California Real Estate Fraud Report

You have just entered the #1 private-sector resource on the Internet for real estate fraud. In doing so, you have voluntarily left the dimension of the conventional real estate world and crossed over to the Dark Side, the realm where greed, dishonesty and evil are the order of the day. Sign up for a free subscription to this comprehensive news resource and receive weekly, timely news reports about real estate fraud, mortgage fraud, short sale fraud, REO fraud, title fraud, loan fraud, appraisal fraud, affinity fraud, loan modification scams, securities fraud and elder financial fraud.

Archive for the 'Bank Fraud' Category

Bay Area Man Sentenced to 15 Prison in Short Sale Fraud Scam

August 18th, 2017 at 10:24am

Mahendra Prasad, 55, pleaded guilty on May 22, to one count of mail fraud affecting a financial institution in connection with a fraudulent short sale (short sale fraud), according to a Justice Department press release. On August 14, U.S. District Judge Lawrence J. O’Neill sentenced him to 15 months in prison and ordered him to pay $328,000 in restitution to the lending institution that was defrauded.

According to court documents, in 2006, Prasad allegedly submitted falsified documentation to a lender so that he could purchase a property in Sacramento. Following the purchase, he rented the property as Section 8 housing.

In 2013, Prasad completed a short sale of the property to another person, claiming that the sale was “arm’s length, which was a requirement of the lender.

His co-defendants Jyoteshna Karan, Praveen Singh, Sunita Singh and Nani Isaac are going to trial in U.S. District Court in Fresno, on Dec. 11.

Read the original article in News India Times.

Nevada Men Indicted in Fraudulent Short Sale

August 18th, 2017 at 9:55am

Acting U.S. Attorney Steve Myhre for the District of Nevada announced that two men have been indicted in connection with the sale of one man’s property to a family member of his friend (short sale fraud).

The indictment alleges that Dustin Lewis (Henderson, NV) and Brian Sorensen (Las Vegas, NV) conspired to defraud OneWest Bank when Lewis submitted a fraudulent short sale application to the bank to sell the home to a relative of Sorensen. The plan was to prevent a foreclosure so that Lewis could keep possession of the 5,331-square foot, five-bedroom home in Henderson. It is further alleged that Lewis did not disclose to the bank that he and Sorensen had an agreement that Lewis would remain on the property and that later it would be sold back to him.

The case was investigated by the Federal Bureau of Investigation (FBI), the Internal Revenue Service-Criminal Investigation (IRS-CID) and the U.S. Department of Interior-Office of the Inspector General. Assistant U.S. Attorney Patrick Burns is the prosecutor.

Read the original article in Mortgage Professional America.

Wells Fargo Pays Out Again, This Time For Fraudulent Anti-Veteran Lending Practices

August 18th, 2017 at 9:08am

Banking giant Wells Fargo must pay over $100 million to settle allegations of fraud that included overcharging military veterans using the VA Home Loan to refinance their mortgages. The victims were not only veterans but U.S. taxpayers.

Brokers Victor Bibby and Brian Donnelly were the two whistleblowers in the lawsuit who sought to recover the losses that the federal government suffered when the loans it guaranteed loans defaulted. The two men sued Wells Fargo and seven other lenders to recoup losses; notably the federal government declined to join the qui tam lawsuit, which was filed under the federal False Claims Act, aka Lincoln’s Law (31 USC §§ 3729-3733.

The other banks are Bank of America Corp (BAC.N), Citigroup Inc (C.N), First Tennessee, JPMorgan Chase & Co (JPM.N), PNC Financial Services Group Inc (PNC.N) and SunTrust Banks Inc (STI.N). The total pay-out is $161.7 million.

Depending on whether the federal government offers to assist, the private person can receive a portion of the recovered damages, from 10% to 30%. If the government intervenes, the person bringing the lawsuit, the “relator”, receives between 15%-25%. If the government does not, the relator receives between 25%-30%. If the government intervenes and most of the information is already public, the relator is only entitled to 10%.

Read the full article, including Wells Fargo’s boilerplate “apology,” in DisabledVeterans.org

NY Cop and His Friend in Hot Water over Alleged Short Sale Fraud

August 18th, 2017 at 8:50am

Retired NYPD police officer Michael Rizzi and his friend Edward Monahan have been charged with bank fraud and conspiracy to commit bank fraud with an allegedly fraudulent short sale the two men committed.

Rizzi and Monahan are accused of submitting false documentation to Rizzi’s bank in order to do a short sale of a multi-family building on Lafayette Avenue in New Brighton, for which Monahan was the buyer.

The men, both 45 years old, signed affidavits affirming that they had no business, personal or family relationships with each other. But the criminal complaint alleges that Rizzi withdrew $17,500 from his bank accounts and altered one of his bank statements to make it look like the money came from Monahan’s bank account.

In addition, Rizzi was paid $10,000 in relocation assistance money from the Home Affordable Foreclosure Alternatives (HAFA) federal program.

The bank lost $250,000 as a result of the transaction.

In the meantime, Michael Rizzi is serving a 15-month federal prison sentence for laundering the proceeds from a multimillion-dollar prostitution ring.

Read the press release from the Office of the U.S. Attorney for the Southern District of New York (U.S. Attorney for Manhattan) and SI Live.

 

 

Attorney General Becerra Urges US Senate to Keep Rule That Holds Corporations Accountable

July 28th, 2017 at 8:55am

The following is a press release:

SACRAMENTO California Attorney General Xavier Becerra today urged the U.S. Senate to support a rule that allows people to pursue justice against financial services companies. The rule — known as the Arbitration Rule — was issued by the Consumer Financial Protection Bureau on July 10, but is already under attack in Congress. Specifically, Senate Republicans have filed a Joint Resolution for Disapproval in order to repeal the Arbitration Rule. In a letter to U.S. Senate leaders, Attorney General Becerra and 19 attorneys general underscored that the Arbitration Rule would provide relief to hardworking Americans who were previously prohibited from joining class action lawsuits or even going to court at all. As opposed to costly individual arbitrations, class action lawsuits are often the only realistic way for consumers to hold these companies accountable.

“The Arbitration Rule is one tool that helps protect consumers and hold corporations accountable,” said Attorney General Becerra. “It allows people to seek justice when financial services companies break the law. But some in Congress continue to do the bidding of Wall Street instead of Main Street and want to gut this rule. Senators should stand up for consumers instead of corporate interests.”

In recent years, when opening a bank account or obtaining a credit card, consumers have been forced to agree that they will not bring or join a class action lawsuit. In short, this means that they could only hold these corporations accountable through individual arbitration, which is a costly endeavor. Thanks to the Arbitration Rule, that is no longer the case.

“While the financial services industry promotes arbitration, the truth is that most of their consumers can’t afford it. When financial services companies require their customers to use individual arbitration to address their complaints or disputes, most consumers simply lack the time and resources to arbitrate a dispute on their own or to hire an attorney to file a claim on their behalf. This is especially true where consumers have been defrauded out of small amounts of money. In the words of Judge Richard Posner of the Seventh Circuit Court of Appeals, ‘only a lunatic or a fanatic sues for $30.’ If consumers cannot join class actions, the result is “not 17 million individual suits, but zero individual suits.’” write the attorneys general in the letter. 

A copy of the letter is attached to the electronic version of this release at oag.ca.gov/news.

Crime Didn’t Pay for This Short Sale Fraud in Florida

July 20th, 2017 at 4:04pm

Casey Padula, a Charlotte County businessman, received a sentence of nearly five years in prison on charges of conspiring to commit tax and bank fraud.

In addition to transferring almost $2.5 million from Demandblox Inc., his marketing business to offshore accounts in Belize, Padula, 48, committed short sale fraud. He sent a letter to his lender Bank of America saying he could no longer afford his $1.5-million Port Charlotte home. Investigators say Padula gave Robert Robinson, 43, money from Padula’s Belize accounts to “buy” Padula’s home in a short sale at the sweet price of $625,000. Two months after the short sale closed, Robinson transferred title back to Padula for $1.

Lucky Robert Robinson only received five years of probation for his role in defrauding Bank of America.

Casey Padula was ordered to pay a $100,000 fine, restitution of $728,609 to the IRS and $739,459.90 to Bank of America.

Read the original article in NBC2 News.

The Consumer Financial Protection Bureau (CFPB) Must Be Saved

July 11th, 2017 at 8:37am

The Consumer Financial Protection Bureau (CFPB), created as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is one of the few federal agencies that exists to protect We ThePeople against predatory, misleading and fraudulent practices financial institutions have used to steal from us.

One of the CFPB‘s most recent accomplishments was to fine Wells Fargo $185 million and force it to return fees it had unlawfully charged its customers. This was in conjunction with a lawsuit filed against Wells Fargo by the Los Angeles City Attorney.

The current Administration and Republicans in Congress are openly trying to shut down the CFPB and go back to the “good old days” of no regulation of the financial sector.

Read this interesting article called “Why We Need to Save the Consumer Financial Protection Bureau.”

Sacramento Man Sentenced in Mortgage Fraud Csae

June 16th, 2017 at 8:43am

Sergey Shchirskiy, 41, a loan processor in Sacramento, has been sentenced to seven years and 10 months in prison for his role in two mortgage fraud schemes and one tax fraud scheme, according to the U.S. Attorney for the Eastern District of California.

Between April and November 2007, Shchirskiy and his co-conspirators purchased properties with straw buyers and took out home equity lines of credit using fraudulent documents and statements that Shchirskiy created. He also recruited the straw buyers and the loan applications he submitted contained untrue information about the buyers’ income, assets and intent to occupy the houses.

Read the original article in the Central Valley Business Times.

Former Employees Sue American Financial Corp., Claim Retaliatory Firing for Exposing Fraud

June 16th, 2017 at 8:08am

Four former employees of American Financial Corp. have filed a whistleblower lawsuit, accusing the company of firing them after they attempted to expose AFC’s alleged mortgage fraud.

The plaintiffs are Chris Springer, Steffen Mehnert and Sandra Reynolds, who were mortgage consultants, and Stacia Springer, a pre-qualification specialist. They say they were fired after they reported their concerns to management in March 2017.

The lawsuit alleges that the company intentionally falsified loan information, faked signatures, withheld negative financial information about an applicant and faked compliance with key deadlines.

American Financing issued a statement to The Denver Post, saying it will defend itself “vigorously against this meritless lawsuit and the false allegations …”

JP Morgan Chase, Wells Fargo, US Bank, Flagstar Bank and PennyMac, were the banks allegedly defraud according to the lawsuit, as well as the Colorado Housing and Finance Authority.

Read the original article in The Denver Post.

 

Fresno Homeowner Sues Wells Fargo for Fraud

June 7th, 2017 at 7:46pm

A Fresno County property owner is accusing several financial institutions of fraud.

Vargha Eshraghi, a Fresno County property owner, filed a complaint against Wells Fargo Bank NA on May 5 in the Fresno County Superior Court. Wachovia Mortgage, Clear Recon Corp., Stoxposting.com and Does 1-100 are also named, alleging breach of contract, fraud and other counts.

According to the complaint, Eshraghi alleges that the defendants represented to him that he qualified for a loan modification and that the bank then failed to cooperate with the effort.
Eshraghi is seeking a judgment against the above defendants, restraining and enjoining them from conducting any foreclosure sale of plaintiff’s property, award of attorney’s fees, costs and any other appropriate relief. His attorney is Hoa Van Tran of Hoa Van Tran PLC in Garden Grove.

Fresno County Superior Court Case number 17CECG01580

Read the original article in the Northern California Record.

© Copyright 2007-2017 Monique Bryher

Legal Disclaimer.

The information and notices contained on The California Real Estate Fraud Report are intended to summarize recent developments in real estate fraud, mortgage fraud, short sale fraud, REO fraud, appraisal fraud, loan modification scams, loan modification fraud and other real estate related crimes occurring in Los Angeles and California. 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 real estate fraud, mortgage fraud and appraisal fraud matters or who believe they require legal counsel should seek the advice of an attorney.

ALL RIGHTS RESERVED. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without written permission from the author, except for the inclusion of BRIEF QUOTATIONS in a review.

BLOG POWERED BY SHARP BIZ IMAGE

Copy Protected by Chetan's WP-Copyprotect.