Showing posts with label mortgage fraud. Show all posts
Showing posts with label mortgage fraud. Show all posts

Wednesday, June 10, 2009

Department of Housing and Urban Development guarantees mortgage loans used to acquire health care facilities — including hospitals and nursing homes

TO BE NOTED: From HousingWire:

"Nursing Homes Default, US Sues

Posted By DIANA GOLOBAY
June 10, 2009 8:25 am

The latest effort by US officials to crack down on costly mortgage fraud culminated in a lawsuit Tuesday after two federally-guaranteed mortgage defaults cost the government almost $26m.

The US Justice Department filed suit against California-based mortgage lender Capmark Finance, seeking treble damages and penalties. The charges, filed in the US District Court in Los Angeles, alleges Capmark made false statements on applications for federal mortgage insurance covering residential nursing homes.

The US Department of Housing and Urban Development guarantees mortgage loans used to acquire health care facilities — including hospitals and nursing homes — under a federal program. But the Justice Department’s case alleges Capmark obtained the HUD guarantees through false applications, costing the federal program nearly $25.9m when the Canoga Care Center in California and the Hudson Valley Care Center in New York both defaulted on their loans.

“Mortgage fraud is a top priority for this Administration, especially when public dollars are at stake,” said Tony West, assistant attorney general for the Justice Department’s Civil Division, in [1] a media statement Tuesday.

“This complaint sends a clear message that we will aggressively pursue allegations of fraud on federal mortgage insurance programs, which are so vitally important to this economy,” West adds.

Joyce Patterson, a spokesperson for Capmark Financial Group, tells HousingWire that the claims against Capmark Finance are “without merit” and the company intends to dispute them “vigorously.”

Write to [2] Diana Golobay."

Monday, April 13, 2009

some of the only companies still willing to buy these bundles of mortgages were Fannie Mae and Freddie Mac

TO BE NOTED: From Calculated Risk:

"Mortgage Fraud in 2008: Part II

by CalculatedRisk on 4/13/2009 06:29:00 PM

Here is the 2nd part of the VoiceofSanDiego article: A Staggering Swindle: How It Could Happen in 2008

In 2008, when the loans were made to McConville's buyers, some of the only companies still willing to buy these bundles of mortgages were Fannie Mae and Freddie Mac, even though the mortgage mess had affected them, too.

At the tail end of McConville's deals, last September, the federal government took over Fannie and Freddie, assuming more direct control of the companies' day-to-day operation and pumped in funding to absorb their losses. Now the taxpayers own 79.9 percent of Fannie Mae and Freddie Mac.

"You and I are getting stuck with these inflated loans, via Fannie and Freddie," [Real estate appraiser Todd Lackner] said.

There is a way out, as long as the smaller lenders who made the loans to McConville's buyers still exist. On any loans Fannie and Freddie bought, if they discover fraud or faults in underwriting in the loans, they'll send them down the chain, requiring the investor that sold the loans to the giants to buy them back. Ultimately, the original lenders might face those buybacks, said Michael Lea, a former chief economist for Freddie Mac.

But the small lenders who made these mortgages might not be in business anymore -- like Nazari's All American Finance.
Ask Wall Street what happens when they push back loans to the small lenders - they just close up shop.

Here was Part I: Rented Identities, Extravagant Prices and Foreclosure: A Post-Boom Real Estate Scam

And a related article: Mafia-Esque Charges Brought Against Alleged Mortgage Fraud Ring

Mortgage Fraud: RICO Charges Filed Against Straw Buyers

by CalculatedRisk on 4/13/2009 01:49:00 PM

Here is another story from VoiceofSanDiego: Mafia-Esque Charges Brought Against Alleged Mortgage Fraud Ring

Federal prosecutors on Tuesday announced unprecedented charges against individuals involved in an alleged mortgage fraud ring involving 220 properties in San Diego County, with total purchase prices topping $100 million.

The 24 defendants were all charged with participating in a "corrupt enterprise" under a federal law created by the Racketeer Influenced and Corrupt Organizations (RICO) Act...

... defendants include several real estate professionals ... a public notary ... a licensed real estate agent ... a licensed real estate appraiser ... a CPA; and ... registered tax preparers.
...
Prosecutors also name several straw buyers as participants in the corrupt enterprise ...
This is a different case than the previous story, but notice that the straw buyers are facing charges too. "Lend" out your good credit, sign false documents - and face prosecution and jail time.

"Mortgage Fraud in 2008

by CalculatedRisk on 4/13/2009 11:24:00 AM

Kelly Bennett and Will Carless at the VoiceofSanDiego investigate: Rented Identities, Extravagant Prices and Foreclosure: A Post-Boom Real Estate Scam

Over the course of several months last year, [James D. McConville] picked up at least 81 condo conversions from distressed developers and orchestrated their sale to more than 20 buyers who'd rented him their identities ...

By arranging purchase prices well above market value, McConville was able to pay off the developers and capture what the developers' records state as more than $12.5 million. Now, 74 of the 81 homes involved in the deals in Sommerset Villas and Sommerset Woods in Escondido and Westlake Ranch in San Marcos are in the first stage of foreclosure.
McConville bought distressed condos from developers in bulk, and then sold them to straw buyers (individuals with solid credit records who agreed to sign for the loans for a fee). McConville pocketed the difference between the straw buyer price and the bulk price - approximately $12.5 million.

McConville promised to rent the properties, and pay the mortgages from the rental income.

The individuals had pristine credit, and one mortgage lender said:
"Everything was just absolutely perfect -- some of the cleanest loans we'd seen."
Of course the relationship with McConville was apparently never disclosed.

This was happening in 2008. Lenders were supposed to be back to the three C's: creditworthiness, capacity, and collateral. These straw buyers - who apparently were willing to falsely sign that they were the actual buyers - satisfied the creditworthiness and capacity criteria. But this raises serious questions about the appraisals.

Also McConville timed the multiple applications perfectly so the lender wouldn't see the other loans apps when they performed a credit check - that is pretty amazing.

Part II will be out today tonight ...

Federal prosecutors on Tuesday announced unprecedented charges against individuals involved in an alleged mortgage fraud ring

TO BE NOTED: From Calculated Risk:

"Mortgage Fraud: RICO Charges Filed Against Straw Buyers

by CalculatedRisk on 4/13/2009 01:49:00 PM

Here is another story from VoiceofSanDiego: Mafia-Esque Charges Brought Against Alleged Mortgage Fraud Ring

Federal prosecutors on Tuesday announced unprecedented charges against individuals involved in an alleged mortgage fraud ring involving 220 properties in San Diego County, with total purchase prices topping $100 million.

The 24 defendants were all charged with participating in a "corrupt enterprise" under a federal law created by the Racketeer Influenced and Corrupt Organizations (RICO) Act...

... defendants include several real estate professionals ... a public notary ... a licensed real estate agent ... a licensed real estate appraiser ... a CPA; and ... registered tax preparers.
...
Prosecutors also name several straw buyers as participants in the corrupt enterprise ...
This is a different case than the previous story, but notice that the straw buyers are facing charges too. "Lend" out your good credit, sign false documents - and face prosecution and jail time.

Sunday, April 12, 2009

Why sell crack when taking money from a careless lender is so much easier and more profitable?

TO BE NOTED: From Econbrowser:

"
Mortgage fraud

Why sell crack when taking money from a careless lender is so much easier and more profitable?

From the San Diego Union Tribune:

Federal prosecutors indicted 24 people in a massive mortgage fraud scheme that they said was led in part by a gang member from San Diego and netted participants $11 million in profits.

In an indictment unsealed yesterday, prosecutors laid out a wide-ranging racketeering conspiracy that ran from 2005 to 2008 and targeted homes across the county. Among the identified leaders was Darnell Bell, a documented member of the Lincoln Park street gang.

Bell, 38, used his status in the gang to recruit other members for the scheme and "maintain discipline," according to the indictment.

The sweeping conspiracy involved almost every element in the real estate transaction chain. The defendants include a real estate broker, a group of straw buyers, an escrow officer, an appraiser, tax preparers and a notary.

Prosecutors allege the network used fake buyers to purchase homes for more than the asking price, with the defendants pocketing the overage. Lenders were duped into funding mortgages for the inflated price and later suffered losses when the buyers walked away and the property was foreclosed.

The value of the properties involved is estimated at $100 million.

I'm wondering if the lenders were also "duped" into lending this $100+ million without income documentation or down payments.

Posted by James Hamilton at April 12, 2009 07:13 AM"

Friday, March 27, 2009

This mortgage fraud crisis is similar to a state of emergency

TO BE NOTED: From HousingWire:

"Florida AG Likens Mortgage Fraud to “State of Emergency”

Posted By PAUL JACKSON
March 27, 2009 10:45 am

"Florida Attorney General Bill McCollum is calling on several state agencies and associations — including the Florida Department of Law Enforcement, the Office of Financial Regulation, the Department of Business and Professional Regulation and the Florida Bar — to develop what he called “a cooperative approach” to the state’s widepsread mortgage fraud crisis. McCollum’s office has received hundreds, if not thousands, of complaints on various issues related to mortgage fraud including criminal fraud and foreclosure rescue fraud, he said.

“This mortgage fraud crisis is similar to a state of emergency –- it will take an all-hands-on-deck approach between our state’s agencies to effectively address our citizens’ concerns,” said McCollum in a press statement [1] released by his office earlier this week. “We must work together if we are going to make a difference.”

Florida ranked second in the nation for mortgage fraud activity during 2008, after ranking first during 2006 and 2007, according to recent data released by the Mortgage Asset Research Institute, or MARI. [2] Read earlier coverage.

The Attorney General is looking to develop a plan of action for triaging and referring mortgage fraud complaints and encouraged participation at the local levels as well, he said.

Last year, complaints to the Attorney General’s Office about mortgage fraud topped every other complaint topic; much of those complaints now center around fraud in foreclosure rescue scams, as well, as the number of troubled borrowers has mushroomed in the past 12 months.

A new law, effective October 1, 2008, provides some consumer protection against foreclosure rescue fraud; since the law took effect, the Attorney General’s Economic Crimes Division has filed five civil lawsuits against companies in violation of the law, has reached settlements with another five companies, and has 39 active investigations pending. Under the new law, foreclosure prevention firms are forbidden to charge up-front fees to consumers for loan workout services.

Thursday, McCollum’s office announced two injunction orders against alleged foreclosure scams in the state. [3] The first involves Miami-based Mortgage Crisis Solutions Association, LLC and owner Donald Gillette, who are accused of charging homeowners in foreclosure up-front fees as high as $2,995 for loan modification services, but never providing the services. [4] The second involves the Central Florida-based Winberg, Lopez, & Rodriguez Company — which also did business under the names Winberg, Lopez, & Rodriguez Company, Wineberg, Lopez, & Rodriguez, and Wineberg, Lopez, & Rodriguez, P.A. — for allegedly charging an up-front fee as high as $1,995 to homeowners who are seeking foreclosure-related rescue services."