Sunday, January 04, 2009

San Diego-Area Foreclosure Rescue Operator Faces Felony Charges For Allegedly Screwing 17 Homeowners In 150 Year Old Land Patent Scam

In San Diego, California, KGTV Channel 10 reports:
  • A man accused of stealing more than $100,000 from people in a land patent foreclosure scam pleaded not guilty Wednesday to numerous felony charges involving the 17 alleged victims. Larry Smith, 60, allegedly told people who came to his seminars that if they gave him thousands of dollars, he would help them buy a land patent so the bank couldn't foreclose on it.

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  • Five others are charged in the case with Smith, although only one has been arrested, [Deputy District Attorney Marlene] Coyne said. The prosecutor said she believes there are more people allegedly victimized by Smith, who have not yet come forward.(1)

For more, see Man Pleads Not Guilty In Alleged Foreclosure Scam.

See also, KTNV-TV Channel 13 (Las Vegas): Accused foreclosure con man busted (A man accused of preying on vulnerable victims desperate to save their homes is in jail following an investigation that spanned two states. Authorities say 60-year-old Larry Smith held seminars in real estate offices in Las Vegas and San Diego where he reportedly took hundreds of thousands of dollars from people in dire straits).

For related KGTV Channel 10 reports on this case, see:

(1) Smith was charged with conspiracy to commit grand theft, conspiracy to commit deceitful practices by a foreclosure consultant and numerous counts of grand theft.

Friday, March 27, 2009

San Diego DA Seeks Help Rounding Up Add'l Victims Of Land Patent Foreclosure Rescue Scam

In San Diego, California, XETV-TV Channel 6 reports:
  • Authorities asked for the public's help Wednesday in locating additional victims of a San Diego foreclosure fraud scam in which victims were falsely told that "land patents" would protect their properties from foreclosure. District Attorney Bonnie Dumanis said 61-year-old Larry Smith and five alleged accomplices sold the bogus "land patents" to homeowners, claiming the victims could pay only 10 percent of their mortgage payment each month and could force lenders to "re-contract" the loan amounts.(1)

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  • So far, more than 20 victims have come forward saying they lost tens of thousands of dollars in the real estate scam, Dumanis said. Anyone who believes they may be a victim in the case was asked to call (619) 531-4475.

For more, see Victims Sought in Mortgage Foreclosure Scheme.

For some of the documents related to this scam:

Go here for other posts on the land patent allegations against this group.

(1) The defendants -- Smith, Maria Candida Capa, Margarita Gaviola, Jessica Refuerzo, Julita Whittingham and Edgardo Orcino -- are accused of defrauding homeowners out of more than $100,000 in 2007 and 2008.

Monday, June 21, 2010

Jury Sends 62-Year Old Scammer Into Probable Retirement w/ Guilty Verdict In "Land Patent" F'closure Rescue Scam; Homeowners Losses Estimated At $260K

In San Diego, California, KGTV-TV Channel 10 reports:
  • A man who told homeowners that buying "land patents" from him would protect their properties from foreclosure was convicted Thursday of 21 felony counts, including grand theft and unlawful practices by a foreclosure consultant. Larry Smith -- who has prior convictions for second-degree murder, robbery and burglary -- faces a "very lengthy" prison term when he is sentenced Aug. 13, said Deputy District Attorney Marlene Coyne. [...] An expert estimated homeowners' losses at $260,000, Coyne said.

  • In her closing argument, Coyne told jurors that Smith[, 62] and others had homeowners hand over thousands of dollars under a false promise that their homes would be protected from foreclosure. "You buy a land patent from us, and your foreclosure is going to be stopped in its tracks" was Smith's sales pitch, the prosecutor told the jury. Smith and real estate agents who took part in the scam -- and previously pleaded guilty to various charges "were just bleeding money in this case," Coyne said.

  • Sixteen defendants -- including Smith -- have been found guilty or convicted and two remain set for trial, Coyne said.

For the story, see Man Found Guilty Of Selling 'Land Patents' (Larry Smith Told Homeowners Buying 'Land Patents' From Him Would Prevent Foreclosure).

Monday, February 28, 2011

Mastermind In "Land Patent" Foreclosure Rescue Scam Gets 20+ Years; Conned Victims Into Believing That They Could Save Homes By Declaring Sovereignty

In San Diego, California, KGTV Channel 10 reports:
  • The "brains" behind a scam in which hundreds of homeowners were falsely told that "land patents" would protect their properties from foreclosure was sentenced Friday to 20 years and four months in state prison.

  • Larry Smith, 63, was found guilty last June of 21 felony counts, including grand theft and unlawful practices by a foreclosure consultant. Deputy District Attorney Marlene Coyne told jurors that Smith and 17 co-defendants had homeowners shell out thousands of dollars for "land patents" under a false promise that their homes would be protected from foreclosure.

  • The 10News I-team investigated Smith years ago, showing how he convinced people that Spanish land patents from the 1800s could be used to keep the banks and government at bay during foreclosure proceedings. Authorities said all of it was a lie but beautifully presented by Smith and his team of co-conspirators at well-attended seminars.

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  • Smith -- who has prior convictions for second-degree murder, robbery and burglary -- and 17 co-defendants put on seminars that convinced people that declaring sovereignty would help them avoid foreclosure on their homes. The sovereignty concept was "nonsense," according to Coyne.

For more, see Man Who Led Foreclosure Scam Sentenced (Larry Smith, 63, To Serve 20 Years, 4 Months In State Prison).

Go here for prior posts on this prosecution.

Monday, January 12, 2009

One More Arrested, Two Others Sought In San Diego-Area Alleged Land Patent, Foreclosure Rescue Scam; 17 Cheated Out Of $100K+, Say Prosecutors

In San Diego, California, the San Diego Union Tribune reports:
  • Prosecutors are asking for the public's help in finding two people suspected of scamming homeowners in a foreclosure fraud scheme, officials announced Friday. Julita Whittingham and Edgardo Orcino are part of a group of people suspected of defrauding San Diego County homeowners out of more than $100,000 in 2007, prosecutors said.

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  • A third suspect, Jessica Refuerzo, 55, of Spring Valley, was found and taken into custody Friday, officials said. Prosecutors said the trio falsely promised to help homeowners who had defaulted on mortgage payments or who feared they would soon default by holding seminars in which they pitched their scheme.(1)

For more, see Authorities Seek 2 In Alleged Land Patent Scam.

For story update, see Man In Foreclosure Scam Pleads Not Guilty (Edgardo Orcino, 57, was arraigned after turning himself in at the downtown San Diego County Courthouse. Orcino, along with Larry Smith, Marguerita Gaviola, Maria Capa, Jessica Refuerzo and Julita Whittingham is charged in the alleged scheme. Whittingham remains at large, said Deputy District Attorney Marlene Coyne).

(1) Two other suspects in the case are in custody. Larry Smith, 60, has pleaded not guilty to felony charges of grand theft, conspiracy to commit grand theft and engaging in deceitful practices while acting as a mortgage foreclosure consultant. Prosecutors said Smith and the others sold “land patents” to homeowners facing foreclosure and told them that the patents would make them a sovereign nation that would be protected from the banks. At least 17 people fell for the scheme, prosecutors said, and lost tens of thousands of dollars.

Tuesday, September 07, 2010

Sentencing Postponed For Head Of Southern California Land Patent Foreclosure Rescue Scam

In San Diego, California, KGTV-TV Channel 10 reports:
  • Sentencing was delayed Thursday for a man convicted of defrauding homeowners by falsely telling them that for a price, he could provide them with "land patents" that would protect their properties from foreclosure. Larry Smith, 62, was found guilty in June of 21 felony counts, including grand theft and unlawful practices by a foreclosure consultant.

  • After the trial, Smith fired his attorney and hired another to consider seeking a new trial, according to Deputy District Attorney Marlene Coyne. [...] Smith -- who has prior convictions for second-degree murder, robbery and burglary -- faces a "very lengthy" prison term when he is ultimately sentenced, the prosecutor said. Smith and others tricked homeowners into paying them thousands of dollars for land patents that in fact did not stop their homes from being foreclosed on.

Source: Sentencing Delayed For Foreclosure Protection Scammer (Larry Smith Was Convicted Of 21 Felony Counts).

Sunday, July 20, 2008

Investigative Report Seeks Answers In Alleged "Land Patent" Foreclosure Rescue Scheme

In San Diego, California, the KGTV Channel 10 I-Team reports:
  • The I-Team has been looking for Larry Smith for quite some time. When we found him, he refused to talk to us. But we know this confidence man has no problem talking to his victims. There are hundreds of them in Southern California. Victims like Mili Alto, who attended a Smith sales presentation in downtown San Diego. Mili said, "According to him and everybody this was the solution."

  • Smith's solution is land patents; he claims these patents would prevent homeowners from losing their homes through foreclosure.

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  • Land patents cannot help distressed homeowners, experts said. "It is a false claim," said Steve Robinson from the Economic Crimes Division of the District Attorneys office. "... a fiction that has been made up by people to justify separating folks from their hard earned money," Robinson said. "The one thread you will see in all these scams is the promise to solve the foreclosure problem by taking money up front."

For more, see I-Team Pursues Man Suspected In Land Patent Scheme (read story) (watch video).

Tuesday, June 16, 2009

Indictments Handed Down, Arrest Warrants Gone Out In San Diego "Land Patent" Foreclosure Rescue Scam; Add'l 12 Suspects Charged

In San Diego, California, XETV-TV Channel 6 reports:
  • An indictment was unsealed Monday charging 18 people in a scam in which homeowners were falsely told that "land patents" would protect their properties from foreclosure.

    Six of the defendants -- Larry Smith, Maria Candida Capa, Margarita Gaviola, Jessica Refuerzo, Julita Whittingham and Edgardo Orcino -- were already charged in a criminal complaint with conspiracy to commit grand theft, grand theft and conspiracy to do a deceitful practice while acting as a mortgage foreclosure consultant.

    The defendants are also charged with allegation that the amount of money lost in the mortgage foreclosure scam exceeded $200,000. Smith, Capa, Gaviola, Refuerzo, Whittingham and Orcino pleaded not guilty today at their Superior Court arraignment. They will be back in court July 20 for a status conference.

    Arrest warrants have gone out for the remaining 12 defendants named in the indictment, said Deputy District Attorney Marlene Coyne. They face similar charges to the original six defendants, Coyne said.

    More than 20 alleged victims have come forward saying they lost tens of thousands of dollars in the real estate scam in 2007 and 2008. Prosecutors allege the defendants sold the bogus "land patents" to homeowners, claiming the victims could pay only 10 percent of their mortgage payment each month and could force lenders to "re-contract" the loan amounts.

Source: 18 People Charged with Scamming Foreclosure Victims.

Go here for earlier posts on this story.