Wednesday, March 11, 2009

California Caretaker Charged With Draining Equity From 84-Year Old Woman's Home, Leaving Her Underwater & Facing Foreclosure

In Huntington Beach, California, the Los Angeles Times reports:
  • The live-in caretaker of an 84-year-old Huntington Beach woman allegedly took out fraudulent loans in her name, bilking the older woman out of about $200,000 and putting the woman's home in danger of foreclosure, authorities said Tuesday. Cindi Dee Powell, 54, has been charged with financial elder abuse, grand theft, identity theft, vehicle theft, fraud and forgery. She remains in custody.

  • According to police, Powell moved in with Constance Wakefield about two years ago to help the woman, who uses a wheelchair, around the house and drive her to appointments. Wakefield hired Powell through a classified ad and was not aware that Powell was on probation in another elder abuse case.

For more, see Live-in caretaker charged with financial elder abuse, fraud and forgery (Police say Cindi Dee Powell bilked an 84-year-old Huntington Beach woman out of about $200,000 and put the woman's house at risk of foreclosure).

Go here, Go here, Go here, Go here, Go here, and Go here for other posts related to deed or refinancing scams by forgery, swindle, power of attorney abuse, etc.

Go here, here, here, here, here, and here for other posts on elder financial abuse. FinancialAbuseOfElderlyAlpha DeedGammaTheft

Tuesday, March 10, 2009

Brooklyn DA's Office Joins Other Prosecutors With New Unit Specializing In Real Estate Crimes

In Brooklyn, New York, The New York Times reports:
  • With an array of real estate crimes, ranging from deed forgery to mortgage fraud schemes, adding to foreclosure rates in Brooklyn neighborhoods, the borough’s district attorney, Charles J. Hynes, says the time has come for a specialized unit to investigate and prosecute them.

***

  • Mr. Hynes said the new 12-member unit would be financed for two years with $875,000 in federal money and would help people like Levi Latham, 75, a Brooklyn retiree whose house was, in effect, stolen by a woman who took Mr. Latham’s personal information, a prosecutor said. After executing and recording a false deed, the woman is now listed as the owner of the house.

***

  • Similar units have been created by prosecutors in other regions with high foreclosure rates, providing a sketch of how the housing crisis has unfolded around the country. An eight-member unit in the office of the Suffolk County district attorney, Thomas J. Spota, recently arrested more than two dozen people in a $9 million mortgage fraud scheme. In Prince George’s County, Md., a two-member unit in the office of the county state’s attorney, Glenn F. Ivey, is handling dozens of cases in the aftermath of a housing boom that resulted in hasty and often dubious mortgages. In Cuyahoga County, Ohio, one of the centers of the national foreclosure crisis, the authorities have prosecuted 219 people since January 2007, said Ryan Miday, a spokesman for the county prosecutor, Bill Mason.

For more, see Brooklyn Establishes Real Estate Crime Unit. DeedGammaTheft

Sunday, February 22, 2009

Illinois Woman Accused Of Swiping Deed, Looting Bank Account Of Her Widowed, 81-Year Old Mom; Abused POA, Says Civil Suit

In St. Clair County, Illinois, the Madison County Record reports:
  • An elderly St. Clair County woman is suing her daughter for converting substantial sums of money for personal obligations, as well as fraudulently converting the deed to her house. Rose Hamkammer, an 81-year-old widow, is suing Lydia Funk in St. Clair County alleging Funk took money from her accounts to pay personal obligations, including a Belleville attorney for child custody and traffic violation matters.

***

  • The reason Funk had a power of attorney was that in the event Hamkammer was hospitalized her bills could be paid, the complaint states. [...] Hamkammer claims her daughter breached fiduciary duty and abused her power of attorney. She also claims she was exploited financially in that as an elderly person her resources were abused.

For more, see Elderly woman claims daughter converted funds to pay lawyer and converted deed to house.

Go here, Go here, Go here, Go here, Go here, and Go here for other posts related to deed or refinancing scams by forgery, swindle, power of attorney abuse, etc. DeedGammaTheft

Thursday, April 16, 2009

California Man Charged With Misappropriating Proceeds From Reverse Mortgage Secured By Elderly Woman's Home

From the Office of the San Francisco, California District Attorney:
  • San Francisco District Attorney Kamala D. Harris announced today that John McTaggart, age 45, [...] was arraigned on charges of residential burglary, grand theft and grand theft from an elder for allegedly stealing $140,000 from an 86-year-old San Francisco woman as part of an annuity scam.

***

  • According to court documents, in February 2008 defendant McTaggart, a former broker, convinced his elderly victim to sign over $140,000 in monies received through a legitimate reverse mortgage he had helped the victim secure. Once the victim received the money from the reverse mortgage, the defendant allegedly convinced her to dedicate a portion of the funds to two separate annuity accounts. Instead of depositing the victim’s money into actual annuity accounts, he deposited the money into his personal account. The defendant then allegedly attempted to mask this fraud, by sending monthly checks to the victim, essentially paying her "dividends" from the money he had stolen directly from her. Defendant McTaggart then fled to Tennessee, where he resided until he was arrested on the DA arrest warrant that was issued on November 24, 2008.

For more, see DA Extradites Man to Face Charges of Elder Abuse and Fraud in Annuity Scam (Prosecution is Part of a DA-led Crackdown on Financial Predators).

Go here, Go here, Go here, Go here, Go here, and Go here for other posts related to deed or refinancing scams by forgery, swindle, power of attorney abuse, etc.

Go here, here, here, here, here, and here for other posts on elder financial abuse. FinancialAbuseOfElderlyAlpha DeedGammaTheft

Friday, February 13, 2009

Philly DA Announces Issuance Of Arrest Warrants In Alleged Deed Theft Operation; Among Targeted Victims Were The Non-English Speaking & The Deceased

From the Philadelphia, Pennsylvania District Attorney's Office:
  • District Attorney Lynne Abraham [Wednesday] announced that arrest warrants have been issued for fifteen people for engaging in a continuing conspiratorial and criminal enterprise to steal homes, [...] among other crimes.(1)

***

  • The Grand Jury investigation revealed that generally, this ring forged and recorded deeds to abandoned or otherwise uninhabited properties, transferring these properties from their true and rightful owners to codefendants, or fictitious person, and then "sold" these properties to unsuspecting victims. [...] In each case of fraud, the lawful owner was totally unaware, and never consented to the "sale" of his property. In many instances the true and lawful owners of the property were dead for a number of years. Often the conspiratorial ring targeted immigrant, non-English speaking citizens specifically because of the lack of sophistication with the laws and procedures of the transfer of property in this state.

For the entire press release, with the list of addresses of the stlen homes, see Fifteen Arrest Warrants Issued in House Stealing Cases Based on Grand Jury Presentment (More than 80 Properties Illegally Sold Victimizing Legal Homeowners and Unsuspecting Buyers).

For Philadelphia Daily News' coverage on these charges, see:

  • 15 charged as house thieves ("House-stealing is a regular and cottage industry in the city," Abraham said);
  • Stealing houses (Abraham says that as many as 500 fraudulent sales are being investigated);
  • Hot line for house thefts (The DA's Office has set up a special hot line - 215-686-9901 - for those who are victims of "house stealing," in which scammers prey on homeowners by forging documents for empty homes, then selling them to another buyer).

For an old NBC10 television story on the deed theft problem in Philadelphia, see Stolen Homes.

Go here, Go here, Go here, go here, go here, and go here for other posts related to deed or refinancing scams by forgery, swindle, etc.

(1) Those charged are Carlos Quiles, Ivan Delgado, Troy Baylor, Richard Smith, Kenneth Lyons, Lenora Irene Jackson, Rebecca A. Robinson, Tyrone Davenport, Juanita Torres, Alberto Rodriguez, Daralease Brown, Vincent Wilder, David Lespier, Maria Roman, Zoraida Cuevas and Marino Rodriguez. They face numerous counts of:

  1. Corrupt Organizations, 18 Pa.C.S.A. §911 ( F-1);
  2. Criminal Conspiracy, 18 Pa.C.S.A. §903 (F-3);
  3. Theft by Unlawful Taking or Disposition, Pa.C.S.A. §3921 (F-3);
  4. Theft by Deception, 18 Pa.C.S.A. §3922 (F-3);
  5. Forgery, 18 Pa.C.S.A. §4101 (F-3);
  6. Perjury, 18 Pa.C.S.A. §4902 (F-3);
  7. Burglary, 18 Pa.C.S.A. §3502 (F-1);
  8. Criminal Trespass, 18 Pa.C.S.A. §3503 (F-2 );
  9. Tampering with Records or Identification, 18 Pa.C.S.A. §4104 (M-1);
  10. Securing Execution of Documents by Deception, 18 Pa.C.S.A. §4114 (M-2); and
  11. Tampering with Public Records or Information, 18 Pa.C.S.A. §4911 (F-3). DeedGammaTheft

Wednesday, March 18, 2009

Scammer Convicted Of Elder Expoitation Now Accused Of Swiping Mom's Home Equity, Resulting In Foreclosure; Other Victims Come Forward

In Great Falls, Montana, the Great Falls Tribune reports:
  • When Tina Palagi was sentenced in court on charges of elder exploitation in December, she got a suspended sentence and a strong warning to stay out of trouble.(1) Now the Great Falls woman is accused of stealing from her own mother while her mother was ill, causing the elderly woman to lose her home to foreclosure just months before it should have been paid off.(2)

***

  • According to charging documents, [a Great Falls Police] detective learned Palagi had been trusted to manage her mother's finances while her mother was seriously ill. The older woman bought her house in 1973 and should have made the last payment in 2003. Instead, she learned her home was in foreclosure when sheriff's deputies told her she was being evicted and had 30 minutes to vacate the house, according to court documents.

  • The charges say Palagi took out a loan against the house in 2000 and failed to pay back the loan, causing the house to go into foreclosure. Palagi had been authorized to govern her mother's affairs, but her mother did not know about the loan, according to the charges. Palagi also is accused of stealing her mother's retirement benefits while her mother was sick.

For more, see Woman convicted of elder exploitation now charged with bilking mom.

For story update (April 3, 2009), see Parole violations land woman in state prison:

  • A woman convicted of at least two financial scams and accused of many more will spend at least 10 years in Montana Women's Prison. [...] Judge Dirk Sandefur handed down the prison sentence Thursday after determining Palagi had violated the conditions of two previous suspended sentences.

Go here, here, here, here, here, and here for other posts on elder financial abuse.

(1) According to the story, Palagi was given an eight-year suspended sentence in December for borrowing $54,000 from a 78-year-old family friend and failing to repay the money. District Judge Dirk Sandefur said he only let Palagi stay out of prison so she could pay the woman back. "I want you to understand very, very clearly that this is the end of the line for you," Sandefur said at the time. Palagi also reportedly has a previous conviction for a scam involving phony money orders.

(2) Palagi, 42, made her initial appearance Monday in Cascade County District Court on the newest charge of elder exploitation. That charge comes on the heels of a host of other new charges filed last week, accusing Palagi of other counts of elder exploitation and felony theft, according to the story. DeedGammaTheft FinancialAbuseOfElderlyAlpha

Tuesday, March 03, 2009

Scammer Sentenced For Hate Crime For Targeting Now-Deceased Elderly Alzheimer's Victim In Theft Of Home Equity

In Jamaica, Queens, the New York Post reports:
  • A former Long Islander was sentenced on hate-crime charges yesterday for pulling a brazen, $800,000 mortgage scam on a 94-year-old Alzheimer's victim, officials said.(1) Alexandra Gilmore, 37, will have to serve two to six years behind bars for the cruel con job because New York hate-crime laws apply to victims targeted because of their age, said Queens District Attorney Richard Brown.

For the story, see 'ALZHEIMER' SCAMMER GETS 2 YRS.

Go here for the Queens DA press release: Long Island Woman Is Sentenced In Hate Crime For Targeting 93-Year Old Queens Man In $800,000 Mortgage Fraud Scheme (Receives Two To Six Years In Prison).

Go here, Go here, Go here, Go here, Go here, and Go here for other posts related to deed or refinancing scams by forgery, swindle, power of attorney abuse, etc.

(1) According to the story, Gilmore first went after Artee McKoy, a Jamaica resident and friend of her late father, in 2004, when she posed as his daughter and took out a $150,000 mortgage on his [...] home. Not satisfied with that haul, she took out a second, $420,000 mortgage on the home without McKoy's knowledge. In 2005, Gilmore expanded her con, stealing McKoy's house away by teaming up with a "straw buyer" and forging the elderly man's name on documents of sale. The phony buyer - who officials say is Rebecca Tharpe, 31, of Brentwood, LI - got a mortgage on the home for $395,000. The pair then allegedly split the dough. The house was eventually put into foreclosure. McKoy died last Christmas Eve. DeedGammaTheft

Wednesday, March 11, 2009

Banking Industry Advocates Pushing Proposed Bill That Could Encourage More Home Equity Thefts Thru Forged POAs

A hearing in the Oregon House Judiciary Committee is scheduled for this Friday, March 13 in which advocates for the banking industry might be quietly attempting to get away with a fast one by forcing through a proposed bill, based on a model uniform act (Uniform Power of Attorney Act), that could lead to an increase in home equity heists in connection with the use (and abuse) of powers of attorney.

Based on how the proposed law reads, it appears to me that victims whose houses are sold or encumbered by fraudulent mortgages using a forged power of attorney will NOT be able to void the transaction unless they can prove that the individual handling the transaction had actual knowledge that the POA was forged.

The relevant provision in the bill, buried in Section 19(3), follows:

  • (3) A person that in good faith accepts a power of attorney without actual knowledge that the signature is not genuine, that the power of attorney is void, invalid or terminated, that the purported agent's authority is void, invalid or terminated or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect and the agent had not exceeded and had properly exercised the authority. The person is not required to ensure that the assets of the principal that are paid or delivered to the agent are properly applied.

This bill is HB2537; you can obtain a copy via this link.

Inasmuch as the proposed bill is based on a model uniform act, a successful attempt to sneak this legislation through the Oregon legislature by the banking industry will only encourage industry advocates in other states to do the same.

Those of you with any interest in curbing the home equity theft horror stories are encouraged to contact the Oregon House Judiciary Committee and tell them how you feel (Jennifer Ranstrom-Smith, Committee Assistant, 503-986-1513 Jennifer.RanstromSmith@state.or.us). (You might even want to e-mail them the following links that illustrate the rampant nature of deed and equity thefts throughout the country).

Go here for posts on the use of powers of attorney to ripoff the elderly of their home equity.

Go here, Go here, Go here, Go here, Go here, and Go here for other posts related to deed or refinancing scams by forgery, swindle, power of attorney abuse, etc. DeedGammaTheft FinancialAbuseOfElderlyAlpha

Thursday, February 05, 2009

Judge Allows Foreclosure To Proceed On Now-Deceased Man's Property Despite His Forgery Of Wife's Signature On Loan Documents

In Polk County, Iowa, the Des Moines Register reports:
  • A Polk County judge has delivered a legal setback to the widow of Ed Boesen. Judge Douglas Staskal ruled last week to allow Freedom Financial Bank to foreclose on property [...] in Ankeny to collect on a $232,000 loan obtained by Ed Boesen. The ruling rejected Maureen Boesen's claim that she was entitled to inherit the property, which was used as collateral for the loan.

***

  • [H]er lawyers claim the loans were invalid because of the forgery. Her lawyers also claim that she should be permitted to inherit property used as collateral. In his ruling, Staskal said state law generally upholds a spouse's right to inherit property when the spouse has not approved a loan connected to that property, or the sale of the property, by the dead spouse.

  • But the judge said the law makes an exception when the loan is considered a "purchase money mortgage."(1) [...] "Under most circumstances, Mrs. Boesen's arguments would certainly prevail," Staskal wrote in his decision. But "the priority of a purchase money mortgage over the dower interest of a surviving spouse established by statute is consistent with Iowa common law."

For more, see Foreclosure on Boesen property to proceed.

Go here for earlier reports on this story.

(1) A purchase money mortgage can be taken by a lender who provides money to enable the purchaser to acquire the real estate. It takes precedent over other liens and claims on a property. DeedGammaTheft

Tuesday, March 10, 2009

Businessman Comes Clean In Court In Attempt To Swipe 141 Acres Of Farmland By Forging Dying Man's Will

In County Wexford, Ireland, Independent.ie reports:
  • A WEALTHY businessman-turned-whistleblower cried [Friday] as he told a court how he and two other men forged the will of a bachelor farmer as he lay dying in hospital. Charlie O'Leary (50), of The Haggard, Ramsgrange, Co Wexford, whose conscience eventually got the better of him, pleaded guilty to forging a document purporting to be the will of Matthew Hayes [...].

  • Sergeant Mick Troy told Wexford Circuit Court that two other people are also implicated in the crime, the beneficiary, referred to as Mr X, and a third person, referred to as Mr Y. Mr X was O'Leary's best friend at the time and Mr Y is a close relative of O'Leary's. Sgt Troy said no genuine will was ever found in the name of the late Mr Hayes. When he died, he left £99,000 in a bank account and 141 acres of farmland, then valued at £350,000.

For more, see Man forged dying farmer's will (Businessman gets suspended sentence after 'conscience gets the better of him'). DeedGammaTheft

Tuesday, March 31, 2009

Real Estate Agent Charged In Staten Island Gas Station Heist; Used Phony Deed To Transfer Title To Client's Business Property To Son, Say Cops

The following excerpt appeared in a recent NYPD Daily Blotter column in the New York Post:
  • A real-estate agent was busted after he tried to steal a million-dollar Tompkinsville property from the owner, sources said. Mike Odeh, 53, was hired by the owner to sell a gas station on Bay Street and Hannah Street, the sources said.

  • The owner changed his mind about the sale and notified Odeh, but the agent allegedly forged a phony deed and on Feb. 17 filed it with the County Clerk's Office, police said. The phony deed transferred the property to Odeh's son, who tried to sell the property for $300,000, cops said. The property is worth about $1.5 million, according to court papers.

  • The owner learned of the scheme from another agent, and cops arrested Odeh at his Grasmere home Thursday. He was charged with grand larceny and criminal possession of a forged instrument.

Source: NYPD Daily Blotter (excerpt appears halfway down page).

Go here, Go here, Go here, Go here, Go here, and Go here for other posts related to deed or refinancing scams by forgery, swindle, power of attorney abuse, etc. DeedGammaTheft

Thursday, March 12, 2009

Oregon Lawmakers To Consider Legalizing The Shift Of The Financial Loss Of Home Equity Thefts Through Use Of Fraudulent POAs Onto The Victim

A 2007 story in California's Contra Costa Times on the California Power of Attorney Act and the ripoff of the elderly using powers of attorney begins as follows:
  • AN OAKLAND WOMAN steals $200,000 from her sick 73-year-old mother's bank account. She blows most of it at Cache Creek Casino. Her life savings gone, the senior now has to get by on Social Security.

  • An East Palo Alto woman is accused of taking out a $200,000 loan on her disabled 92-year-old grandmother's house without her permission. According to San Mateo County prosecutors, she buys herself a champagne-colored Hummer and leaves her disabled grandmother alone for days in a house full of rats.

  • A Stockton woman is hired to take care of a 92-year-old former elementary school principal. She steals more than $100,000 from the elderly woman, spending $12,000 on five decorative gates for her own home.

  • All of these cases have one thing in common: The weapon used to commit the crime, or alleged crime, was a perfectly legal document called a power of attorney.

As I mentioned in one of yesterday's posts, a hearing in the Oregon House Judiciary Committee is scheduled for tomorrow in which advocates for the banking industry will be attempting to push through a proposed bill, based on a model uniform act (Uniform Power of Attorney Act) that, from the standpoint of the victim, could very well lead to the legalizing of the use of this weapon when committing these types of crimes in Oregon.

The proposed law reads in a way whereby victims whose houses are sold or encumbered by fraudulent mortgages using a forged power of attorney will NOT be able to void the transaction unless they can prove that the individual handling the transaction had actual knowledge that the POA was forged.

As if it wasn't already difficult for a victim of this type of crime to file a civil lawsuit to undo the effects on their property title of a home equity theft, the propsed law, if passed, will essentially assure the homeowner-victim that recovering his/her home equity by voiding the illegal transaction through civil litigation will be an impossibility. The victimized homeowner may still recover the home, but will be stuck having to pay off the fraudulently obtained mortgage placed on the property by the scammer. While the victim may be entitled to criminal restitution, recovery of the home equity value in this way depends on:

  1. prosecutors filing a criminal action against the alleged scammer (not always the case),
  2. prosecutors obtaining a guilty conviction (not always the case) in which restitution is awarded, and
  3. the now-convicted scammer having the funds to pay the restitution (generally not the case).

Those of you with any interest in curbing the horror stories involving the fraudulent use of powers of attorneys to victimized unwitting homeowners are encouraged to contact the Oregon House Judiciary Committee and tell them how you feel (Jennifer Ranstrom-Smith, Committee Assistant, 503-986-1513 Jennifer.RanstromSmith@state.or.us).

In closing, keep in mind that the proposed bill, while only affecting Oregon, is based on a model uniform act, the Uniform Power of Attorney Act. A successful attempt to sneak this legislation through the Oregon legislature by the banking industry will only encourage industry advocates to do the same in other states.

For the 2007 story in the Contra Costa Times, see Theft of Elder Nation: An editorial series: State needs to revoke "theft license".

This bill to be considered tomorrow by Oregon lawmakers is HB2537; you can obtain a copy via this link.

For yesterday's post, see Banking Industry Advocates Pushing Proposed Bill That Could Encourage More Home Equity Thefts Thru Forged POAs.

Go here for posts on the use of powers of attorney to ripoff the elderly of their home equity.

Go here, Go here, Go here, Go here, Go here, and Go here for other posts related to deed or refinancing scams by forgery, swindle, power of attorney abuse, etc. DeedGammaTheft FinancialAbuseOfElderlyAlpha

Sunday, February 08, 2009

Pennsylvania Woman Cops Plea To Pocketing Refinance Proceeds After Forging Legal Documents On Property Owned By Estranged Hubby, Mother In Law

In Norristown, Pennsylvania, The Times Herald reports:
  • A 41-year-old Conshohocken woman pleaded guilty to forging her estranged husband and mother-in-law’s names on mortgage applications and other legal documents. Andrea Lamazza took out three separate mortgages worth a total of $446,350 between 2002 and 2005 without the knowledge of her husband, Kenneth Lamazza, and his mother, Sarah Lamazza, according to court papers. The defendant has also added her name to the deed of a house her husband and mother-in-law owned, and illegally executed power of attorney to refinance real estate, according to authorities.

For more, see Woman admits to mortgage fraud.

Go here, Go here, Go here, go here, go here, and go here for other posts related to deed or refinancing scams by forgery, swindle, etc. DeedGammaTheft

Monday, April 06, 2009

Deed, Refinancing Scams By Forgery Has County Recorders Seeking Help To Protect Property Owners

In Fort Wayne, Indiana, The Journal Gazette reports:
  • It took The Journal Gazette less than an hour to “steal” the 300-foot-tall Lincoln Tower. With a little research, a typewriter and an $8.99 form from a local office supply store, the newspaper was able to prepare a deed transferring ownership of the city’s most iconic building from its current owners to the city’s most iconic citizen, John Chapman, better known as “Johnny Appleseed.”

  • The deed was not recorded, so ownership of the building was never in jeopardy. But Allen County Chief Deputy Recorder Anita Mather examined the notarized deed and said her staff would have no choice but to accept and record it, even though the reporter who signed the document had no right to transfer ownership in the 79-year-old art deco building and no money changed hands.

***

  • Why would someone want to steal a building? Experts say thieves are not interested in the property at all – they’re interested in showing ownership so they can get a fraudulent loan and disappear with the money. That can leave the true property owner holding the bag, and it has county recorders asking for help to prevent the practice.(1)

For more, see Mortgage fraud: It’s so simple, it’s scary.

Go here, Go here, Go here, Go here, Go here, and Go here for other posts related to deed or refinancing scams by forgery, swindle, power of attorney abuse, etc.

(1) Reportedly, local officials fear a wave of scams where senior citizens lose their homes before anyone knows what happened. It could be possible for someone to never know what had taken place until the house they had paid off years ago is threatened with foreclosure. Technically, the bank that made the loan would be the victim, but the homeowner would first have to prove that the “sale” was fraudulent and have it voided. For a story where a homeowner claimed to have her home equity ripped off from out from under her through forged documents, and then still lost her home to foreclosure when the payments on the allegedly forged mortgage went unpaid, see Oshawa mother faces eviction after alleged mortgage scam. DeedGammaTheft

Friday, March 20, 2009

Daughter Steals Deed To Dead Mom's Home, Then Attempts To Evict Siblings, Say Cops

In Livermore, California, the Contra Costa Times reports:
  • A woman who investigators say fraudulently changed the deed to her dead mother's house was arrested after she tried to evict several other family members who lived there, police said [last week]. Donna May Dennis, 47, of Livermore, and 56-year-old Mariefe San Juan Bago, of Fresno, have been in custody at Santa Rita Jail in Dublin since their arrests Feb. 27, Livermore police Lt. Matthew Sarsfield said. "They both conspired to commit these crimes," he said.

***

  • Dennis forged her mother's signature on the "quit claim" deed and Bago notarized it, authorities have said. After she became the owner of the home, she tried to evict several siblings, who immediately suspected her of forging the documents, police said.

For more, see Altered deed leads to 2 arrests, police say.

Go here, Go here, Go here, Go here, Go here, and Go here for other posts related to deed or refinancing scams by forgery, swindle, power of attorney abuse, etc. DeedGammaTheft

Friday, April 03, 2009

California Man Says "Prove It" To Multiple San Diego-Area Mansion-Stealing, Deed Theft Allegations; Local Authorities Notice Phony Deed Filing Trend

In San Diego, California, XETV Channel 6 reports:
  • A 43-year-old man pleaded not guilty [last week] to numerous counts in an alleged real estate fraud case in which the perpetrators allegedly filed deeds under the guise of a religious order. Terry Lee Herron, 43, was charged with conspiracy to file false documents and conspiracy to commit forgery, said Deputy District Attorney Marlene Coyne.

  • Herron also faces 12 counts of filing false documents and six of forging documents, Coyne said. The original defendant in the case, Maurice Antoine Simmons, 31, was also charged with two conspiracy counts, Coyne said. Simmons was accused last year of taking blank grant deeds and filling them out as if he owned the properties -- a condominium in San Diego and five homes in Chula Vista, according to Coyne. She said three properties were owned by banks and two by private individuals.

  • Authorities said they have noticed a trend in which people claim ownership of properties by filing bogus grant deeds. The fraudulent owners then move people into the vacant or distressed homes. Investigators said the perpetrators claim to be immune from prosecution because they file the deeds under the guise of a religious order known as the Sovereign Solomon Brothers Archbishop Corporation Sole.

  • Herron, who was ordered held on $40,000 bail by Judge David Szumowski, is also known as King Solomon II, according to Coyne. "He's part of the sovereign movement, which doesn't recognize government authority," Coyne said.

For more, see Plea Entered in Mansion Stealing Scheme.

Go here, Go here, Go here, Go here, Go here, and Go here for other posts related to deed or refinancing scams by forgery, swindle, power of attorney abuse, etc. DeedGammaTheft

Friday, March 27, 2009

Ex-Home Health Aide Gets 10 Years For Scamming Elderly Couple; Home Lost To Foreclosure

In Norwalk, Connecticut, Norwalk News reports:
  • A former home health aide who scammed an elderly couple out of hundreds of thousands of dollars, forcing them so far into debt that their home was foreclosed upon, was sentenced in Stamford Superior Court on Thursday to 10 years in prison. Nuria Reyes, 61, was given 10 years in prison, time served after five years. She must also pay $70,000 in restitution to her victims and has to give the victims 50 percent of the restitution up front.

***

  • While working as a home health aide for Lee and Mary Kent from 2003 to 2006, Reyes applied for and obtained mortgages and a home equity line of credit on the victims' home at 14 Saranac St. during her employment.

For more, see Aide who scammed Norwalk couple given 10-year sentence.

Go here, Go here, Go here, Go here, Go here, and Go here for other posts related to deed or refinancing scams by forgery, swindle, power of attorney abuse, etc.

Go here, here, here, here, here, and here for other posts on elder financial abuse. FinancialAbuseOfElderlyAlpha DeedGammaTheft

Thursday, March 05, 2009

Legal Bills Pile Up For BC Homeowner In Effort To Get Back Home Stolen From Out From Under Him

In Richmond, British Columbia, canada.com reports:
  • Richmond [Royal Canadian Mounted Police] are investigating what is believed to the city's first-ever case of house theft. Norman Gettel, a retired press operator, had his house literally stolen out from under him in June 2007. One year later, he is still waiting to get back title on the home he has owned since 1985, and the legal bills are piling up. "I'm out quite a few thousand dollars already," he said. "I'm going to spend the money because I want my house back."

***

  • The scheme starts with identity theft and ends with a bank holding the bag on a defaulted mortgage.(1) It also ends with the homeowner having to spend a considerable amount of time, money and effort to get legal title back.

For more, see Scam artists steal house (Richmond RCMP are investigating what is believed to the city's first-ever case of house theft).

In another story on British Columbia home title ripoffs, see B.C. Appellate Court Sides With Victims Who Lost Homes In Deed/Refinance Scams Involving Use Of Forged Documents; Duped Lenders End Up Holding The Bag.

Go here, Go here, Go here, Go here, Go here, and Go here for other posts related to deed or refinancing scams by forgery, swindle, power of attorney abuse, etc.

(1) According to the story, the sale is on paper only. If any money changes hands, it comes and goes from the same criminal organization's pocket. Nor do the new owners try to take possession of the house. The fraudsters make their money by taking out mortgages on the newly transferred properties. By the time anyone notices something is awry, the thieves have scammed the bank out of hundreds of thousands of dollars. DeedGammaTheft

Thursday, April 02, 2009

Alleged Deed Theft Scammers Pocket Proceeds From Mortgage On Victim's House, Say Cops; Owner Loses Home To Foreclosure, Now Faces Eviction

In Oshawa, Ontario, The Toronto Star reports:
  • Police say imposters with a forged driver's licence stole Lana Morrison's home-ownership title to get a loan. Then the thieves defaulted on the loan.(1) Now, despite a pending fraud trial, a Toronto trust company wishing to recoup its money is trying to evict Morrison and take her house. The local sheriff has ordered Morrison out within two weeks, along with her 12-year-old boy, Tyrone, and their pet poodle, Peanut.

***

  • In April last year, in connection with the case, police laid fraud charges against two women and a man. On May 1, the Durham Region land titles department issued a notice saying "no dealings be had with the property" until the fraud case is settled.

  • Two months ago, Home Trust Company went to court to seize the property anyway and the judge granted the request, the company's lawyer, Amanda Jackson, said in an email. Morrison failed to appear, Jackson said. Morrison said she was given the wrong court address and arrived 20 minutes late.

  • Home Trust president Nick Kyprianou said he does not believe Morrison's hard-luck story and is not prepared to await the outcome of the fraud trial. "We can't put ourselves in a situation to lose money – interest is accruing," he said of the mortgage loan. "This could take five years."

For the story, see Oshawa mother faces eviction after alleged mortgage scam.

In other "north of the border" deed theft stories from The Toronto Star, see:

  • Man, 90, off hook for loan: Court (Landmark ruling lifts $300,000 burden) ("The decision is the first of its kind in the province since a landmark Court of Appeal ruling [...]. That decision found that even a bona fide purchaser can't legally buy property from a fraudster.");

  • Judge chides bank in mortgage fraud (Couple's identity stolen, home lost; TD not 'innocent victim,' judge says) ("Ontario is experiencing a "serious mortgage-fraud plague," says a judge who released a blistering decision [...] that chastised the Toronto-Dominion Bank for failing to detect a scam that left a North York couple without their home.").

Go here, Go here, Go here, Go here, Go here, and Go here for other posts related to deed or refinancing scams by forgery, swindle, power of attorney abuse, etc.

(1) Nadia Kelly, 27, Antonia Pasculli, 48, and Christopher Dewsbury, 29, face charges of fraud, conspiracy to commit an indictable offence and charges related to forging documents in connection with the case. Pasculli faces further charges including possession of a counterfeit mark. Dewsbury is also charged with forgery, intimidation and attempting to obstruct justice. DeedGammaTheft