Compliance

Eight individuals have been charged with conducting an alleged Westchester County, N.Y.-area scheme that defrauded four separate families and two mortgage lenders of $1.4 million. Doreen Swenson and Hubert Hall of Tarrytown, N.Y., Mildred Didio of New York, David Reback of Rye Brook, N.Y., Eileen Potash of Fresh Meadows, N.Y., Frank Corigilano of Newtown, Conn., Amerigo DiPietro of Brewster, N.Y., and Wilma Shkreli of Westwood, N.J., have been charged with grand larceny, fraud and conspiracy. According to Westchester County district attorney Janet DiFiore, from December 2004 to January 2007, the defendants, who were unavailable for comment at press time, allegedly victimized four separate families in Croton-on-Hudson, Yorktown Heights, Cortlandt Manor and Mount Vernon along with two mortgage lenders, wherein they induced desperate property owners fearing the threat of foreclosure to deed their homes to "investors" with the promise that they could repurchase their property in 12 to 24 months. The defendants allegedly colluded to strip the property of its equity by obtaining inflated mortgages based on fictitious purchase prices using "show" checks to deceive the banks as to the actual purchase price. The defendants were arraigned in Westchester County Court and all pleaded not guilty. Their next court appearance will be on Sept. 9.

Another defendant in the fraud case involving $12.6 million mortgage fraud scheme that involved 25 upscale residential properties in Lee's Summit and Raymore, Mo., has pleaded guilty in federal court. According to Matt J. Whitworth, acting U.S. attorney for the Western District of Missouri, Jerome Shade Howard of Anaheim, Calif., pleaded guilty before U.S. Chief District Judge Fernando J. Gaitan to his role in a scheme to buy new homes built by Jerry R. Emerick at inflated prices, obtaining mortgage loans for more than the actual sale price by providing false information to mortgage lenders, then keeping the extra proceeds. Howard admitted that he received more than $900,000 in illegal kickbacks as part of nearly $8.5 million in fraudulent mortgage loans. Howard is among 12 defendants who have pleaded guilty to the scheme. Sentencing for Howard will be scheduled after the U.S. Probation Office completes a pre-sentence investigation. Emerick pleaded guilty in April to conspiracy to commit mortgage fraud and wire fraud and to transfer funds obtained by fraud across state lines.

The mortgage banking firm Taylor, Bean and Whitaker, which recently ceased making mortgages, originated an estimated $22 billion in Federal Housing Administration-insured loans over the past 24 months, which represents 4.5% of the FHA's total business during that period. TBW was FHA's third largest direct endorsement lender and it approved 119,800 loans over the past two years. However, 7.1% of those FHA-insured loans are 90 days or more past due or in foreclosure, according to FHA's Neighborhood Watch System. The average default rate for FHA loans is 4.6%. Based on a higher than average claim rate and loss severity rate of 40%, FHA could face possible losses of $800 million to $900 million due to its exposure to TBW, one source said. As previously reported, the Department of Housing and Urban Development on Aug. 4 suspended the Ocala, Fla., mortgage banking firm from making FHA loans. Freddie Mac also terminated TBW on Aug. 4. In a recent securities filing, Freddie said approximately 5.2% of its mortgage purchase volume in 2008 came from TBW and TBW accounted for 2.7% of its mortgage purchases during the first half of this year.

Mark M. Mr. Benun of New York has been charged with fraudulently selling a Bronx building for more than $5 million and not disclosing several liens on the property. According to Preet Bharara, U.S. attorney for the Southern District of New York, Mr. Benun and a real estate company operator purchased a commercial property in the Bronx near Yankee Stadium for $9.5 million. Mr. Benun, purporting to be the sole owner of the property, allegedly sold it for approximately $5.96 million to another buyer, who paid $4 million in cash and gave Mr. Benun a note for the remaining $1.96 million. Shortly after the sale, Mr. Benun is alleged to have sold the note for $1.46 million. To establish his apparent sole ownership of the building, Mr. Benun allegedly created false satisfactions of the three mortgages on the property and transferred ownership of his co-purchaser's majority interest in the property to himself. U.S. District Judge Victor Marrero has been assigned to the case. Mr. Benun was unavailable for comment.

The new Federal Housing Administration commissioner said the suspension of Taylor, Bean & Whitaker should send a clear message to the mortgage industry that FHA will not do business with lenders that don't play by the rules. "If you don't operate within our standards — if you don't act transparently and ethically — we won't do business with you," FHA commissioner David Steven said in a recent speech that was just released by the agency. The Department of Housing and Urban Development suspended TBW from making FHA single-family loans on Aug. 4 after it learned the Ocala, Fla.-based lender failed to provide financial statements and did not disclose that it was the target of two separate investigations. Shortly afterwards, TBW ceased originating loans. On Aug. 14, Mr. Stevens told a Housing Renaissance meeting in San Diego that FHA will improve lender monitoring as well as tighten product guidelines and counterparty requirements to "ensure the strength of the FHA Mutual Mortgage Insurance Fund over the long term."

Jake David Abegg Whitman of Mesa, Ariz., pleaded guilty to federal fraud charges related to his participation in a cash-back mortgage fraud scheme involving 19 unimproved residential properties in the greater Phoenix area. According to John J. Tuchi, U.S. attorney for the District of Arizona, Whitman played a leadership role in a conspiracy to obtain mortgage loans that were substantially larger than the actual value of the properties. Whitman owned 10 of the properties and served as branch manager of the mortgage broker Academy Mortgage that processed the loans. Whitman worked with an appraiser to obtain inflated appraisals for the properties and recruited buyers to purchase the properties at the inflated prices. To overcome the buyers' inability to provide the down payment, Whitman secretly supplied the down payment to the buyers and also provided cash back to the buyers at closing. The properties eventually went into foreclosure and cost lending institutions nearly $1 million in losses. Whitman is cooperating with authorities in the prosecution of others. U.S. District Judge G. Murray Snow has scheduled sentencing for Oct. 26.

Robert Andrew Penn and Keven M. Lafavers, both formerly of Indianapolis, were indicted for federal mortgage fraud charges and have a trial date set for this fall. According to Timothy M. Morrison, U.S. attorney for the Southern District of Indiana, Mr. Penn and his numerous business entities, with the assistance of Mr. Lafavers and others, allegedly obtained at least 112 fraudulent loans, totaling $12.6 million. Participants in the schemes allegedly located straw purchasers who invested their good credit, but no money, to be the purchasers of properties at a much higher price than that negotiated with the seller. Seven other individuals were charged earlier this year with allegedly participating with Mr. Penn and Mr. Lafavers in their mortgage fraud crimes. The investigation is continuing. Trial is currently set for both defendants, who were unavailable for comment, before U.S. District Court Judge David F. Hamilton on Sept. 21.

U.S. District Judge Raymond A. Jackson sentenced Kristina Marie Cardwell, a former attorney from Virginia Beach, Va., to 66 months in prison, followed by three years of supervised release for her participation in a mortgage fraud scheme. Cardwell was also ordered to pay $708,339 in restitution. Cardwell also consented to her license to practice law being revoked. According to Dana J. Boente, U.S. attorney for the Eastern District of Virginia, Cardwell worked at law firms associated with co-defendant Troy Aurelius Titus for nearly 10 years. She admitted to purchasing three residential properties in Virginia Beach from entities associated with Mr. Titus. She purchased the properties in her own name and received mortgages on the properties, although she intended for Mr. Titus to retain control over the properties and sell them to third parties at a later time. The funds taken from Cardwell's purchases were allegedly used to cover some of Titus's financial obligations. While applying for the mortgages, Cardwell made false statements about her income, assets and financial liabilities. During the application process, thousands of dollars were moved into Cardwell's bank account to inflate her account balance then moved out of the account. Mr. Titus, who is currently in custody, is scheduled to appear in court on Nov. 10 and could not be reached for comment.

Wolters Kluwer Financial Services, Minneapolis, is offering banks, credit unions and mortgage lenders a "tool kit" aimed at helping them prepare for new Real Estate Settlement Procedures Act requirements. The company said its RESPA Tool Kit offers financial institutions an overview of the Department of Housing and Urban Development's changes. These include revisions to the Good Faith Estimate and HUD-1 and HUD-1A documents, as well as Settlement Cost booklets. The new RESPA requirements are slated to take effect on Jan. 1, 2010. Wolters Kluwer Financial Services provides compliance, content, and technology services.

After being indicted in June on multiple fraud charges, Hayung Peter Jin, a loan broker from Centreville, Va., pleaded guilty before U.S. District Judge James C. Cacheris and faces sentencing later this year. According to Dana J. Boente, U.S. attorney for the Eastern District of Virginia, Jin operated Business Capital and Investments, a loan brokerage business that served primarily Korean Americans in the Washington metropolitan area. Jin was involved in two separate fraud schemes. In one scheme, Jin convinced a former client to sell his home to a South Carolina businessman who had never agreed to purchase the home. Jin then used the businessman's name and Social Security number to obtain financing for the bogus purchase, plus additional home equity loans in the businessman's name. Jin fraudulently obtained $620,000 in financing. In the other scheme, Jin convinced a local businesswoman that he had obtained four borrowers who wanted to borrow $360,000 from her, when in fact the alleged borrowers had never agreed to such an arrangement. Jin forged four promissory notes and gave them to the businesswoman to induce her to transfer the $360,000 under the false promise that Jin would transfer the funds to the four "borrowers." Jin then kept the funds for himself. Sentencing has been set for Nov. 13.

After being found guilty of fraud and money laundering charges in connection to participating in a commercial mortgage fraud scheme, Larry P. Nardelli of Tampa, Fla., has been sentenced to 48 months in federal prison and ordered to pay $26.3 million in restitution. According to A. Brian Albritton, U.S. attorney for the Middle District of Florida, Nardelli and his co-conspirators agreed to purchase and immediately "flip" vacant land for double the money by falsely obtaining loans for the land. Nardelli entered into sham contracts that falsely represented to victim banks that the contract proceeds gave him the equity necessary to purchase the vacant land. The banks unwittingly loaned money for approximately 140% of the value of the land. The conspirators then purchased the land and distributed the excess funds among themselves in various amounts. The loans went unpaid. Two co-conspirators, Michael Tringali and closing attorney John Yanchek previously pleaded guilty and have been sentenced. One conspirator, Neil Mohamed Husani is in Jordan, and efforts are underway to extradite him back to Florida for prosecution.

The first of four participants in a foreclosure fraud scheme that targeted mortgage lenders and homeowners has been sentenced to nearly five years in prison. U.S. District judge Deborah K. Chasanow has sentenced Earnest Lewis of Takoma Park, Md., to 54 months in prison, followed by three years of supervised release. The defendant also agreed to forfeit $2.2 million gained from the scheme. According to Rod J. Rosenstein, U.S. attorney for the District of Maryland, Earnest Lewis' brother, Michael Lewis, aired TV ads claiming he could save financially vulnerable individuals' homes from foreclosure. The Lewis brothers and mortgage loan officer Winston Thomas fraudulently promised to help homeowners keep their homes by temporarily using the "good credit" of Earnest Lewis to refinance their homes after they signed their homes over to Earnest Lewis for roughly one year. In the meantime, they could remain in their homes by paying "rent." The victims' bank accounts were directly debited by an account belonging to co-conspirator Cheryl Brooke's company, In the House Technologies. Michael K. Lewis, Brooke and Thomas have all pleaded guilty and are scheduled for sentencing in September.

The Department of Housing and Urban Development has issued guidance to give settlement service providers a better understanding of a RESPA rule that goes into effect January 1, but it doesn't get into the more complicated issues that some lenders and title companies are "grappling with," one expert said. RESPA attorney Phillip Schulman noted that the written responses HUD has provided to frequently asked questions will be "informative and instructive" for those who are not familiar with the Real Estate Settlement Procedures Act rule. However, the new RESPA rule completely revises the HUD-1 settlement sheet and requires lenders to provide a standardized good faith estimate disclosure to mortgage applicants. "For lenders and title guys who have been struggling to put the software together — to be able to complete the revised HUD-1 and GFE — the instructions were lacking," Mr. Schulman said. The K&L Gates Washington partner is hoping HUD will do a second round of frequently asked questions to address some of the more difficult issues.

A real estate company owner who obtained over $4 million in mortgage loans through fraudulent means has pleaded guilty to his role in the scam. Michael I. Striker of Minnetonka, Minn., was the president and sole owner of U.S. Equities of Minnesota, a real estate company that entered into 21 real estate loans with Associated Bank from March 2003 to September 2003, according to Frank J. Magill, U.S. attorney for the District of Minnesota. A co-defendant was a construction loan officer at the bank who processed and approved the loans, which totaled more than $4 million. Striker admitted those loans were approved based on false and misleading information he submitted. In total, Striker obtained more than $724,000 in cash back at the closings on the loans. Although the loans were purported to be for construction rehab projects, Striker admitted he used some of the loan funds for unrelated expenses and debts. Furthermore, Striker paid more than $100,000 in brokerage fees to a mortgage brokerage company even though it did not broker any of the loans. U.S. District Court Judge Joan Ericksen will determine his sentence at a future date.

ComplianceEase has awarded four technology partners its highest certification level in recognition of their ability to help their customers prepare loan data for transmission electronically to state regulators through RegulatorConnect.org, the ComplianceEase automated compliance system selected by the American Association of Residential Mortgage Regulators to help improve oversight of the mortgage business. Lender Processing Services, Lender Support Systems, Mortgage Banking Systems and ProLender Solutions received the Platinum Partner Certifications at AARMR's annual conference in Savannah, Ga. Compliance Ease, a provider of compliance and risk management tools, introduced the certification program earlier this year to help lenders adapt to the new automated residential mortgage examination initiatives introduced by AARMR and the Conference of State Bank Supervisors. The certification requires recipients to provide its users with secure, one-click export of 100% of the loan information necessary for the examinations while also offering up-to-date, seamless loan-level compliance audits through Compliance Analyzer, another ComplianceEase platform.

In what is being hailed as practically warp speed for legislation, all but two states have now acted to implement provisions of the federal Secure and Fair Enforcement for Mortgage Licensing Act. Signed by President Bush on July 30, 2008, the SAFE Act gave states one year to pass laws requiring the licensing of loan originators according to national standards and start participating in the National Mortgage Licensing System. As of Aug. 8, 48 states and the District of Columbia have done so. California is expected to comply this month or next, leaving Minnesota as the lone holdout. The states have been aggressive, Bill Matthews, president of the Conference of State Bank Supervisors' subsidiary which runs the NMLS, said at the American Association of Residential Mortgage Regulators' annual conference in Savannah, Ga. "You tell me anytime in history that all states have acted so quickly? This is a huge lift," he said. AARMR Secretary Rod Carnes of North Carolina's Department of Banking and Finance, agreed: "I think this speaks volumes for the states." Mr. Matthews said CSBS is now in the process of adding "functionality" to meet the SAFE Act's other requirements, including a streamlined renewal component and consumer access.

A federal jury has convicted Lila Rizk of Trabuco Canyon and Kyle Grasso, formerly of Santa Monica, of conspiracy, bank fraud and loan fraud charges for their roles in a scheme that led to more than $40 million in losses at federally insured depositories. According to a report in The Orange County Register, Grasso, a real estate agent, also was convicted of three counts of money laundering. The duo were part of a scheme that obtained inflated mortgage loans on luxury houses, with Grasso earning commissions and other payments and Rizk, an appraiser, earning fees. Donald Marks, an attorney for Rizk with Marks & Brooklier in Century City, said, "We are very disappointed in the jury verdict. We think our case was very defensible. We think we raised reasonable doubt, and we think she is not guilty. We will continue fighting on her behalf." Mr. Marks said he would appeal the verdict. A lawyer for Grasso was not immediately available for comment. Eight others involved previously pleaded guilty.

A former Florida appeals court judge who pleaded guilty to defrauding a bank that loaned him money to purchase a residence in Hawaii is awaiting assignment of a sentencing date. According to A. Brian Albritton, U.S. attorney for the Middle District of Florida, Thomas E. Stringer of Tampa pleaded guilty to one count of bank fraud before Magistrate Judge Mark A. Pizzo. Stringer falsified his mortgage application for the residence by claiming that he had borrowed none of the money he was using for the downpayment, when in fact he had borrowed funds from a third party. The U.S. intends to seek forfeiture of $222,362, the amount of the proceeds from the fraud. A sentencing date has not been set.

Allied Home Mortgage Capital Corp., Houston, has entered into a consent order with the Georgia Department of Banking and Finance over allegations it transacted business in the state with a person who was unlicensed or unregistered. Back in June, the Department sought to revoke Allied's license and served cease and desist orders on company co-owners Jim Hodge and Kathy Hodge. This consent order settles those charges. The order calls on Allied to provide "an appropriate level of supervision" to its employees, perform background checks on new employees no later than 10 days after hiring and give $1,000 to State Registry LLC, to support the Nationwide Mortgage Licensing System. State Registry LLC is a subsidiary of the Council of State Bank Supervisors, which operates NMLS along with the American Association of Residential Mortgage Regulators. A call to Allied for comment was not returned by press time.

Colonial BancGroup Inc. said it is the target of a U.S. Department of Justice criminal investigation relating to its mortgage warehouse lending business. The Montgomery, Ala., company said it is cooperating with the investigation which concerns accounting irregularities on more than one year's audited financial statements and regulatory financial reports. The company also revealed it has provided documents to the Special Inspector General for the Troubled Asset Relief Program and the Securities and Exchange Commission. A Justice Department spokesman said the agency is not commenting on Colonial. Colonial also said its bank subsidiary received notice that the Alabama State Banking Board will meet on Aug. 12 at which time Colonial Bank will be asked to consent to the appointment of the Federal Deposit Insurance Corp. as receiver or conservator if and when the state regulator deems necessary. This news wraps a bad week for Colonial as it reported the death of its recapitalization deal with Taylor, Bean & Whitaker, a $606 million second quarter loss, and a raid by the TARP IG on its warehouse office in Orlando as well as the abrupt closing of TBW.