Wednesday, January 13, 2016

Real Estate Agent Indicted In Alleged Scheme To Illegally Obtain, Then Record, Court Judgments To Create Appearance That Existing Home Mortgages Have Been Declared Void, Then Unload Purportedly Free & Clear Properties Onto Unwitting Homebuyers

From the Office of the U.S. Attorney (San Francisco, California):
  • An indictment returned by a federal grand jury in San Francisco was unsealed [], charging Robert Jacobsen with wire fraud and with engaging in financial transactions involving criminally derived proceeds, announced Acting United States Attorney Brian J. Stretch, [and others].

    According to the indictment, Jacobsen, 67, formerly of Lafayette, Calif., is alleged to have devised a scheme to defraud homeowners and mortgage holders. To accomplish this scheme, Jacobsen created a company called “American Brokers’ Conduit Corporation.” This company was not related to a mortgage originator known as “American Brokers’ Conduit,” which had originated mortgages in the Bay Area and elsewhere.

    Jacobsen, through intermediaries, gained control of homes with mortgage liens that secured loans originated by the real “American Brokers’ Conduit,” and then, again through intermediaries, sued the phony “American Brokers’ Conduit Corporation” in court, claiming that the legitimate mortgage liens were invalid.

    As he controlled both the plaintiff and the defendant in these lawsuits, he instructed the attorneys for both sides to enter into stipulated judgments, signed by the courts, resolving the lawsuits by purporting to declare the mortgage liens invalid. In so doing, he omitted to tell the courts that neither he nor any other person involved in the lawsuits was a legitimate representative of either the real “American Brokers’ Conduit” or the then-current owners of the liens.

    Jacobsen filed those agreements with the relevant county recorder’s offices, to give the appearance to anyone conducting a title search that the liens had been declared invalid by a court, and then sold the homes to unsuspecting buyers without paying off the original loans on the homes. Jacobsen kept the vast majority of the proceeds of these sales to himself, laundering the money through multiple bank accounts in the United States and in Belize, and buying property and a yacht with the money.

    Jacobsen successfully completed his scheme by selling two homes, one in Danville, Calif., and the other in San Francisco, for a total of over $1.6 million. He attempted the scheme on another home, in Monterey, Calif., which was last sold approximately 15 years ago for $2.5 million.