[oiniguez]

My question involves criminal law for the state of: california

i have been defrauded by a hardmoney lender. he made me sign a blank 1003, blank loan, fake employment, fake income, no appraisal. forced the loan on me and now has take my home in a foreclosure. basically he said it was a personal loan from his own pocket to try to cover up his mess. but reading other forums, he cant use his own money in his business transaction. its co-mingaling. bottom line is he funded a federal loan and has committed bank fraud, mortgage fraud, wire fraud, and mail fraud. he is the owner of the company, he also acts as the loan officer, escrow officer, title officer. he is a one man operation. he cant switch the blame to anyone. he is president of the company as well as the loan officer who signed the loan. im willing to try this civilly, but i want to know what recourse i have trying this criminally. i have had 3 lawyer confirm the fraud. and now it has become stolen property. my home is worth 1.2 million and the balance was 435k. he has caused many more damages. i have a good case.....im pretty upset. any and all advice would be appreciated.

[OhMy]

My question involves criminal law for the state of: california

i have been defrauded by a hardmoney lender. he made me sign a blank 1003, blank loan, fake employment, fake income, no appraisal. forced the loan on me and now has take my home in a foreclosure. basically he said it was a personal loan from his own pocket to try to cover up his mess. but reading other forums, he cant use his own money in his business transaction. its co-mingaling. bottom line is he funded a federal loan and has committed bank fraud, mortgage fraud, wire fraud, and mail fraud. he is the owner of the company, he also acts as the loan officer, escrow officer, title officer. he is a one man operation. he cant switch the blame to anyone. he is president of the company as well as the loan officer who signed the loan. im willing to try this civilly, but i want to know what recourse i have trying this criminally. i have had 3 lawyer confirm the fraud. and now it has become stolen property. my home is worth 1.2 million and the balance was 435k. he has caused many more damages. i have a good case.....im pretty upset. any and all advice would be appreciated.

From what you posted on here, I can think of at least 6 federal charges off the top of my head.

I suggest you contact the FBI mortgage fruad task force to file a complaint;

http://www.fbi.gov/publications/fina...crime_2006.htm


Here is a link to a blog dedicated to these types of fraud so you can educate yourself;

http://www.mortgagefraudblog.com/

[seniorjudge]

...
he made me sign a blank 1003, blank loan, fake employment, fake income, no appraisal.
...

How did he make you do this?

[OhMy]

How did he make you do this?

Agreed, you have to be careful in a case like this or you can find yourself sitting at the defendants table next to your mortgage broker.

[oiniguez]

how did he make me do this......?????

i was beaten up by a person, and sent to this guy to sign papers "or else"

this guy draws up the loan, with blank documents and funds it in a couple of days.... sends me on my way with a 2nd on my home, due back in 12 months... slime ball....

i dont want to get into specifics, but yeah. its a great case....

[OhMy]

how did he make me do this......?????

i was beaten up by a person, and sent to this guy to sign papers "or else"

this guy draws up the loan, with blank documents and funds it in a couple of days.... sends me on my way with a 2nd on my home, due back in 12 months... slime ball....

i dont want to get into specifics, but yeah. its a great case....

I understand that you are upset, but when you post in a forum it is hard to tell if you where really "beaten up" or not.

So please be very detail specific as many of the posts on this site do deal with violence. I am not sure if someone did "beat you up" and forced you to sign your loan docs or is this just a figure of speech?

[oiniguez]

no, i was beaten up. punched and assaulted... police report....and witnesses...a long story...

but then sent to this bad loan guy..

loan is done with him having us sign
blank loan docs
no credit check
no income check
no employment check
no DTI check
no LTV check
no asset check
no liability check
no title check
he also violated a privacy policy act (which one of them admitted to under oath at the restraining order hearing)
hud 1 made and given to us after our 3 day recission was over, he inflated the prices. he made us a loan for $100,000 and we had to sign or else.
he also use unlicensed agents
no escrow
made the loan a investment property loan vs a primary home.
he even went as far as to change our homeowners insurance to his guys insurance company.....
he wanted full control of every aspect of the property on that day.
its some armenia name... i cant remember, but its kinda like babik or habik... we were referred to him by his phoney loan officer (jk). call the insurance company they used and find out who wrote that policy and ask them if he knows (jk)....
he also stopped sending us our mortgage coupon after 3 months... we called the company and asked why and they said they just didnt want to send them to us anymore....we also had our payments returned to us 3 times... they just didnt want us to pay the note so it defaults...we asked about that and they just gave us a different p.o. box....

but at that point i knew it was gonna be bad....fraud all the way

this guy is done, how do i get my lawyer to tell his lawyers, that its a huge federal case if he doesnt cooperate?

when i asked him about it he said it was a personal loan from his own pocket...i know thats a crime as well... co-mingling money...

he also said he didnt have to follow federal and state loan rules becasue he is the president of the company and he can approve any loan he wants.

im sure he has some obligation to his investors (banks) to make sure his borrowers can repay there loan.

but he set us up for foreclosure...

he knew the money that was to be made and did it knowing he had backing from a local gang.....

the gang that beat me up.... extorted me for about 6-8 months.....

i would love to go to the f.b.i.

i want to solve this criminally....

ok, another question, can my civil lawyer advise the defendant of the federal crimes he has commited in our complaint, in order to get them to move on there end....

if i do take this criminally, what is the time frame for getting my home back and payment of damages?

and how is my title effected?

right now he has title to the property, but i have a lis pendence on the property. and the first loan is in someone else's name, so he cant take the home completely.

will the first mortgage bank stop foreclosure proceeding due to the criminal case? mind you, i have the lis pendence.

i asked one federal agent and he said to get a lis pendence and then take it criminally, that way it is protected in the criminal case, and the FBI will return title when they close the case.

is this correct?

[oiniguez]

no, i was beaten up. punched and assaulted... police report....and witnesses...a long story...

but then sent to this bad loan guy..

loan is done with him having us sign
blank loan docs
no credit check
no income check
no employment check
no DTI check
no LTV check
no asset check
no liability check
no title check
he also violated a privacy policy act (which one of them admitted to under oath at the restraining order hearing)
hud 1 made and given to us after our 3 day recission was over, he inflated the prices. he made us a loan for $100,000 and we had to sign or else.
he also use unlicensed agents
no escrow
made the loan a investment property loan vs a primary home.
he even went as far as to change our homeowners insurance to his guys insurance company.....
he wanted full control of every aspect of the property on that day.
its some armenia name... i cant remember, but its kinda like babik or habik... we were referred to him by his phoney loan officer (jk). call the insurance company they used and find out who wrote that policy and ask them if he knows (jk)....
he also stopped sending us our mortgage coupon after 3 months... we called the company and asked why and they said they just didnt want to send them to us anymore....we also had our payments returned to us 3 times... they just didnt want us to pay the note so it defaults...we asked about that and they just gave us a different p.o. box....

but at that point i knew it was gonna be bad....fraud all the way

this guy is done, how do i get my lawyer to tell his lawyers, that its a huge federal case if he doesnt cooperate?

when i asked him about it he said it was a personal loan from his own pocket...i know thats a crime as well... co-mingling money...

he also said he didnt have to follow federal and state loan rules becasue he is the president of the company and he can approve any loan he wants.

im sure he has some obligation to his investors (banks) to make sure his borrowers can repay there loan.

but he set us up for foreclosure...

he knew the money that was to be made and did it knowing he had backing from a local gang.....

the gang that beat me up.... extorted me for about 6-8 months.....

i would love to go to the f.b.i.

i want to solve this criminally....

ok, another question, can my civil lawyer advise the defendant of the federal crimes he has commited in our complaint, in order to get them to move on there end....

if i do take this criminally, what is the time frame for getting my home back and payment of damages?

and how is my title effected?

right now he has title to the property, but i have a lis pendence on the property. and the first loan is in someone else's name, so he cant take the home completely.

will the first mortgage bank stop foreclosure proceeding due to the criminal case? mind you, i have the lis pendence.

i asked one federal agent and he said to get a lis pendence and then take it criminally, that way it is protected in the criminal case, and the FBI will return title when they close the case.

is this correct?

[OhMy]

Thre is way too much going on here for me to answer at this point. You need to hire an attorney to sort this all out.

You also need to go to the DA's office in your county, as well as the FBI.

Since you never had a title policy I do not know if you really ever owned the property. Again way too involved here for this type of site.

No income check, no asset check this was typical up to almost a year ago they where knows as NINA loans which is what you may of had.

NINA = NO INCOME, NO ASSET verification loans, they checked almost nothing.

Since you have a police report from way back on the injury part , bring that to the DA along with whatever papers you have. They will listen to what you have to say and figure out where to start with this mess.