Sunday, April 08, 2007

Mortgage Lender Alleges Fraud In 149 Deals

A recent article in the Journal Gazette (Fort Wayne, Indiana) features a Federal lawsuit filed in December 2004 by mortgage lender ABN Amro filed against 15 partitcipants in a mortgage fraud scheme involving 149 houses and fraudulently obtained mortgages in Fort Wayne, Indiana. The lawsuit paints a story of three people who, wanting to get into real estate investing, were allegedly duped by the alleged scammers into buying, what was represented as, "turnkey" investments and obtained mortgages for $2.5 million more than what the properties were worth. All 149 mortgages ultimately went into default.

The participants in the alleged scams include Rex Wells, described as one of the biggest landlords in the Fort Wayne rental market, Justin Stuckey, the owner and broker at Maximum Mortgage in Fort Wayne, appraiser Greg Chevalier, who appraised each of the 149 houses, and James Pappas, a title closing agent and owner of Accelerated Title, where most of the sales were closed.

Amro’s suit claims breach of contract, fraud, negligence, breach of fiduciary duty, unjust enrichment, civil conspiracy, defrauding a financial institution, deception and criminal mischief. Further, any corporate insulation from personal liability that Stuckey and Pappas believe they have is also being attacked as Amro is requesting a court judgment that both be held personally liable.

To read more, see Mortgage fraud alleged in 149 transactions (Lawsuit blames price scheme; novice investors go bust)

To read ABN Amro's actual lawsuit, setting off their version of the facts, see First Amended Complaint - ABN Amro vs. Maximum Mortgage Inc., Stuckey, Wells, et al.
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