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August 24, 2010
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Federal Indictment In Foreclosure Scam Targeting Homeowners

A federal grand jury has returned a new indictment that adds three defendants to a case stemming from a $12 million foreclosure scam in which homeowners who were in default on their mortgages were promised refinancing, but ended up having their homes sold to others after the equity had been skimmed.

The superseding indictment, which was returned late Wednesday, alleges a scheme orchestrated by Martha Rodriguez and Edward Seung Ok, who operated real estate and escrow agencies in Downey and Seal Beach. Rodriguez, a 35-year-old Downey resident, and Ok, a 40-year-old Torrance resident, were arrested last November when the grand jury issued its first indictment.

The indictment returned today adds three defendants, as well as additional fraud counts and new identity theft charges. The new defendants are Cynthia Valenzuela, 23, of Downey, who is Martha Rodriguez's cousin; Vladimir Stefanovic, 35, of Lancaster, who is Martha Rodriguez's boyfriend; and Maria G. Juarez, 36, of Reseda.

The indictment outlines a foreclosure scheme that targeted commercial lenders and homeowners in such areas as Artesia, Lakewood, Gardena, Wilmington, Carson, West Covina, La Puente, El Monte, Westminster, Downey, Van Nuys and San Bernardino. The scheme victimized more than 100 homeowners and allegedly caused losses of at least $12 million.

By combing databases that list pending foreclosure sales, the defendants located homeowners whose loans were in default. The victim homeowners were told that they could stop the foreclosure of their homes with short-term loans and by refinancing the mortgage with a co-signer who had good credit. However, instead of obtaining refinancing, the defendants submitted loan applications in the names of "straw buyers" who were purportedly buying the property. In some cases, the straw buyers were paid for the use of their personal information; in other cases, the defendants used personal information of people without their knowledge. The loan applications for the straw buyers - which always contained false information about the straw buyers—caused a series of lenders to fund mortgages. The loan proceeds were used to pay off the loan in default, and the remaining proceeds were skimmed off by the defendants.

Even though they were promised that they would keep their homes, the victim homeowners lost title to their homes, and the lenders suffered losses when the straw buyers failed to make loan payments and the second loan went into default.

Rodriguez has been held without bond since her arrest last year. Ok is free on a $1 million bond.

Valenzuela, Stefanovic and Juarez have agreed to self-surrender this morning at United States District Court in Los Angeles. They are expected to make their first court appearances this afternoon.

The indictment alleges 19 counts of mail fraud, each of which carries a maximum possible penalty of 20 years in federal prison, and seven counts of aggravated identity theft, each of which carries a mandated penalty of two years in prison. Only Rodriguez and Valenzuela are charged in all of the counts.

Rodriguez allegedly ran the foreclosure scam while awaiting sentencing after pleading guilty to defrauding the Department of Housing and Urban Development in another loan fraud scheme. If the jury determines that she committed the foreclosure fraud offenses while free on bond, she could receive another 10 years in prison.

 

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Did You Know?    
 
 
Covenant condition restriction is an agreement, usually included in the deed to a property
This tool acts as restricting the manner in which the property can be used. For example, a deed for a residential property may contain a covenant that the owner won’t permit “noxious uses” on the property, or any of a lengthy list of particular offenses such as stables, factories and so forth.

 


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Real Estate Terms

 


Today's Terms

PMI

Definition:
Private Mortgage Insurance; privately-owned companies that offer standard and special affordable mortgage insurance programs for qualified borrowers with down payments of less than 20% of a purchase price.

Escrow account

Definition:
A separate account into which the lender puts a portion of each monthly mortgage payment; an escrow account provides the funds needed for such expenses as property taxes, homeowners insurance, mortgage insurance, etc.

Flood insurance

Definition:
Insurance that protects homeowners against losses from a flood; if a home is located in a flood plain, the lender will require flood insurance before approving a loan.

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