One Santa Paulan arrested in major crackdown on alleged mortgage fraud

June 23, 2010
Santa Paula News

Arrests by federal and local authorities of 13 county residents - including a Santa Paula woman - for widespread fraud that caused banks to fund at least $35 million in mortgages was announced June 17 by Ventura County District Attorney Greg Totten, whose office first began the investigation.

“The criminal conduct that is the basis of today’s federal indictments is our own Ventura County example of the greed, avarice and fraud that drove much of this nation’s real estate meltdown,” Totten said.

In Ventura County, the arrests followed two indictments charging 14 people - one of those charged, 57-year-old Oxnard resident Richard Ceniseroz, is believed to be traveling abroad - with filing fraudulent loan applications that caused banks to fund at least $35 million in mortgages. Among those arrested was Leticia Hernandez, 38, Santa Paula.

Kay Wilson-Bolton, owner of Santa Paula-based Century 21 Buena Vista, said she was the first complain of fraud in 2001. “I reported fraud” and the suspect was arrested two years later.

“Actually, I was upset about Century 21,” which Wilson-Bolton said ignored her warnings about the conduct of two individuals for a decade, and “Nothing to my knowledge was done to stop the practices.” Wilson-Bolton “took one of their brokers” to a standard practices hearing, where he party was found guilty and fined $5,000.

Such fraudulent activity throughout the industry “has been apparent in the county since about 2000.... Those who have been reporting were thrilled when they heard about the arrests, thought it’s about time.”

Wilson-Bolton said the “sad thing is every company has somebody who cheats, steals and lies. Greed is a terrible thing.... It takes a team” consisting of a loan processor, lender and broker, among others, to carry out the fraud.

“None of these people,” said Wilson-Bolton “acted alone.... They got away with it for a while and they’ll have a lot of time to think about this,” while serving time in a federal prison.

Those linked to mortgage fraud operations filed fraudulent loan applications with several banks and other lenders, generated millions of dollars in loan fees and real estate commissions, and caused millions of dollars in losses when the homes went into foreclosure because the purchasers were unable to make their monthly payments.

The two federal indictments - returned in recent weeks by a federal grand jury in Los Angeles - outline schemes in which real estate professionals prepared mortgage applications that contained false information about borrowers’ income, employment, assets, and intent to occupy the properties. In the first case, which names 10 defendants, investigators estimate the conspiracy was responsible for banks funding at least $25 million in mortgages. In the second case, which names four defendants, authorities believe banks funded at least $10 million based on fraudulent loan applications.

According to Totten, the defendants in these cases generated huge commissions and fees through the mortgage application process, with the largest commissions coming when the banks approved loans and paid “yield spread premiums” or “rebates” to mortgage brokers who convinced borrowers to seek high-risk “option ARM” and similar mortgages that started with low monthly payments that dramatically increased after the “teaser” period, leaving many duped borrowers unable to make their payments.

The alleged criminal activity took place during the California real estate boom four or five years ago through early 2009, according to authorities. Buyers were actively sought, including public housing tract recruitments, where many spoke limited English and made little more than minimum wage who were convinced deals offered were their chance at the dream of home ownership. Paperwork was allegedly falsified to show widely inflated figures for the buyers’ income and financial assets.

In 2006, Totten said local authorities started getting complaints from other real estate professionals who were concerned about unscrupulous loan practices they were seeing. Totten said early in the investigation it was discovered that members of the Ventura County real estate community were getting rich by “exploiting lending institutions through deceit and fraud.” On indicted defendant who worked for a mortgage broker is accused of closing 110 fraudulent loans in 2005 alone, pocketing more than $800,000 in commissions.

Those arrested include real estate agents, mortgage brokers and individual borrowers. Aside from Hernandez, also arrested were Rosa Amelia Fernandez, 34, Camarillo, who worked at Mortech Financial; Raul Rocha, 37, Camarillo, who worked for Century 21 Premier Hills and Estates; Luis Ramos, 40, Camarillo; Rogelio Vega, 43, Oxnard; Patricia Vega, 43, Camarillo; Eduardo Magdaleno, 62, Ventura; Lilibell Meza, 34, Fillmore; Eduardo Reyes, 33, Oxnard; Miriam Sukey Estrada, 32, Oxnard, who operated Platinum Power and Premier Tax Service in Oxnard; Adela Naranjo, 50, Oxnard, who operated Platinum Power with Estrada; Maria Del Rocio Partida, 45, Oxnard, a real estate agent at Century 21 Premier Real Estate in Oxnard; and Juan Manuel Banales Venegas, 23, Oxnard.

The arrests were done in conjunction with the largest crackdown on mortgage fraud in U.S. history. So far, there are 1,215 criminal defendants in cases that uncovered more than $2.3 billion in losses. The Justice Department also has engaged in civil enforcement actions to recover more than $147 million in the operation.

Hundreds of FBI agents are working on task forces with other law enforcement agencies to combat a type of crime that poses “a risk to our economic stability” as a nation, FBI Director Robert Mueller said at a Washington news conference.

At the local level, Totten warned that investigations into mortgage fraud are ongoing, and the arrests of the county residents are “just the beginning.”

 





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