  The US Markets experienced this during the run-up to the financial crisis when negatively amortizing and no documentation loans allowed people to purchase homes which were simply unaffordable.  -Rachel

Fryar, mother decline to take stand

The lawyers defending former Eagles player Irving Fryar and his mother, Allene McGhee, against mortgage fraud charges rested their case in a Mount Holly courtroom Tuesday without calling any witnesses.

Fryar, 52, of Springfield Township, Burlington County, and McGhee, 74, a retired school bus driver from Willingboro, both decided against taking the stand to testify after the prosecution completed its case and the jury trial entered its third week. The two are charged with conspiracy and theft by deception in connection with a $1.2 million mortgage scheme involving six banks and one lending company in South Jersey and Philadelphia between October and December 2009.

Court Holds Claims of Forged Deeds Not Subject to Time Limits (New York)

Although the CPLR sets forth an applicable statute of limitations period for virtually all causes of action, and otherwise provides for a catch-all limitations period under CPLR 213(1) for claims that are not specifically delineated, the Court of Appeals has recently held that one particular, and not altogether uncommon, cause of action is not subject to any limitations period. In a remarkable 4-3 holding in Faison v. Lewis, the majority of the Court of Appeals held that a claim alleging forgery of a deed is not subject to any statute of limitations defense.

Brady Bunte, the former owner of an Orange County, California mortgage lending company, pleaded guilty to bank fraud in U.S. District Court in Louisville, Kentucky in a warehouse lending fraud.  Bunte devised a scheme to defraud National City Bank of $12,744,678 of money under its control, by submitting fraudulent funding requests for nonexistent mortgage loans. Continue Reading…

Christopher Colatrella, 43, Wall Township, New Jersey was sentenced to 5 years in state prison after pleading guilty to 2nd Degree Financial Facilitation of Criminal Activity (Money Laundering) related to an investigation that involved mortgage fraud, theft by deception and money laundering. Christopher Colatrella’s brother John Colatrella, 52, Long Branch, New Jersey was sentenced to 2 years probation for 3rd Degree Conspiracy to Commit Theft by Deception. John Colatrella’s daughter Alexis Colatrella, 29, Wall Township, New Jersey was admitted into Pre-Trial Intervention for her role obtaining fraudulent mortgages.

The investigation involved over $2 million in fraudulent loans for townhouses located in Lakehurst, New Jersey. The criminal activity resulted in a financial benefit totaling over $740,000 from fraudulent mortgages and the proceeds were inserted and laundered through multiple personal and business accounts.

Charges against Martin D’Amato, Clara Cara, Dolores Cittadino and Vincent Veritas were dismissed as part of the plea agreement

Brett Depue, 42, Gilbert, Arizona, was convicted following a four-day jury trial, and 1½ days of deliberations, of one count of conspiracy to commit mail, bank and wire fraud, and seven counts wire fraud in connection with a Las Vegas mortgage fraud scheme.  Depue was remanded to custody and sentencing is scheduled for November 9 at 9:00 a.m. Depue‘s previous conviction on mortgage fraud charges was overturned by the Ninth Circuit Court of Appeals.

We are pleased that a second jury determined that Mr. Depue had committed fraud,” said U.S. Attorney Daniel G. Bogden.  “There were over 100 homes used as part of this conspiracy to defraud the financial institutions of millions.” Continue Reading…

Glorvina Constant, 36, New Haven, Connecticut, was sentenced  to one year of probation for participating in a mortgage fraud scheme.  Her husband, Jason Sheehan, 41, New Haven, Connecticut, was sentenced to 37 months in prison for a bankruptcy and tax fraud scheme involving his company, Infinistaff, LLC.  As part of that scheme, Constant received Infinistaff payroll checks totaling $354,000 during the pendency of Infinistaff’s bankruptcy proceedings even though she performed no work for the company. Continue Reading…