Anthony V. Weis, 45, Phoenix, Maryland, pleaded guilty to wire fraud in connection with a mortgage fraud scheme to defraud lenders of approximately $3.7 million in just eight months.
According to Weis‘s plea agreement, Weis was the president and a shareholder of Maple Leaf Title LLC (MLT), a real estate title agency located in Towson, Maryland. Weis directed MLT employees in 13 real estate closings conducted between February and September 2009 to withhold the payoff checks from institutions that held the existing mortgage loan notes on the properties. In each instance, the settlement statement sent to the borrower’s lender falsely represented that the payoff was being made.
In an effort to conceal the fraud scheme, Weis caused monthly mortgage payments to be made to the banks holding the mortgage notes. Believing that the bank had been paid off as a result of the settlement, the borrower stopped making monthly payments on that mortgage. And since that lender was receiving monthly payments, it had no reason to notify the borrower of any delinquency. However, because Weis was unable to send checks in every case where he had misappropriated the payoffs from escrow, a number of MLT clients received delinquency notices for non-payment of the mortgage note. A few were threatened with foreclosure and were forced to hire attorneys to prevent being ejected from their homes.
Because the existing mortgages had not been paid off, the liens against the property were not removed and a title free of pre-existing liens and claims (clear title) could not be passed to the new lender and borrower. An insurance company had issued title insurance policies to the borrowers guaranteeing clear title. As a result of Weis‘s criminal conduct, the title insurance company ultimately paid out $3.7 million to financial institutions that held mortgage notes.
Weis faces a maximum sentence of 30 years in prison followed by five years of supervised release and a fine of $1 million. U.S. District Judge Catherine C. Blake has scheduled sentencing for February 4, 2011, at 10:15 a.m.
Posted via email from Title Insurance New service powered by Closing.com enables users to create Good Faith Estimates with real-time fees backed by a compliance guarantee, directly from Encompass360™ PLEASANTON, CA and LA JOLLA, CA – November 18, 2010 – (RealEstateRama) — Ellie Mae®, the enterprise mortgage origination technology provider for mortgage bankers, mortgage brokers, community banks, credit unions and other mortgage lenders, and Closing.com, the largest one-stop-shop for real estate closing services on the Web, have announced the launch of Encompass Assured GFE™ service powered by Closing.com’s SmartGFE® Service. With Encompass Assured GFE, Encompass360™ users can now create Good Faith Estimates, which are backed by a ClosingCorp compliance guarantee, directly from their Encompass360 systems. Posted via email from Title Insurance The following is an exerpt of a letter from a list of trade associations encouraging Tim Geithner, Ben Bernanke, and Shaun Donovan to consider combining some of the forms that need to be executed in the mortgage process. Read the entire letter here The undersigned trade associations, representing the real estate finance industry, appreciate the Board’s and HUD’s efforts to improve disclosures to mortgage borrowers under the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA). At this point, however, Special Advisor to the President Elizabeth Warren and Treasury staff have begun discussions internally and with stakeholders to combine the two disclosures into a single, integrated disclosure, and we understand that effort will be a first priority of the new Bureau of Consumer Financial Protection (Bureau). Every segment of the financial services industry shares the objective of doing something “exceptional” to improve the mortgage disclosure process for consumers and we fully support this important work. Both disclosures are provided to borrowers throughout the mortgage process and integrating them will greatly increase transparency and consumer understanding of the mortgage transaction. Notwithstanding, it is important to recognize that this vital initiative is being undertaken in the midst of a surfeit of proposed and final regulations that require fundamental changes to the mortgage finance business model and a generation of systems which support it. Read the entire letter at scribd.com Posted via email from Title Insurance
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