California Real Estate Fraud Report

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Archive for the 'Loan Fraud' Category

Long Beach Man Sentenced to Prison for Mortgage Fraud Scam

March 10th, 2017 at 12:49pm

Long Beach resident John Martynec, 41, has been sentenced to federal prison for two years for helping to run a scheme which cost lenders over $2.4 million.

Martynec,  a formerly licensed real estate broker and co-owner of JTR Real Estate Inc. in Norwalk, found homes that could be purchased and “flipped” after undergoing renovations. He and one of his real estate agents, Elek Andrade, would purchase the homes by using the personal information of individuals without the consent of those persons.

Andrade, 32, was sentenced to one year and one day, as was Mireya Espinoza, 36, for providing fraudulent supporting documents, such as employment verification.

“Schemes like this can destabilize the financial industry and the real estate market,” United States Attorney Eileen M. Decker said in a statement. “The last economic crisis demonstrates the dangers of such destabilization and the importance of prosecuting crimes like those committed by these defendants.”

U.S. District Judge Dale S. Fischer ordered the two men to pay $2,573,092 in restitution and Espinoza to pay $1,476,966 in restitution.

Read the original article in the Long Beach Post.

A Story about an Appraiser Who is One of the Good Guys

March 2nd, 2017 at 11:06am

This is an great human-interest story about Gary Crabtree, who has run an appraisal business in Kern County for 55 years.

In the course of his work in the first decade of this century, Crabtree uncovered a massive mortgage fraud and appraisal fraud scheme operated by the brokerage Crisp & Cole Real Estate and Tower Lending. There are many articles posted in the California Real Estate Fraud Report about David Crisp and Carl Cole and their employees.

You can read about Gary Crabtree‘s remarkable career in the Bakersfield Californian.

 

Former Roseville Real Estate Agent Sentenced to Prison for Forging Documents

March 2nd, 2017 at 10:54am

Alla Samchuk, 45, who was previously a licensed real estate agent, has been sentenced to nine years and six months in federal prison for mortgage fraud, identity theft and obstruction of justice. She was convicted last August.

According to prosecutors, from 2006 through 2008, Samchuk concocted a mortgage fraud involving two homes in Roseville and one in El Dorado Hills. Because she was unable to qualify for the loans, so she found straw buyers to apply for the loans in their own names. The applications contained false statements regarding income, employment and assets, including falsely representing that the straw buyers would occupy the homes.

Judge Garland Burrell Jr. of the U.S. District Court for the Eastern District of California in Sacramento was the trial judge. He imposed the longer sentence because Samchuk had threatened a witness not to report her crimes.

You can read more about the history of the case by going to the U.S. Government Publishing Office.

Read the original article in the Sacramento Business Journal.

San Diego Woman Pleads Guilty to Defrauding Two Lenders after Witch Creek Fire

February 3rd, 2017 at 10:48am

The out-building adjacent to the home Deborah and Douglas Tumlinson owned in Ramona was destroyed in the Witch Creek fire that occurred in San Diego County’s back-country in October 2007.

Unlike the other victims who filed claims against San Diego Gas & Electric, which acknowledged that the fire stemmed from sparks from some of its equipment during high winds, the Tumlinsons took a different approach.

Deborah Tumlinson convinced the Tumlinson’s family friend and trust attorney, Carter Johnston, to write a letter to New Jersey-based lender, U.S. Claims, advising the lender that they would be receiving a $2.49 million settlement from the wildfire and would be paid within 30 days. Johnston, who was disbarred for his false representations to U.S. Claims, also stated falsely that he had represented the Tumlinsons in the settlement. As a result, U.S. Claims and its president Darryl Levine made a loan to them for over $700,000 to buy a new house.

The Tumlinsons failed to repay the loan and failed to repay a second loan they received from Seaside Funding, a Carlsbad mortgage broker, for the new home they falsely claimed would be a rental property.

Deborah Tumlinson pleaded guilty in May 2016 to aiding and abetting in a wire fraud scheme and was sentenced by U.S. District Judge Janis Sammartino  to a year and a day in prison. The judge noted how her actions had caused great suffering to others, namely Darryl Levine, who was forced to sell his business in 2014.

Douglas Tumlinson, who actually signed many of the documents, entered into a deferred prosecution agreement with the U.S. Attorney’s Office, which dismissed the charges against him after his wife was sentenced.

Judge Sammartino ordered the couple to pay $1.8 million in restitution to U.S. Claims, although there is already a civil judgment against them, according to U.S. Claims attorney Pat Swan. Seaside Funding was made whole at the foreclosure auction.

Read the full article in the San Diego Tribune.

Read the press release of this case from the U.S. Attorney for the Southern District of California. The case was prosecuted by Assistant U.S. Attorney Christopher P. Tenorio.

Last Defendant in Central Valley Mortgage Fraud Case Pleads Guilty

January 27th, 2017 at 10:14am

Arthur Menefee, 56, a Stockton-based real estate agent, has pleaded guilty to wire fraud in a mortgage fraud scheme that involved at least 31 properties.

Menefee, who surrendered his real estate license to the California Bureau of Real Estate in 2013, was accused of recruiting friends and fellow church-goers to purchase properties. The lure was that Menefee took care of the mortgage payments or down-payments; the loan applications he prepared indicated the persons worked at a business that didn’t exist.

Five of Arthur Menefee‘s co-defendants have already pleaded guilty and have been sentenced as follows:

Jannice Riddick, 34, of Sacramento (two years and 11 months in prison);

Florence Francisco, 65, of Houston, Texas (one year in prison);

Adil Qayyum, 34, of Rosele, Illinois (three years of probation);

Elsie Pamela Fuller, 41, of Richmond (one year and nine months in prison); and,

Leona Yeargin, 49, of San Pablo (18 months in prison).

Two other defendants await sentencing after pleading guilty: Valeriy Vasilevitsky, and Ruth Willis

Read the original article in the Central Valley Business Times.

CoreLogic Report Details New “Reverse Occupancy Scam”

January 20th, 2017 at 11:01am

A report from CoreLogic warns lenders that people committing mortgage fraud have reversed their traditional approach to one of a common scam: that of claiming they intend to take occupancy of a property in order to obtain a lower interest rate with lower fees and lower down-payment.

Under the new “reverse occupancy scheme”, the prospective home buyers tell lenders they’ll be renting out the home, though their actual intention is to occupy the property as their own home.

Willa Wei, an analyst at CoreLogic, said the buyers  are able to claim their “expected” rental income in order to satisfy the debt to income requirement of their mortgage application. The scheme is most common in cities where home prices and rents have appreciated. Leading the way is New York City, which has the highest reverse occupancy risk, followed by Los Angeles, Chicago, Dallas and Houston.

CoreLogic has created a map of the cities that have the highest risk of reverse occupancy fraud. Click on this link to see the map.

Rocklin Man Pleads Guilty in Mortgage Fraud Involving 31 Properties

November 18th, 2016 at 10:01am

Aleksandr Kovalev, 53, has pleaded guilty in federal court to wire fraud involving financial institutions.

Kovalev, a developer was in the Sacramento, Fairfield and Stockton areas, had been accused of making incentive payments to home buyers through “down payment assistance.” This was done outside of escrow and was not disclosed to the lenders, who were not aware that the effect was to substantially reduce the actual sales price.

Already, five of Aleksandr Kovalev’s co-defendants have pleaded guilty and have been sentenced. They are Jannice Riddick, 34, of Sacramento, two years and 11 months in prison; Florence Francisco, 65, of Houston, one year in prison; Adil Qayyum, 34, of Rosele Ill., three years of probation; Elsie Pamela Fuller, 41, of Richmond, one year and nine months in prison; and Leona Yeargin, 49, of San Pablo, 18 months in prison.

Valeriy Vasilevitsky and Ruth Willis have also pleaded guilty and await sentencing.

The case resulted from an investigation by the FBI and the Internal Revenue Service.

Read the original article in the Sacramento Bee.

Loan Officers Sentenced to Prison for Mortgage Fraud Involving Los Angeles African-American Churches

November 11th, 2016 at 11:35am

Two men who operated a mortgage fraud scheme that targeted mostly African-American churches in the Los Angeles area have been sentenced to federal prison and fined.

Paul Ryan, a former mortgage loan officer with Broadway Federal Bank, and mortgage broker Chester Peggese received sentences of 18 months and one year and one day, respectively. Paul Ryan was ordered to pay $353,925 in restitution to Broadway Federal Bank and Chester Peggese was ordered to pay the bank $4.2 million. Ryan had pleaded guilty to one count of receiving bribes and rewards as a bank employee two years ago.

Peggese acted as a “consultant,” targeting Los Angeles churches to either acquire new property or to refinance their mortgages. At the time Broadway Federal Bank was paying rebates to brokers who brought them loan business; Ryan had been accused of demanding that all or part of the rebate money be paid to him in exchange for processing and approving the bank loans. The scheme ran from 2007 until March 2010.

The case was the result of a multi-agency investigation of the following federal agencies: Federal Bureau of Investigation (FBI), Internal Revenue Service’s Criminal Investigation Division, Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP), and Federal Deposit Insurance Corporation’s Office of Inspector General.

Read the original article in The Scanner.

 

California man gets prison in Las Vegas mortgage fraud scam

October 28th, 2016 at 6:14am

Franklin Marquez, 52, has been sentenced to 4 to 12 years in prison for his involvement in a mortgage fraud scheme. He was convicted on one count of pattern of mortgage lending fraud, a category “B” felony.

Marquez and his co-defendants – Maria Lorena Anzu, Jose Ben Rodriguez and Gilberto Navidad , were alleged to have operated a criminal enterprise in Las Vegas called Majestic Group, LLC. Their pitch to distressed homeowners was that they could sell their homes to Majestic Group at market value and then the company would sell their homes back to them at lower, more affordable prices. The victims were charged upfront fees along with monthly payments.

Read the original article in News3LV.

October 13th, 2016 at 9:32am

Nancy Russell Kempis, 64, of Santa Clara, has been sentenced for more than six-months in jail for scamming a family out of their home and defrauding four banks.

The former real estate agent  convinced the family to sell her their home at a “dramatically reduced price” in order to avoid foreclosure. She rented them the home and promised to return it. Instead, she secured a number of fraudulent mortgages, sucking all the equity out of the house and defaulting between 2006 and 2009. The home was then lost to foreclosure and the family evicted.

Kempis’ scam cost lenders $750,000.

Kempis eventually fled to New York, went into hiding under the false name Morpheus Daw Pud Ko and helped run a women’s ministry.

“Ms. Kempis scammed hundreds of thousands of dollars and drove a family into homelessness,” Santa Clara County Deputy District Attorney Charles Huang said in a statement.

Read the original article in KRON4.com

© Copyright 2007-2017 Monique Bryher

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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.

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