Because his businesses slumped badly during the economic downturn, Jonathan Boxman diverted clients’ title and recording fees to pay operating expenses and salaries at his firms. He said he sought to avoid layoffs and keep his companies afloat. Boxman said he also put more than $1 million of his own money into his businesses, which at one time employed 250 people.
However, instead of paying the required fees and safeguarding the escrow money, the defendant is said to have transferred the cash into accounts for his businesses, court papers said. Boxman paid his failing companies’ operating expenses with the funds and also covered prior thefts with them, prosecutors allege. He then directed employees to cover up the embezzlement. More at SILive
Comment: I have always said that I believe most embezzlement of funds in this difficult time for the title industry is caused by those who believe that “if I just borrow funds for a little while, the market will return, and I will pay it all back.” Moral of the story: embezzlement is still embezzlement.
Mary Ann Palladino-DeVito, 41, and her husband Joseph, 39, owners of the now-defunct Abstracts Unlimited, have been arraigned on charges that they embezzled more than $1 million from homeowners seeking to clear property titles. “As part of this mortgage fraud scheme, these defendants are alleged to have victimized new homeowners … by accepting payment for mortgage fees, mortgage taxes, customer fees, real property filing fees, and escrow account funds and then misappropriating the funds for their own purposes,” District Attorney Donovan said. More at SILive
Scam One: The Florida Land Title Association reports having been hit with a new fraud of a type that could easily catch any of us. A couple left their closing with a check for their proceeds. A couple of hours later, they returned to the closing office with the check and asked for a wire transfer instead. The closer voided the check and processed the wire. Unfortunately, the couple had used their smart phone and deposited the check before returning to the branch.
Even normal “Positive Pay” protections would not have caught this as the original check had already been approved for payment.
Scam Two: Similar Scam could be used for closing, so beware: Nigeria has extradited a man accused of scamming more than 80 law firms and lawyers out of $31 million in a debt collection ruse.
Nigeria’s anti-graft agency announced the extradition of Emmanuel Ekhator to the United States on Friday, the Associated Press reports. He is one of several people accused of participating in a fraud ring. Charging documents say the ring not only collected $31 million in the scam, it also tried without success to defraud 300 other lawyers and firms out of $100 million.
The scam worked this way: One scammer would contact a law firm for help collecting a debt. Another person posing as the debtor would send a fake check to the law firm, which would take its fee before sending the remainder to the client. If the scam goes according to plan, the so-called client gets the money before the fake check is discovered.
According to a superseding indictment (PDF), victims included several Pennsylvania law firms, a Canadian law firm and an Alabama law firm.
Another amazing story of fraud in the Title Industry. An underwriters nightmare, and a closer clearly over her head. Palm Beach Post
Both of my title websites – www.LandRecs.com and www.RealEstateTitles.us have been hacked. Heaven only knows why someone would have any interest in attacking such a small, land title specific site…?
However, this means my normal use of communication from this site, my list of products – books, classes, CD’s etc are presently off-line. Please contact me at LandRecs@aol.com for information. My wonderful website manager, Frank, is working on it, but I do not know when it will be functioning properly. But please stay in touch. Jeanne
The Minnesota Department of Commerce has charged three title insurance companies and mortgage originators for alleged offenses ranging from misappropriating funds to charging fees for services not provided.
Albert Lea Abstract Company, sister companies Meredian Financial Corporation and Fortis Title Solutions Corporation, and New Millennium Title Group received enforcement actions last week that outlined alleged abuses and violations of Minnesota Law.
“We want to send a clear message today that companies doing business in our state must act responsibly and abide by our laws,” Commerce Commissioner Mike Rothman said in a statement. “These scams and swindles not only hurt consumers, but threaten healthy competition in the marketplace.” Read more at the Twin City Business Magazine
Another frightening case for County officials. This time the Ventura County’s Online Credit Card Payment System in the Tax Collector’s office was foiled. It appears to have been hacked from a location somewhere in the Philippines, according to county officials, and it sent out emails to an unknown number of people who had previously paid their taxes online through the system. The Ventura County, CA Tax Collector, Steven Hintz, says received a “phishing” email, as he had previously used the online system to pay his taxes. He knew it hadn’t been sent, and knew enough not to open it. Others who did respond to paying their real estate taxes online may have a problem. Read more at the LA Times and catch the news and video news report at KEYT News
In Illinois, workers couldn’t access the Cook County Recorder of Deeds website on April 12th. Worse, they complained they were being rerouted to sex sites. More at the Chicago Tribune While computers are wonderful and marvelous things, we must all take care when accessing information that was not sought from supposedly “official county sites.”
A Twin Cities lawyer who pleaded guilty last year to federal fraud and money-laundering charges, Trent C. Jonas, has lost his license to practice in Minnesota. Authorities said Mr Jonas siphoned about $5.3 million from more than 3,000 mortgage transactions through Jonas’ title insurance companies, Title Source and Zen Title. More at The StarTribune
Maryland insurance regulators have suspended the license of Beltway Title and Abstract Inc. of Crofton and related settlement companies due to misappropriation of funds. The company used more than $1 million that was set aside to pay mortgages or closing expenses for clients to cover its business expenses. Acting State Insurance Commissioner Beth Sammis says, “We’re going to work with the industry and all producers to find the best way to ensure that Marylanders can have faith that when they close on a house, it’s done properly.” Read story from Baltimore Post
Disbarred Attorney, Jason Fischer, was co-owner of Real Source Title, an agency with offices in: Burnsville and Mahtomedi Minnesota; Hudson, Wisconsin and Illinois. His underwriter was Old Republic National Title. Fischer admitted that he began illegally stealing money from his company’s escrow accounts to himself and other business ventures beginning in 2006 and continuing into 2009. Fischer drained the entire title agency escrow account leaving no funds to pay fifteen mortgages that Real Source Title was responsible to pay. This left the mortgagors with ruined credit and foreclosure issues on loans they thought were paid. Fischer admitted to his theft in Wisconsin State Supreme Court acknowledging that he misappropriated over $2 million dollars from his company’s escrow accounts including nearly $500,000 in a restaurant venture where Fischer had an ownership interest as well as around $350,000 for personal use. Fischer was sentenced to more than four years in federal prison for stealing more than $3 million from a real estate title and escrow company that he co-owned. More at MPLS STAR TRIBUNE