Tuesday, January 31, 2012

Mortgage Fraud Blog - Perp Walk - 10 new articles - In This Issue...

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Mortgage Fraud Blog - Perp Walk - 10 new articles

In This Issue...

Real Estate Agent Sentenced for Equity Skimming
Broker Goes to Jail for Scheme Involving Straw Buyers
Real Estate Agent Bilks Lenders out of $3.3M
Foreclosure Rescuer Sent to Prison for Mortgage Fraud
4 Mortgage Fraudsters Sentenced
Real Estate Investment Scammer Pleads Guilty
Real Estate Investor Pleads Guilty To Bid Rigging
Fraudster Gets 5 Years for Selling 3 Homes He Didn't Own
Indictment Handed Down For Foreclosure Rescue Scam
Closing Attorney Admits Role in Mortgage Conspiracy
Search Mortgage Fraud Blog - Perp Walk

Real Estate Agent Sentenced for Equity Skimming

Robinson Dinh Nguyen, 31, Fresno, California, was sentenced to 27 months in prison, to be followed by three years of supervised release, and ordered him to pay $433,000 in restitution for conspiring...

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Broker Goes to Jail for Scheme Involving Straw Buyers

Marlon Baugh, 32, Pembroke Pines, Florida, was sentenced on Friday, January 27, 2012, by U.S. District Judge James Cohn to one year and one day in prison for mail fraud in connection with his...

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Real Estate Agent Bilks Lenders out of $3.3M

Steven Carver, Carver and Associates Real Estate, Minnetonka, Minnesota, orchestrated an elaborate mortgage kickback scheme that cost lenders $3.3 million and put more than 18 homes into foreclosure...

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Foreclosure Rescuer Sent to Prison for Mortgage Fraud

Kathleen Harps, 51, Chesapeake, Virginia, was sentenced in Norfolk, Virginia, federal court to 54 months in prison for operating a foreclosure rescue mortgage fraud scheme. Chief United States...

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4 Mortgage Fraudsters Sentenced

Aaron Hand, Kenneth Law, Eric Shields and Jerry Strklja were sentenced for perpetrating a massive mortgage fraud scheme conducted through a corrupt loan origination company called AFG Financial...

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Real Estate Investment Scammer Pleads Guilty

Christopher Plummer, 50, Lyme, Connecticut, pleaded guilty before Senior U.S. District Judge Warren W. Eginton in Bridgeport, Connecticut, to one count of conspiracy to commit wire fraud stemming...

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Real Estate Investor Pleads Guilty To Bid Rigging

Kenneth A. Swanger, 41, Woodland, California, a real estate investor, pleaded guilty in U.S. District Court in Sacramento, California, to conspiring to rig bids and commit mail fraud at public real...

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Fraudster Gets 5 Years for Selling 3 Homes He Didn't Own

Darryl Cobb, 54, Birmingham, Alabama, has been sentenced to five years in prison for a mortgage fraud scheme in which he sold three houses that he did not own.


Indictment Handed Down For Foreclosure Rescue Scam

Richard Scott Spady, 38, and Michele Denise Sengstock, 48, both of Bloomington, Minnesota, have been indicted in U.S. District Court for allegedly defrauding financial institutions and homeowners...

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Closing Attorney Admits Role in Mortgage Conspiracy

Kimberly S. Daise, Miami, Florida, an attorney, pled guilty on January 11, 2012, in connection with a mortgage fraud scheme relating to a property in the Versailles development in Wellington,...

Read the whole entry »


Rachel Dollar represents lenders in mortgage related litigation. She is a shareholder at Smith Dollar PC. Ms. Dollar is a nationally recognized speaker on the topic of mortgage fraud, is licensed to practice law in California and maintains offices in Santa Rosa, California.

Mortgage Fraud Blog is sponsored by Smith Dollar PC.

Copyright 2004-2011 Rachel M. Dollar

Legal Disclaimer. The information and notices contained on Mortgage Fraud Blog are intended to summarize recent developments in mortgage fraud cases and mortgage banking matters nationwide. The posts on this site are presented as general research and information and are expressly not intended, and should not be regarded, as legal advice. Much of the information on this site concerns allegations made in civil lawsuits and in criminal indictments. All persons are presumed innocent until convicted of a crime. Readers who have particular questions about mortgage banking, mortgage fraud matters or who believe they require legal counsel should seek the advice of an attorney. The creators, editors and sponsors of Mortgage Fraud Blog do not intend to create a confidential relationship or an attorney-client relationship by communication via or arising from this site.


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Home Architectural Design

Home Architectural Design

Harborview Hills by Laidlaw Schultz Architects – Coastal View Living

Posted: 30 Jan 2012 09:31 PM PST

Harborview Hills is a coastal view house designed by Laidlaw Schultz Architects in Corona del Mar, a neighborhood in the affluent city of Newport Beach, California, USA: With a passion for modern architecture and an international understanding of style, the homeowners approached Laidlaw Schultz Architects seeking something unique and suitable for their growing family. The [...]

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Irvine Housing Blog

Irvine Housing Blog

Link to Irvine Housing Blog

Buy or rent at Tiempo in Westpark

Posted: 31 Jan 2012 04:00 AM PST

166 Alicante Aisle is a 2bd/2ba condo in the Tiempo tract in Westpark.  Tiempo is bounded by the Peters Canyon Trail, Alton Parkway, Harvard Ave and San Marco Park.  Click the picture below for a closer view.  The streets in this tract are Alicante, Costero, Abrazio, Marbella and Giovanni.

There are a number of floorplans here and it looks like this property is a plan D.  It looks like there is another Plan D listed currently at $389k: 132 Alicante.  The only recent sale I found for a Plan D looks to be 164 Alicante which closed on 12/29/2011 for $300k.  We'll use that price in the analysis.

166 Alicante

Purchase Price $300,000    
Closing costs $9,000 3%  
Total price $309,000    
Down payment $69,000 20%  
Loan Amount / Percentage Of Price $240,000 80%  
Interest Rate / Period (months) 4.00% 360  
  Monthly Yearly  
Mortgage Payment $1,146 $13,750  
Interest Component $800 $9,600  
Property Tax $258 $3,101 1.03%
Special Assessments $54 $644 0.21%
Effective Tax rate     1.25%
Insurance $50 $600  
HOA 1 $185 $2,220  
HOA 2 $0 $0  
Cash Out $1,693 $20,315  

And here are some possible adjustments that may apply to your situation.  Be sure to also consider how long you may own the property (average is around 6 years), what kind of financing you actually qualify for, how much you put down, the effect of giving up the standard deduction, potential price declines, costs to sell the property, etc.  The NY Times Buy or Rent calculator is a great tool that helps with some of these.


Possible Adjustments      
Interest paid   $9,600  
Property tax   $3,101  
Total deductible   $12,701  
Tax benefit $265 $3,175 25%
Opportunity cost of down payment -$115 -$1,380 2%
Principal paid in mortgage payment $346 -$4,150  

As far as rentals, 36 Marbella was listed on 12/31 and is asking $1850/month.  And 86 Costero leased on 5/3/2011 at $1650/month.  Similar 2 bedroom apartments at San Marco Villa rent between $1,670 and $1,825.  Would you rent or buy this property?

The Real Estate Bloggers

The Real Estate Bloggers

New Home Sales Remain Anemic in 2011

Posted: 30 Jan 2012 06:28 PM PST

The new home sales data was released and the results are less than stellar. For 2011, there were only 302,000 new home sold nationwide. For perspective, in the South the numbers were the lowest since 1966, and that is the good news. In both the Northeast and the West, sales were the worst in recorded history.

So when you are talking with builders, be kind. They have had a very rough few years.

Purchases of single-family properties decreased 2.2 percent to a 307,000 annual pace, figures from the Commerce Department showed today in Washington. The median forecast in a Bloomberg News survey of economists called for a rate of 321,000 home sales. Last year marked the worst year for the industry in records going back to 1963.

The threat of further price declines may be dissuading some Americans from buying a new home even with mortgage rates near all-time lows and more people finding work. Following a lull in 2011, a wave of foreclosures may hamper the recovery in real estate as more distressed properties are put on the market.

“Builders continue to contend with a number of existing homes that are deeply discounted,” said Anika Khan, an economist at Wells Fargo Securities LLC in Charlotte, North Carolina. “We’re expecting a bit of a pickup in 2012, but we won’t see a meaningful increase as long as new homes are competing with those existing homes.” via Bloomberg

New Home Sales Information From the Census Bureau

Thanks for reading this post. If you would like to see more articles like this, please come visit The Real Estate Bloggers. where it was originally published.

New Home Sales Remain Anemic in 2011

Related posts:

  1. 9.6 Percent Drop in Home Sales Nationwide in February 2011
  2. Home Sales Really 20% Less – NAR Changing 5 Years of Home Sales Data
  3. Home Prices Drop Significantly in March 2011, NAR is Optimistic

Monday, January 30, 2012

Home Architectural Design

Home Architectural Design

Gayton Road Residence by Richard Paxton – Modern Glass House

Posted: 29 Jan 2012 08:59 PM PST

The Gayton Road residence is an astonishing modern house designed by Paxton Locher discreetly located in the heart of Hampstead Village. This 6,500 sqf is set behind electric gates, and has a front courtyard with two off-street parking spaces. It set around a spectacular 40ft double-volume reception room. This room has two retractable glass rooflights [...]

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Irvine Housing Blog

Irvine Housing Blog

Link to Irvine Housing Blog

A Review of the Las Ventanas Tract at Portola Springs

Posted: 30 Jan 2012 04:00 AM PST

Las Ventanas (Community Overview) is the first tract I’m reviewing in the Portola Springs Villages. Portola Springs is bordered by the Great Park and the Irvine Ranch Land Preserve in a seemingly remote pocket in Irvine. The closest schools are Stonegate Elementary, Sierra Vista Middle School and Northwood High School. The villages have direct access to the 133 and 241 toll roads with the 5 freeway nearby. Residents living in the Portola Springs Villages are privy to community parks, a lighted soccer field, playgrounds, basket ball and tennis courts, as well as access to hiking trails. It’s truly a self contained private community that appears to be far removed from the busier areas in Irvine. Las Ventanas will have a total of 86 homes in the development.

I instantly saw the huge contrast between Stonegate and Portola Springs. It’s almost as if the builders (Taylor Morrison) fixed all my complaints about Stonegate and Laguna Altura. The ambiance in all three tracts was inviting and I immediately felt like I was “home,” which is important to me. Unlike Stonegate, I was highly receptive to Las Ventanas. Portola Springs is a family oriented neighborhood. In fact, most of the visitors viewing the models were young couples with small children, or very pregnant women looking to move into a larger space to accommodate a new baby. I am none of the above, so these homes were too large for me, but I’m still excited to share with you my observations about the properties.

Base Property Tax:  1.05% of the sales price
AD Tax:   $3,197 per year
CFD Tax:   $1,700 per year
Other Taxes:   $169 per year
Total Effective Tax:   1.75%

HOA:   $150 per month





Residence 1

Price: From $634,900
Bedrooms: 3 + den
Bathrooms: 2.5
Garage: 2 car
Square Footage: 1,871 sq ft

Upon entering Residence 1 you’re immediately greeted on the right by the den. The windows in the den face the outside of the house, bringing in an abundance of light. The model showcased the space as an office. My only concern is that if you turn this space into an office, you’ll have to keep it clean because it’s the first thing you and your guests will see when entering the house. The feature I really enjoyed in the den was the sliding glass doors (optional French doors) leading to a small square courtyard between the kitchen and den. It was unique and cozy. I could imagine myself sipping some lemonade on a lounge chair during the Summer. I didn’t expect a sweet surprise so early in the floorplan. It made me excited to see the rest of the house.

The backyard was much larger than what you’d get at Stonegate. You’ll inherit a lump of dirt in the backyard and you’ll have to landscape it how you’d like. There’s enough room in the backyard for grass, and you can plant some bushes or flowers on the slope. I’m not keen on landscaping, so I’d choose to lay brick or some kind of flooring instead of grass and plant low maintenance shrubs/bushes for the elevated slope. I cringe at the thought of yard work, so for me simple and easy is the way to go. There are tons of options to customize the backyard and make it your own. I’d put lots of seating and a manly barbeque in the backyard. If you have animals, there’s enough space for them to roam. Just a word of caution for cat owners--you are in a nature preserve so beware of coyotes.

The kitchen and dining areas feed into each other in a large rectangular formation. The dining room table in the model sits in front of the doors to the courtyard, giving you a pleasant view. There’s enough space for a six-seater table, but it is somewhat close to the cabinetry. It’s not a deal breaker, and could be resolved with a table suitable for the space. I’d choose to upgrade to the recessed lighting in this area. The kitchen includes stainless steel appliances, with the exception of the counter-depth stainless steel refrigerator. That was kind of a bummer. You are almost forced to upgrade. I think the kitchen has adequate counter space, particularly if you include the extended island. There’s plenty of cabinet storage and a full pantry. You can customize your backsplash if you upgrade, and I’d consider this option if the price is right. I like having choices.

The great room is square-ish and you’d have no trouble fitting an L-shaped sofa and perhaps a couple of chairs. You have the option to include a fireplace--which is a must for me. I actually like having a square space because it makes it easier to place furniture. I really like the feel of the great room and enjoyed the open concept. I think it adds a lighter feel to the downstairs.  

There’s a powder room located at the base of the stairs. It’s tiny, but you have everything you need to get the job done: a toilet and sink. I didn’t like the location of the powder room. It’s too close to the kitchen and I don’t like the idea of having potential odors wafting from the toilet into the kitchen. That was a negative for me. Maybe an air freshener would alleviate this problem. 

The size of the bedrooms are impressive compared to Laguna Altura and Stonegate. They are much more spacious and have more practical closets. The bedrooms are square and offer room for children to grow. If I was a mother I’d feel comfortable planting my roots in this house knowing that my children wouldn’t outgrow their rooms. The first bedroom has access to a small balcony. The second bedroom has it’s own walk-in closet and charming windows.

The master bedroom is spacious enough to suit my tastes and I think that it allows the homeowner the opportunity for personalization. It’s a lovely space with lots of light. I’d be happy sleeping there! For our regular readers you know how particular I am about my master bathrooms. Well, brace yourself: This passed the Wendy inspection! There’s a stand-alone shower and large tub. The toilet is sectioned off in a separate room, and the vanity has enough counter space for my morning routine of make-up, hair dryer and straightening iron. Although the master bathroom was smaller than I’d like to have, it is a workable space. My impression of the master bedroom package was very positive. What a relief and a breath of fresh air compared to Laguna Altura and Stonegate.

The second bathroom is small and narrow, creating the familiar hallway effect. It’s a squeeze, but functional with a dual sink vanity. The toilet is almost flush up (no pun intended) against the shower/tub combo. If I were to offer a critique of the bathroom, the close proximity of the tub to the toilet would be my only complaint.

The upstairs features a full size laundry room with cabinets, a marble counter and optional sink. There’s plenty of space in the laundry room to store cleaning supplies, hampers or any additional items the homeowner would like to hide from view. If I had a cat this is probably where I’d put the litter box.Yes I know, a litter box in the laundry room--just keep the clean clothes separate from the box and don’t leave laundry baskets around for the cat to jump in!

Although Residence 1 is the smallest floorplan of the 3, I think a family could comfortably live here. My impression was really positive and I felt like the house factored in practical living habits--like the need for larger closets in the bedrooms. However, with tract housing, one big concern in my mind is the noise barrier. We’re all very smooshed here in California, and I like my quiet. So it bothered me that I was able to hear the voices from the sales office through the walls within the house. The sales office is attached to the house, but being able to hear a downstairs conversation in the sales office while in an upstairs bedroom makes me very suspicious. It made me wonder if I could hear an upstairs toilet flush while lounging in the great room downstairs. I call this phenomenon the “hotel effect” because that’s something you would expect to hear in a three star hotel room. I think I’m going to have to add the “toilet test” to my review criteria.   

Residence 2

Price: From $671,905
Bedrooms: 4
Bathrooms: 3
Garage: 2 car
Square Footage: 2,075 sq ft

Residence 2 has a bedroom immediately off the entry way. The model features the space as a den. I’d hesitate turning the space into a bedroom because it’s located on the ground level, right off the front door. I don’t like the idea of having a bedroom window facing the sidewalk. There is a petite half bathroom located just off the bedroom which is a nice feature. Perhaps this could work for a roommate situation. Either that or you could stick your guests in that room--which might not be such a bad thing.

When I entered Residence 2 I felt like I was home. The structure strongly appealed to me, perhaps because the design elements reflect my personal tastes making it feel more comfortable. I was keen on the layout and compared to the other models I’ve toured this is the best one I’ve come across. However, many of the features in the model are upgrades: the flooring, built-ins, window coverings, crown moulding (in some areas), and enlarged base boards. I kept thinking of the increasing dollar signs.

The kitchen was beautifully designed and I loved the Maple espresso cabinetry. The homeowner obviously has the option to choose their design elements, but the dark wood made the space chic, clean and modern. The cabinet space was just right. I think Laguna Altura and Stonegate have too much cabinetry in their kitchens, and I felt like I was sacrificing full-length pantry space in those tracts. This kitchen was much more proportionate and didn’t haphazardly place their microwaves in the middle of the cupboards like Stonegate. The homeowner has the opportunity to upgrade the stainless steel appliances. There’s a lovely kitchen window that faces the backyard which makes the space feel open and light. There’s plenty of space to fit a 6-8 seater dining room table.

Much like Residence 1 sitting in the living room is like being in a big square. You have the option for a fireplace--part of me is miffed that the fireplace isn’t included. There’s a media niche so you can mount your flat screen television, which I thought was a nice element. It makes the room more streamlined.

I loved the backyard. It’s Wendy-sized. I’d feel comfortable having a couple of dogs--or kids. If you entertain often, you can easily create a pleasant atmosphere out there. As I said with Residence 1, landscaping would be a concern for me, so I’d opt to keep it as simple as possible or have someone come and maintain it for me. I wouldn’t lay sod--storing a mower for such as small space would seem like a waste. 

The upstairs bedrooms are acceptable, and probably similar in size to the master bedroom in my apartment. Bedrooms 2 and 3 share a wall.

It’s a big plus that the master bedroom is separated from the other rooms. The master bedroom is not overly large, but sufficient for its purpose. I think I slobbered a bit when I entered the master bathroom. Part of me didn’t believe my eyes. It was absolutely lovely. The walk-in shower is huge. There’s a ton of custom design in the model. It looks very chic, but I’m suspicious of the price tag for the upgrades. The only downside to having a large shower is more to clean, particularly if you have grouting from the upgrades. If you have a lot of toiletries in the shower, you have nowhere to hide them since the shower is encased in glass. This also creates less privacy. Additionally, the vanity mirror faces the shower, so if someone is getting ready at the vanity while another person is showering you’ll have a free peep show. This may be a good or bad thing! However, the two vanities are separated by the tub, and the second vanity mirror doesn’t have a direct view of the shower. My only critique is the layout of the shower/vanity. Otherwise I was very happy with the bathroom.

The second bath was decent. There is a nice linen closet. The shower/tub and toilet are located in a separate room. The only thing that I didn’t like was the layout in regards to the hallway. The bathroom is off the hallway and if you’re getting ready at the vanity, people can walk by and see you (unless you close the door). It’s not that big of a deal, but because the bathroom is narrow, I almost felt like it was an extension of the hallway. Maybe that’s what bothered me the most.

The laundry room is similar to Residence 1, with the option to upgrade to the Maple Espresso cabinets and laundry sink. I personally am not sure that I need a sink in the laundry room. It’s not at the top of my upgrade list. I’ll admit, having a decent sized laundry room is a bonus. I’d almost feel spoiled.

Out of the three residences, Residence 2 spoke to me. I liked practically everything in the house and didn’t find too much to critique. There were no deal breakers for me and I didn’t feel like I was sacrificing anything.

Residence 3

Price: From $707,790
Bedrooms: 4 + den (optional loft in lieu of bedroom 4)
Bathrooms: 3
Garage: 2 car
Square Footage: 2,304 sq ft

Residence 3 is the largest floor plan in Las Ventanas, and it’s also the most expensive. Just like Residence 2 there’s a small bedroom with a half bath on the first floor. I loved the open concept. The floor plan was more like a wrap around layout. The living room is visible upon entering Residence 3 and if you turn the corner a bit, you’ll find yourself in the dining and kitchen area.

Like the other two models, the kitchen has a nice flow to it, and there’s a larger, more distinct space for the dining room. What I liked about the kitchen was that there was plenty of lower cabinet space.

Residence 3 offers a loft and “tech center” at the top of the stairs. The loft is perfect for an entertainment room and I wouldn’t make it into a bedroom. It shares a wall with the master bedroom and it’s a bit small. I really liked the tech center. It’s a built in desk that wraps around in an “L” shape around the wall. The reason I liked it so much is that the office space is located upstairs, hidden from view of house guests (unless they go upstairs).

What was unique about this floorplan was the split space off the staircase. On one side you have the two upstairs bedrooms sectioned off by a small common area, and on the opposite side is the master suite. I thought this was a very well done for privacy. It can work for roommates and families. There’s a deck located off of bedrooms 2 and 3, but it is only accessible from the common area between the two bedrooms.

The master bedroom is a decent size. The master bathroom is smaller than Residence 2, but I can’t complain about it. The bathroom separates the vanities, and you still have a full view of the shower like Residence 2.

When all was said and done, I was pleased with the floorplan. The tech center and loft were pluses for me. My sister has two boys who do nothing but play video games, and as I think about their growing household an entertainment room would be a selling point for her family.

After reviewing my first tract in Portola Springs I can’t wait to see the rest. I’m hoping to be pleasantly surprised. The pricing is hard for me to stomach, but compared to house in Turtle Rock that I reviewed last week (18711 Paseo Picasso), which was built in 1973 and offered at $675,000 I’d rather invest in the Portola Springs property. I suppose it’s all about perspective.

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