More Real Estate Fraud Stats from the FBI
Earlier today, the FBI released another new report detailing fraud in financial markets, including those related to real estate. The Financial Crimes Report for Fiscal Year 2007 covers corporate fraud, securities and commodities fraud, health care fraud, mortgage fraud, insurance fraud, mass marketing fraud, and asset forfeiture/money laundering.
As we know, financial crimes affect the economic security of all Americans, regardless of whether we feel safe and secure in our homes or not. Key findings presented in the new report include:
- By of the end of Fiscal Year 2007, 529 corporate fraud cases were being pursued by the FBI, several of which involve losses to public investors that individually exceed $1 billion.
- FBI securities and commodities fraud cases increased from 937 in 2003 to 1,217 in 2007, and resulted in $24 million in recoveries, $1.7 billion in restitution orders, and $202.7 million in fines in 2007.
- Through 2007, the 2,493 health care fraud cases investigated by the FBI resulted in 839 indictments and 635 convictions of health care fraud criminals.
- The 1,204 pending real estate and mortgage fraud cases in 2007 resulted in 321 indictments, 206 convictions, $595.9 million in restitution orders, and $21.8 million in recoveries.
- The FBI investigated 548 money laundering cases in FY 2007, resulting in 141 indictments, 112 convictions, $66.9 million in restitution orders, $2.2 million in recoveries, and $11.4 million in fines.
Although there are many mortgage fraud schemes, the FBI says it is focusing the majority of its efforts on those perpetrated by real estate industry insiders. In the report, the FBI says it is engaged with the mortgage industry primarily in identifying fraud trends and educating the public. Some of the upwardly trending real estate and mortgage fraud schemes include:
- Equity skimming
- Property flipping
- Mortgage-related identity theft
Equity skimming is a tried and true method of committing real estate fraud. Today’s common equity skimming schemes involve the use of corporate shell companies, corporate identity theft, and the use or threat of bankruptcy/foreclosure to dupe homeowners and investors. Property flipping is nothing new; however, once again law enforcement is faced with an educated criminal element that is using identity theft, straw borrowers, shell companies, along with a slew of industry insiders, to conceal their methods and override lender controls.
Filed under: FBI, Flipping, Identity Theft, Mortgage Fraud, Real Estate Fraud, Research, Straw Buyer



Now the pieces are starting to fit, Countrywide sent me a letter saying that all our private information was sold to a third party and the employee was fired!and they were compensating by lying and cheating us out of our home!! oh and 2 years at no charge for identity watch service, which i have already had but could not stand watching my life go in the toilet because all this GREED for the GREEN oh the price for that service was around 15.00 a month. Hey that’s why they needed to get bailed out. boy its funny beacuse i recieved that letter right around the exact time they sold my house, back to themselves and they could’nt have sent a letter telling me that! on the same day B of A helped them out 10/02/2008 a day i wont forget real soon. A trillion dollar and it was too much to ask for 2 more stamps thanks COUNTRYWIDE
Comment by Denise — February 14, 2009 @ 2:07 am
I need any suggestions about My Attorney she has not been right or fair
Part one
RE: RE: signature
Friday, January 28, 2010 11:00 pM
From:
“Nick Ramirez”
Add sender to Contacts
To: My Attorney
I spoke to you on the phone today about 3;00.pm requesting copies of the Motion for Summary Judgement filed by Argent, and Interrogatories and all Motion to Compel. I told you I need this ASAP so I can respond and file with the court on time you said that you will scanned them tontine that why I call you back to see if I can pick them up at your home. you are aware time is running out you have already put me were it can cost my case as my attorney you have made this case harder for me you have done noting you said you were going to do from the begging or the court told you to do and you have insult me from the begging and while I was working for you and to put these remarks about Debbie that had noting to do with any thing in this matter you were way out of line you should have known better as attorney that is unprofessional. It is now 10.00 pm.
:
Thursday, January 28, 2010 10:54 PM From: “Nick Ramirez” Add sender to Contacts To: ” My Attorney <
I need you to send me copies of the Motion for Summary Judgement filed by Argent, and Interrogatories and all Motion to Compel. I need this ASAP. If you are not going to respond then I have to.
Thank you
The reason I am posting is because we have work so hard and so close and for my attorney to put me in the line fire is not right summing need to be done
From: Nick Ramirez
Subject: RE: signature
Date: Tuesday, January 26, 2010, 11:13 PM
My Attorney
As I stated on the phone today, I would be willing to settle my case with Argent Mortgage Company, only if Argent agrees to the following terms.
1. Argent must admit that my signature on the Deed of Trust, loan application and all loan documents pertaining to this loan is forged.
2. That the Deed of Trust be considered void (not voidable) and invalid. (this is very important)
3. Argent must refund to me all fees that I was charged in association with this loan including but not limited to the Pre-Payment Penalty with interest. Amount to be determined.
4. Argent must pay all attorney fees associated with this case.
You stated to me on the phone that by Argent admitting to the forgery, the Deed would be invalid, and whoever currently holds the note could not foreclose. My understanding is that only a judge can declare a Deed void. Please confirm this.
I would prefer that we communicate via e-mail, so that I am clear on what we discussed and what I am agreeing to. Also, I am requesting that I be copied on any communications that you have with Argents attorneys.
Thank you, Nick Ramirez
From: Nick Ramirez
Subject: RE: signature
To: ” My Attorney
Date: Tuesday, December 22, 2009, 6:24 AM
To My Attorney
I will not take the offer from Argent Attorney.
Give me a call or email will be checking let no what next or if there any thing I can do for you
Thanks for the advice and good job at the meeting.
If I don’t hear from you before the end of the week hope you have a Merry Christmas
Nick Ramirez
1. nick, on January 28th, 2010 at 4:39 am Said:
Mr. Garfield
I need any suggestions My Attorney send this email today motion for summary judgment is scheduled for hearing on February 10, 2010.
As I already informed you, I am unable to oppose the motion 1) the causes of action as plead while you were representing yourself have no merit,
2.
Now this because I didn’t let Argent go and take the $7000 they were willing to give that she said I can give to her.
Note: Me and my girlfriend been fighting this case starting 2007 and file on time with the court and doing a good job going on three years. I hire a attorney in May 2009 give her $3,500 has not provide any she agreed to or done as require by he court or file on time after the first week she told me going withdraw from my case because I was not donig what she want to do and I did have a phone number where you can be reached my phone was off due to hard ship. Also me and my girl friend agreed to work for her filing and work on her house two days after we hire she had a fall out with my girl friend because she didn’t do what she wanted her do my girl friend did the best she could do. Around that time we were not getting along and to top it off my attorney didn’t her be involve in my case or have anything do with it and kick out of my house she was more worry about her than my case and as my attorney how can she say the thing in her email as you will read she has done noting but put me in the line of fire and trail is due this March
3.
One more thing I received a letter from the class action settlement involving Ameriquest and Argent and today I call the administrators and she told me I was in class one and five
I need any suggestions please read the last email so you can read about how ruled she is
Wednesday, January 27, 2010 9:00 AM
4.
From: My Attorney
To:
“‘Nick Ramirez’” <nick.ramirez80@yahoo.com
Nick,
When we spoke on the phone earlier today, you agreed to put in writing your decision to accept Argent’s settlement offer. (Provided, of course, that the offer was still on the table.) Once again, I am totally perplexed by your email, which includes numerous conditions on the settlement that we never discussed.
This appears to be yet another example of how you agree to follow my legal advice and/or authorize me to act on your behalf, only to later change your mind. I have already explained that it is difficult for me to conclude anything other than that you did not intend to follow through with your decision from the beginning. Fortunately, you (and Debbie) provided me with the unexpressed conditions before I contacted Argent regarding acceptance of the offer. After receiving your email, I do not intend to contact Argent and try to re-open negotiation at the 11th hour after Argent already indicated that it was the final offer.
Responding to each condition separately:
1. An “admission” by Argent that the Deed of Trust is forged is essentially worthless. What I suggested is proposing that Argent stipulate to allow you to amend your complaint to add a cause of action for declaratory relief. Basically, you request that the Judge make a ruling that the signature is forged. You would need to submit enough evidence to convince the judge to so rule. As I explained, this is important because it would force the current owner of your mortgage to pursue judicial foreclosure, without you having to initiate legal action to get an injunction against them.
2. Again, Argent cannot declare anything about the validity of the Deed. It requires a judicial declaration. I also do not understand why you and Debbie believe a distinction between void and voidable has any legal relevance.
3. You are now attempting to add a substantial amount of money to Argent’s offer by demanding all fees associated with the loan. I believe the mediator made it very clear that Argent was not willing to offer a higher amount. Furthermore, the mediator reiterated what I had already explained to you: Argent is confident that they will win their motion for summary judgment, meaning the case will be dismissed without any money judgment against Argent. Argent’s offer, as both the mediator and I explained, is based on the costs and attorney fees that Argent would incur in bringing the motion and completing discovery.
4. This also was never discussed in our phone conversation, and also attempts to add (presumably) significant amounts to the offer by Argent. Again, Argent made it clear during mediation that their offer was the highest they were willing to go. Even if Argent were willing to pay fees as part of its settlement offer, I should also add that it is only appropriate for you to ask for attorney fees that you actually paid. I will also point out again that your apparent belief that you are entitled to completely wipe out your mortgage AND reap tens of thousands of dollars in damages is not supported by any legal theory.
RE: Validity of Forged Deed of Trust
I have discussed this issue with you numerous times, so I am just providing you with the basics, not the detailed explanation I have provided in the past. As I explained above, if the Deed of Trust is forged, the entity who owns the loan would not be able to use non-judicial foreclosure process because without a valid deed of trust they do not have the power of sale. Even if the deed of trust is declared invalid as a forgery, it does not mean that you do not owe money to the current owner of the loan. The present owner would, however, have to use the judicial process to foreclose. Basically, the bank would go to court and ask the judge to give them an equitable lien for the amount that you still owe on the loan, then get the judge’s approval to sell the house in order to pay the amount owing. The basic premise is this: even if the deed of trust is forged, you received a substantial benefit (large loan that paid off your previous mortgage plus $60,000 cash), and you shouldn’t be allowed a huge windfall by not being required to pay the money back.
I have previously discussed several strategies with you. If the new owner tries to foreclosure judicially, you can counterclaim for any wrongdoing on the part of the new owner; any damages you win may offset the amount you owe the bank. (Keep in mind that since you have not given me the notice you received regarding transfer of your mortgage, I cannot be more specific about potential claims or liability of the new owner of the promissory note.) As I also pointed out, if through discovery you find that that the promissory note was also forged, the bank may be able to foreclose or get any monetary award. I have also suggested bankruptcy as a potential option; in a Chapter 13 reorganization, the loan is unsecured and would be paid off in full after completion of 3-5 year repayment plan. Unfortunately, you need to have an income to qualify for a chapter 13. Although you initially seemed to be open to considering these and other options, you eventually rejected my legal advice. I trust you understand how frustrating it is to hear that you trust information you read on the internet over my legal advice.
RE: Future Communications
First let me be frank: I am well aware that Debbie, not you, wrote the email. I am really losing patience with you and Debbie continuing to try to insult my intelligence by pretending otherwise. I have already advised you of the loss of attorney-client privilege, but if you choose to give up the confidentiality by sharing emails with Debbie, there is nothing I can do to stop you. As I also explained, however, you continue to put me in an untenable ethical dilemma when I know that someone other than my client is attempting to make decisions about the case by masquerading via your email address.
As if that were not enough, I previously provided a warning in writing regarding your contradictory instructions about sharing anything about your case with Debbie and the resulting ethical dilemma I have been placed in. Need I remind you of the emails and phone conversations, including references to Debbie as a cunt, bitch, etc., requesting that I provide legal representation to evict her from your home, relating your fear that you will end up in jail because you have been close to strangling her, etc.? Again I ask you: How can I simultaneously maintain your confidentiality and honor your desire to not reveal any information to Debbie because she is using you to get free rent — while at the same time communicate by email to an account that Debbie obviously has access to? We previously agreed that my continued representation was contingent on your promise not to allow Debbie to communicate with me using your name and email.
I also want to point out the irony in your request for me to communicate via email: You have not been responding to me emails despite your promises to check your email daily.
During the mediation session, which was preceded by yet another extended period of non-communication on your part, I indicated that I had no choice but to seek to withdraw from your case. I continued on as counsel of record only because you agreed to accept Argent’s settlement offer.
When you withdrew authorization to accept the settlement, and then refused to respond by phone or email, I scheduled a motion to be relieved as counsel. The hearing is scheduled for February 19, 2010 at 2:30 p.m. in Dept. 516, and you will receive notice in the mail.
Unfortunately, the motion for summary judgment is scheduled for hearing on February 10, 2010. As I already informed you, I am unable to oppose the motion because 1) the causes of action as plead while you were representing yourself have no merit, and 2) you have failed to pay the money promised to obtain evidence to support your claims, including having a mortgage audit conducted, and 3) you still have not provided the documents you promised to deliver months ago. This is not the first time that I have informed you of my belief that Argent will win their motion and be dismissed from the case. Although it makes no sense to me, you are certainly free to give up $7500 and disregard my advice based on your own analysis of the strength of your case.
From: My Attorney
1. Tuesday, August 18, 2009 5:51 PM
From: My Attorney
“nick ramirez”
View contact details
To:
”
Cc:
“nick Ramirez”
My Attorney
I would like you to read this letter with an open mind. The reason I am sending you this e-mail is so you can have an understanding about what I am feeling prior to us talking on the phone. This way you will know where I am coming from and we can go on from there.
I want to start out by saying that I do understand your frustration. But when we first met you did not want hear what I had to say and you said I talk to much so you and Debbie did all the talking I told you at that time that on one know these documents the way I do and at that time. I did have all of the documents in order in the two books were I spent many days looking over and found all the forged documents and the over charges with the money.
Also the letters from Argent Mortgage, and ACC Capitol Holdings Company a parent company of, Argent Mortgage in response to my complaint who also conduct a formal investigation alleging that the signatures on loan documents did not match and were forged. In there letters response to there finding that the signatures appear to be similar to my signature on my I.D. and Social Security Card and confirms that after a thorough investigation that there was no evidence of wrong doing.
The investigations done by Argent Mortgage and ACC Capitol Holdings were unfair, misleading
also all the letters from Pinnacle Financial Attorney were misleading, all long with AMC Argent Mortgage.
I can go on there is so much more we have all the documents to prove that why I don’t understand were we are at.
I want to tell you that I am frustrated as well. Hopefully after you read this we can come to some sort of understanding
As you know, this case is very important to me. I have worked hard my whole life. I was able to buy a home where I raised my boys and I have put my sweat and tears into my home. When I got hurt in 2005 everything changed. I was unable to work to make a living for myself and my kids, so when I met Shelly Poe she was the answer to my prayers. So I thought. I put my trust into her and that turned out to be the biggest mistake of my life. She took advantage of that trust and with the help of Argent Mortgage Company put me in a situation that was bound to fail. My signature was forged on legal documents. That is a crime. There is so much more that I think you should know, but you have never taken the time to sit down and really listen to what I have to say. I have spent many sleepless nights over this.
For the past two years, we have been very careful to do what we were supposed to do, and turn in papers to the court on time. I understand that without a law degree we could only go so far, and that is why I hired you. To take us the rest of the way. I need to know that you are on my side and that I can trust you. This is why I am so concerned about you not complying with the judge’s request for a updated status report. I understand that we have had a hard time communicating with each other, but you could of still filed the letter. I believe I did my part by paying the money that was order by the court . Also the days I work for you, I did the best job I can and more even your friends told you how good of a job I did and wanted my number and done other work for you walking your dogs when I took them I took care of them like if there were mind they are two good dogs I fell in love with them. Also going to city to city filing court documents making on time before it was to close driving fast putting self on the line this why I expect the same from you, which brings me to the second part of my letter.
I am very upset about the way you have been treating me. I have come to your house numerous times and worked very hard to please you. The way you talk to me is degrading and I will not tolerate any longer. You are constantly yelling at me. For example, F word like I did summing to you or any thing you don’t like ,what am I doing that is so bad , when I left your house the last time I was there before I left to go to file the court pagers you started yelling at me with the F word and actually told me to “Run, boy, Run can you boy make with only ½ hour before the court close Then called you from the court house and told you that there was nobody here, you started yelling at me using the F word and told me to “Run, boy, Run “to the side of the court house were I was lucky that a court clerks took the court pagers as she was going home.
I have never in my life had anyone speak to me the way you do. On more than one occasion, you had me rush out there, only to wait for hours for you to finish a document. My time is just as valuable as yours. Also, if I ask you to explain something to me, instead of explaining it again, you yell tell me that you don’t have time to go over anything twice and that I should of listened the first time. This is not rational behavior. I have always treated you with respect and I expect the same treatment from you. You have no right to raise your voice at me or degrade
You are supposed to make things easier for me, not make me feel like I am going to lose. I have always been so confident in what I am fighting for until I hired you. It seems you are trying to break my spirit. This will not happen. I am going to win this case because I have what it takes, and I need you, as my lawyer to believe that.
Lastly I would like to talk about Debbie. You no what I am dealing it is OS hard and to top it off with all of this I am about break . She has been by my side through this whole thing. We live together we might have our differences but I have always been able to depend on her and count on her to a point. We have made it this far together, and you even said that you were impressed by how far we have gotten. For me to blindly turn everything over to you and not be able to have her input has been very hard. It is unfair for you to give me that ultimatum. I am not saying that you have to work with her or even talk to her, but I don’t want you to put down her efforts or expect me not to discuss anything with her.
Like I said at the beginning. I hope you read this letter with an open mind and that we can move forward. I hired you because I know that you are very smart and you sounded as passionate as I am about putting a stop to these lenders.
Please My Attorney I ask you help
Thank you for taking the time to read my letter.
Comment by nick — January 29, 2010 @ 3:49 am