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Real Estate

DRE Consumer Alert Regarding Wire Fraud in Real Estate Transactions

Real estate transactions in today’s world often involve the wiring or electronic funds transfer (EFT) of money to complete a deal. Previous consumer alerts have referenced or covered wire fraud in timeshare transactions and fraud against seniors.

Wire transfers and EFT’s in real estate purchase transactions have become the targets of criminals who interject themselves into a real estate transaction by posing as a party in the transaction. In these cases, the criminal often takes on the identity of a title or escrow company or real estate agent in the transaction and provides legitimate-looking instructions directing the buyer where to wire or transfer funds. These instructions result in the wiring or transfer of funds to the criminal’s bank account, often overseas, and the immediate loss of thousands, or hundreds of thousands, of dollars to the victim.

These are sophisticated, professional-looking attacks on your real estate transactions, and you need to be on the lookout. Cyber criminals may convincingly take on the identity of legitimate parties to your transaction, using authentic-looking logos and personal details in communications, in order to make you or your clients feel comfortable. It is best to be safe in how you respond, and to assume that your transaction is being targeted.
What can you and your clients do to avoid such criminal activity?

1. Whenever possible, use alternatives to wire transfers or EFT’s, such as cashier’s checks, and get a receipt. For smaller transactions, make the payment in person by check or credit card and get a receipt, as these payment sources provide you with proof of payment.

2. Obtain phone numbers and account numbers of real estate agents and escrow-holders at the beginning of the real estate transaction, and use those numbers throughout the transaction.

3. Even if it looks or sounds legitimate, do not act on a change of wiring or EFT instructions that you receive electronically (via e-mail) or via phone call. If your real estate transaction will utilize wiring or EFT of funds, and you (or your client) receive an instruction change about wiring or EFT of funds, call the real estate agent or escrow officer by phone at the known number you obtained at the start of the transaction and verify new instructions before sending money. Better yet, if there is a wiring or EFT instruction change, instead make payment in person using cashier’s check!

4. Do not send personal information (bank account numbers, credit card numbers, social security numbers, and financial details) by personal e-mail or text. Take steps to use a secure, encrypted site to send personal information, or provide this information in person.

If you (or your clients) are victimized, it is critical that you or your client contact your depository institution and the Federal Bureau of Investigations (FBI) immediately in order to have a chance at halting the criminal transfer. File a report with the FBI by calling a local FBI office or reporting online at FBI Internet Crime Complaint Center.  Their web site is: bec.ic3.gov

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    Real Estate

    Three Sarcramento Attorneys Arrested For Mortgage Scam

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    Attorney General Kamala D. Harris  announced the arrests of  Sacramento  attorneys that took thousands of dollars in up-front loan modification fees for services that were never performed for homeowners, many of whom ended up losing their homes.

    Attorneys Gregory Flahive of El Dorado Hills, 39, Cynthia Flahive of Folsom, 41, and Mike Johnson of Elk Grove, 42, were arrested on 19 felony counts, including grand theft by false pretense, conspiracy and false advertising. They were booked at the Sacramento County Jail with bail set at $50,000 bail each.

    “Homeowners facing foreclosure are being targeted by predators, including those who use their law license to gain credibility and scam innocent Californians,” Attorney General Harris said. “My office’s Mortgage Fraud Strike Force is dedicated full-time to cracking down on these deceptive practices and protecting homeowners from fraud like this.”

    Gregory and Cynthia Flahive, ex-spouses and owners of Flahive Law Corporation, and Johnson, the firm’s managing attorney, took up-front fees of up to $2,500 from homeowners in Placer, Sacramento, Butte and Yuba counties for loan modification services that were never performed. In California, it is illegal for foreclosure consultants to collect money for services before they are performed.

    The Folsom-based law firm advertised their services on flyers, radio and televised infomercials, offering to provide loan modification services and help clients with bankruptcy, IRS tax relief and credit card modification.

    In a 2010 infomercial, the Flahives said that, as a law firm, they had “extra leverage” with the banks. They described one of their unique services as a “mortgage violation audit” in which they reviewed a client’s loan documents to find bank violations that could be used as leverage to modify a client’s home loan.

    In fact, the investigation revealed that, in some instances, the client’s lender had no record of contact with the Flahive Law Corporation.

    Former clients of the Flahive Law Corporation filed complaints with the Attorney General’s office, as well as with the Better Business Bureau and the State Bar of California.

    The State Bar of California launched an investigation, which was turned over to the Attorney General’s Mortgage Fraud Strike Force in summer 2011.

    In one example of the firm’s deceptive practices, a victim who sought to lower his mortgage payments was told by Gregory Flahive to reject his lender’s offer of modification. The homeowner was told the Flahive Law Corporation could secure a better interest rate, reduce his principal, and possibly get his second mortgage eliminated. Four months later, the victim lost his home to foreclosure.

     

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    The Nigerian Letter or “419” Scam


    I wrote a blog about the Nigerian scam sometime ago.  I’m repeating this warning from the FBI since I know someone who fell for this scheme.  The person would not tell me how much he lost, and he was somewhat sheepish about it.

    So anyhow, here goes, hopefully it will prevent someone from going off the deep end and losing a lot of money to these dirt bags.

    “Nigerian letter frauds combine the threat of impersonation fraud with a variation of an advance fee scheme in which a letter mailed from Nigeria offers the recipient the “opportunity” to share in a percentage of millions of dollars that the author—a self-proclaimed government official—is trying to transfer illegally out of Nigeria. The recipient is encouraged to send information to the author, such as blank letterhead stationery, bank name and account numbers, and other identifying information using a fax number provided in the letter. Some of these letters have also been received via e-mail through the Internet. The scheme relies on convincing a willing victim, who has demonstrated a “propensity for larceny” by responding to the invitation, to send money to the author of the letter in Nigeria in several installments of increasing amounts for a variety of reasons.

    Payment of taxes, bribes to government officials, and legal fees are often described in great detail with the promise that all expenses will be reimbursed as soon as the funds are spirited out of Nigeria. In actuality, the millions of dollars do not exist, and the victim eventually ends up with nothing but loss. Once the victim stops sending money, the perpetrators have been known to use the personal information and checks that they received to impersonate the victim, draining bank accounts and credit card balances. While such an invitation impresses most law-abiding citizens as a laughable hoax, millions of dollars in losses are caused by these schemes annually. Some victims have been lured to Nigeria, where they have been imprisoned against their will along with losing large sums of money. The Nigerian government is not sympathetic to victims of these schemes, since the victim actually conspires to remove funds from Nigeria in a manner that is contrary to Nigerian law. The schemes themselves violate section 419 of the Nigerian criminal code, hence the label “419 fraud.”

    Tips for Avoiding Nigerian Letter or “419” Fraud:

    • If you receive a letter from Nigeria asking you to send personal or banking information, do not reply in any manner. Send the letter to the U.S. Secret Service, your local FBI office, or the U.S. Postal Inspection Service. You can also register a complaint with the Federal Trade Commission Complaint Assistant. 
    • If you know someone who is corresponding in one of these schemes, encourage that person to contact the FBI or the U.S. Secret Service as soon as possible.
    • Be skeptical of individuals representing themselves as Nigerian or foreign government officials asking for your help in placing large sums of money in overseas bank accounts.
    • Do not believe the promise of large sums of money for your cooperation.
    • Guard your account information carefully.

    Source The FBI

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    Real Estate

    Real Estate Investor Busted – Sacramento, California

    English: The Seal of the United States Federal...

    SACRAMENTO, CA—A real estate investor pleaded guilty today in United States District Court in Sacramento to conspiring to rig bids and commit mail fraud at public real estate foreclosure auctions held in San Joaquin County, Calif ., Sharis A Pozen, Acting Assistant Attorney General of the Department of Justice’s Antitrust Division, and Benjamin B Wagner, United States Attorney for the Eastern District of California, announced.

    Kenneth A Swanger pleaded guilty to conspiring with a group of real estate speculators who agreed not to bid against each other at certain public real estate foreclosure auctions in San Joaquin County. The primary purpose of the conspiracy was to suppress and restrain competition and to obtain selected real estate offered at San Joaquin County public foreclosure auctions at noncompetitive prices, the department said in court papers.

    According to the court documents, after the conspirators’ designated bidder bought a property at a public auction, they would hold a second, private auction, at which each participating conspirator would bid the amount above the public auction price he or she was willing to pay. The conspirator who bid the highest amount at the end of the private auction won the property. The difference between the price at the public auction and that at the second auction was the group’s illicit profit.
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    Real Estate

    Protect Yoursef Aganist Mortgage Fraud

    California Attorney General Kamala D. Harris
    California Attorney General Kamala D. Harris

    5 Tips to Avoid Being Scammed

    1. Don’t pay up-front fees. Foreclosure consultants are prohibited by law from collecting money before services are performed.
    2. Don’t ignore letters from your lender or loan servicer. Responding to those letters is your best bet for saving your house.
    3. Don’t transfer title or sell your house to a “foreclosure rescuer.” Beware! This is a scam to convince homeowners they can stay in the home as renters and buy their home back later. It might also be part of a fraudulent bankruptcy filing. Either way, a scammer can then evict the victim and take the home.
    4. Don’t pay your mortgage payments to anyone other than your lender or loan servicer. Mortgage consultants often keep the money for themselves.
    5. Never sign any documents without reading them first. Many homeowners think that they are signing documents for a loan modification or for a new loan to pay off the mortgage they are behind on. Later, they discover that they actually transferred ownership of their home to someone who is now trying to evict them.

    Where Do I Report Fraud or File a Complaint?

    File a complaint with the California Attorney General’s Office.

    File a complaint with the Federal Trade Commission.

    If your complaint is against a real estate broker, visit the Department of Real Estate website.

    If your complaint is against an attorney, visit the State Bar of California website.

    You may also wish to consider filing a Small Claims Court action. These are informal courts where disputes are resolved quickly and inexpensively by a judge. You can recover up to $7500 in Small Claims Court. You represent yourself and can request a judgment for monetary damages. Visit the California Courts Self-Help Center for further information.

    Source: Attorney General of California

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    Real Estate

    Another Arrest in Nationwide 6$ Million Loan Modification Scam

    December 7, 2011

    LOS ANGELES— Attorney General Kamala D. Harris today announced the arrests of two Southern California men who, under the guise of an attorney-backed loan modification company, collected more than $6 million from homeowners nationwide for services that were never performed.

    Christopher Fox, 37, of Laguna Niguel and Curtis Melone (AKA Curtis Kubat), 37, of Huntington Beach were arrested Tuesday on 37 felony counts, including conspiracy, grand theft and unlawful collection of advance fees. They are being held at the Orange County Jail on $500,000 bail and will be arraigned today in Orange County Superior Court.

    Fox and Melone – along with King Harris III, 42, of St. Louis, Missouri – collected more than $6 million in up-front fees through Orange County- based Green Credit Solutions. The Attorney General’s office will seek extradition of Harris, who currently faces federal mail and wire fraud charges in Missouri.

    “Homeowners continue to struggle throughout California and across the country to hang onto their homes, and this prosecution is another warning to predators who would seek to profit from their distress: this kind of criminal conduct will meet with swift and certain consequences,” Attorney General Harris said. “Homeowners should never pay up-front fees to reduce their loans. Californians who face mortgage difficulties should instead contact a non-profit housing counselor, either through www.HUD.gov or a local non-profit housing clinic, to learn about the mortgage process and their rights as homeowners.”

    In June 2009, the Attorney General’s office launched an investigation of Orange County- based Green Credit Solutions – later renamed Guardian Credit Services and Get My Credit Grade – in response to numerous consumer complaints filed with the office, as well as with the Better Business Bureau, the California Department of Real Estate and the State Bar of California.

    Through witness interviews, analysis of the company’s marketing materials, and its business and financial records, DOJ investigators uncovered a scheme in which thousands of victims paid $3,500 for what they believed were attorney-backed loan modification services to reduce their interest rates, monthly payments or principal balance.

    From November 2008 to October 2009, Fox, Melone and Harris collected more than $6 million from thousands of homeowners across California and nationwide. Victims were told their funds would be held in a so-called “attorney escrow account” until services were completed. In fact, those fees were often deposited into the account of a disbarred attorney and then promptly transferred to GCS.

    Likewise, the company fraudulently claimed that loan modification services would be performed by attorneys; Harris is a disbarred Tennessee attorney and marketing materials referred to his alleged partners at the defunct law firm of “Smith Harris PLLC.”

    In May 2011, Attorney General Harris formed a Mortgage Fraud Strike Force to investigate and prosecute mortgage fraud. In August, the Strike Force filed its first suit against a law firm that took millions from desperate homeowners: Click to view

    The complaint is attached to the online version of this release at http://oag.ca.gov/

     

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    Real Estate

    Mortgage Fraud Remains Rampant, FBI Says

    About $10 billion in originated loans last year contained fraudulent information, according to CoreLogic.

    “The current and continuing depressed housing market will likely remain an attractive environment for mortgage fraud perpetrators who will continue to seek new methods to circumvent loopholes and gaps in the mortgage lending market,” said a new report from the Federal Bureau of Investigation (FBI) that cited CoreLogic’s figures.

    The most prevalent mortgage fraud schemes include fraud involving loan origination, foreclosure-rescue initiatives, short sales, property flipping, equity skimming, builder bailouts, and reverse mortgages, the FBI says. Additionally, it’s finding many of the mortgage fraud schemes have a strong connection to organized crime.

    “There have been numerous instances in which various organized criminal groups were involved in mortgage fraud activity,” the FBI says. “Asian, Balkan, Armenian, La Cosa Nostra, Russian, and Eurasian organized crime groups have been linked to various mortgage fraud schemes, such as short sale fraud and loan origination schemes.”

    Source: “Mortgage Fraud Remains Prevalent, Organized Crime Involved: FBI,” HousingWire (Aug. 12, 2011)

     
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    Real Estate

    Short Sale Fraud Rampant, Investigators Say

    Caution protect yourself against mortgage relief scams
    Picture courtesy of Utah Home Group

     

    Lenders are losing out on thousands of dollars–sometimes within just mere hours–due to short sale fraud, which is skyrocketing and plaguing the housing market, investigators say.

    In one of the most common short sale scams, an investor submits a low offer on a home that is underwater, in which the borrower owes more on the mortgage than the home is currently worth. Scam artists, working with the investor, present the lowball offer to the lender, asking for a short sale to be completed. Appraisals or broker price opinions may be manipulated to help persuade lenders to do the short sale (one common method: Misstating the home’s location so that the home is compared to lower cost homes).

    The lender agrees to the short sale, but is unaware that there is really a higher bid on the home from a legitimate buyer. Once the lender approves the short sale, the scammer then resells the home to the higher, legitimate bidder–often on the same day.

    “These same-day resales are on average nearly $50,000 greater than the lender agreed upon short-sale price,” said Tim Grace, senior vice president of product management and analytics at CoreLogic. Short sale fraud is expected to cost lenders more than $375 million this year, which is an increase of more than 20 percent from last year, according to CoreLogic.

    Last year, fraud associated with short sales comprised half of all fraud investigations for mortgage companies like Freddie Mac, said Robert Hagberg, an investigator for Freddie Mac.

    Source: “Short Sale Fraud Plagues the Housing Market,” CNNMoney (July 14, 2011) 

     

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    Real Estate

    Deutsche Bank AG Sued for Fraud by the Justice Department

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    Deutsche Bank chief executive Josef Ackermann
    Deutsche Bank chief executive Josef Ackermann

    The United States has filed a civil mortgage fraud lawsuit against Deutsche Bank AG and its wholly owned subsidiary, MortgageIT Inc.  The government’s complaint seeks damages and civil penalties under the False Claims Act for repeated false certifications made to the U.S.

    According to the government’s complaint filed May 3, 2011 in Manhattan federal court: Between 1999 and 2009, MortgageIT was an approved direct endorsement lender, and endorsed more than 39,000 mortgages for FHA insurance, totaling more than $5 billion in underlying principal obligations. These mortgages were highly marketable for resale to investors because they were insured by the full faith and credit of the United States. MortgageIT and Deutsche Bank, which acquired MortgageIT in January 2007, made substantial profits through the resale of these endorsed FHA-insured mortgages.

    Stated  in the complaint, MortgageIT repeatedly made false certifications to HUD to obtain approval of mortgages that MortgageIT underwriters wrongfully endorsed for FHA insurance.  These mortgages were not eligible for FHA insurance under HUD rules.  Notwithstanding the mortgages’ ineligibility, underwriters at MortgageIT endorsed the mortgages by falsely certifying that they had conducted the due diligence required by HUD rules when, in fact, they had not.  By endorsing ineligible mortgages and falsely certifying compliance with HUD rules, MortgageIT wrongfully obtained approval of these ineligible mortgages for FHA insurance, thereby putting millions of FHA dollars at risk.

    To date, the Federal Housing Administration (FHA) has paid insurance claims on more than 3,100 mortgages, totaling $386 million, for mortgages endorsed by MortgageIT. Total claims against Deutsche Bank AG could cost well over $1.15 billion dollars.

    The government’s complaint seeks treble damages and penalties under the False Claims Act for the insurance claims already paid by HUD for mortgages wrongfully endorsed by MortgageIT through the false statements of Deutsche Bank and MortgageIT.  In addition, the United States seeks compensatory and punitive damages under the common law theories of breach of fiduciary duty, gross negligence, negligence and indemnification for the insurance claims that HUD expects to pay in the future for mortgages wrongfully endorsed by MortgageIT as a result of Deutsche Bank’s and MortgageIT’s false statements

    My take on this is, it’s about time the banks paid for the mess that they have gotten us into. Like I’ve said many times, its not the mortgage brokers or the real estate agents who set the lending standards, it was the banks. I’ve talked to many people who were in the lending side of the banks. They were told to just make the loan, we don’t care if they can pay it back. What do you think?

    Source The United States Department of Justice

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    Real Estate

    Priest Arrested In $2.4 Million Real Estate Scheme

    According to the Chicago Tribune “A Michigan man who defrauded real estate developers and churches of more than $2.7 million while presenting himself as a priest associated with the University of Notre Dame has been sentenced to 11 years in prison.

    Byron “Father Barney” Canada, 62, of Berrien Springs, Mich., was sentenced Thursday in federal court in South Bend, the South Bend Tribune reported. Canada pleaded guilty in March to 24 counts including wire fraud, money laundering and criminal conspiracy.

    Canada ran two lending corporations based in South Bend and through them bilked borrowers between 2004 and 2009, according to court documents.

    Canada collected upfront fees from borrowers including real estate developers, commercial developers and other businesses as well as churches seeking to pay for building projects, court documents said.

    He kept the fees, which ranged from $5,000 to $250,000, as advance payments for loans that his companies were incapable of financing, court documents said.”

    Amazing how someone representing themselves as a part of a church can swindle money.  I had a client several years ago who told me he was going to come into a large sum of money soon. I was building his home at the time and he kept telling me that he would soon have me building commercial buildings for him because he was soon going to come into a huge amount of money.  Later, he asked me if I was interested in making a lot of money?  I asked him how. He said all I had to do was give the “church member” $7,500 and get two other people to each invest $7,500 also.

    I said wait a minute, this a Ponzi scheme.  He did not believe me until I did an Excel chart for him, showing him that if everyone invested in his “church member’s” scheme, we would soon run out of people on earth to keep this “investment” going. After I showed him what was happening, I never heard about how much money he was going to make again! I’d always wondered how much money he lost.

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