Florida Mortgage Fraud Task Force Makes More Arrests

Allison Tussey —  November 9, 2009 — 4 Comments

A two week arrest operation of individuals involved in several mortgage fraud schemes concluded with the capture of the following individuals:

Kleimer Cruz, 28, Nancy L. Ortega, 38, Pedro Orestes Garcia, 45, Katherine Q. Mojica, 30, Jesus M. Montero, 31, Heriberto E. Jimenez, 49, Kelia Michelle Marrero, 34, Nereyda Sosa aka Nereida Sosa, 49, Annelise Avila, 39, Wendy Sanchez, 35, Eric Humberto Morera, 42, Luis Alberto Doval, 40, Jose Carlos Marrero, 38, Osmany Pereira Garcia, 54, Carmen Rojas Poerschke, 55, Flavia C. Gil, 45, Jose Luis Garcia, 44, Fernando Boix-Lopez, 47, Michelle Mediavilla Camacho aka Michelle Mediavilla Minikus, 39, Rosemary J. Gomez, 43, Jorge Luis Villanueva, 45, and Lazaro Rodriguez, 42.

Additionally, Kimberly Irene Mendez, 38 and Gil Rodriguez, 56, have active warrants for their arrest due to their participation in this fraud.

As part of Mayor Carlos Alvarez’s Mortgage Fraud Task Force, the Miami-Dade Police Department conducted an extensive two year investigation into an organized criminal enterprise responsible for the loss of approximately $35 million dollars in Mortgage Fraud. The enterprise entailed criminal activity to include, but not limited to, racketeering, conspiracy to commit racketeering, grand theft, mortgage fraud and money laundering.

The investigation into this criminal enterprise revealed that the offenders utilized a Straw Buyer and made false misrepresentations to lenders in order to secure mortgage loans with the intent of dividing and diverting portions of the illicit proceeds.

The co-conspirators were involved in several schemes one of which is to pay the owner’s asking price for the home, and then inflate the contract purchase price using two sales contracts and HUD 1 Settlement Statements. This is done by conducting simultaneous closings without the lenders’ knowledge. This scheme allows the co-conspirators to get cash back at closing. However, cash back at closing is diverted to an undisclosed third party in order to receive the illicit funds.

Another scheme utilized by the offender was to get the sellers to agree to a price that is higher than their original asking price. On a few occasions the straw buyer’s realtor would approach the seller’s and/or their realtor with a sales contract much higher than that of the original asking price. The difference was listed in the contract as a credit to remodel and/or repair the property. This was done as a disguise to help funnel the illicit gains without the lender’s knowledge as no remodeling or repairs were done to the property. The co-conspirators were also creating fictitious payoff letters stipulating that the sellers had an additional lien on the property or would also disguise the excess monies as a payoff to a second mortgage held by the seller.

The Mayor Carlos Alvarez Mortgage Fraud Task Force is made up of law enforcement officials, prosecutors, business leaders, elected officials and other public servants. Through their vision and direction the Task Force aims to continue to reduce and prevent mortgage fraud through law enforcement and prosecution, legislation and public education.

Mayor ALvarez also thanked the Attorney General’s Office of Statewide Prosecution, the United States Secret Service, Watauga County Police Department in North Carolina, Glades County Sheriff’s Office, and the Florida Department of Law Enforcement for their assistance with this investigation.

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Allison Tussey

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4 responses to Florida Mortgage Fraud Task Force Makes More Arrests

    Have you met the slick team of Barry Silber and Jim Marks from Tampa Florida and Amanda SIGLER The REALTOR? Did you lose a home or property to them? Did you work for them? Jim Marks who I will call the front man for Barry Silber came to our home when we fell behind on our home mortgage. BARRY SILBER AND MARKS worked in the same building and may have been related in some way…AMAND SIGLER SOLD and bought PROPERTIES FOR THE GROUP> In the begining: Marks responded to a public notice with statements of how he could rescue us from the forclosure, repair our credit and get us a low cost loan. Our only fault was that we had a great deal of equity in many family waterfront properties and we told MARKS AND AMANDA SIGLER about it. It took some time but after Marks gained our complete trust and confidence he created a company for us that he managed. He eventually got control of all our families assets, then he and Barry Silber creativly proceded to strip and con us out of everything and I do mean everything. Behind it all… Was Barry Silber his friend or relative directing Marks from the very begining? Silber a hard money lender / Attorney out of tampa was very sharp and we were very stupid to trust him and Marks but through slick complex loans and agreements that we didn’t understand Silber now ownes 50% of our company and Marks ownes the other 50%. They had us sign many of the agreements / loans after hours as they suffled us from room to room and as Silber recreated contacts in his office. We were given many corrected / redone copies to sign. I think their purpose was to hide us from the other people in the offices and beat us down as they teamed up on us. Results of the late night signing created a one year default that took everything and we had. Many of our future income properties have been sold by these guys and now they are forclosing on our waterfront home. At one point they both tried to sell us back out families propeties for 4.5 million. But they knew we never had that kind of money but we at some point did have the equity that they conned out of us. We believed that Marks was our good friend, in the begining he was kind and considerate and he assured us that he would protect our families assets if he was given control to manage them. He brought us food and lent us small amounts of money when we needed it because we had no income at that time but we knew that we could sell anyone of our families properties for cash if we needed it, So we, like complete idiots trusted Marks with everything even the books and money, He even convinced us to not sell any properties becuse he could do much better for us if he handled the properties. But he was only setting us up to take everything. Lets not forget Amanda Sigler another (new friend) realtor who stood to gain a great deal from our destruction and who may have been feeding important info to Marks. We believe that because of our Kindness, age and good equity in family properties we became Marks personal bank account… Were we targeted from the very begining by nothing more then a family of predatory lenders who’s only intention was to strip us of all our equity and gain control of all our properties? That is exactly what they did. We believe that we were steered right into the hands of Barry Silber this hard money lender Barry who owned and Linear Captial out of Tampa Florida. All the while Marks our friend and partner / a mortgage broker had promised us that he was searching for a better loan for us. Today we are in court and we are now asking every law enforcement agency including tha United States attorny general, Eric Holder, Fla States Attorney general and others involved in mortgage fraud to procecution these people for crimial Usuary and corporate fraud. If they took more than 45% in proffits and interest via the mortgage con jobs etc then they may have vioations some RICO issues but we do not know for sure. My attorney says that they may go to jail and may lose their licence to practice law and sell mortgages. If you have had any dealing with or worked with these people in any way please let us know. All calls will be kept private. Call Ray at 352-274-8467

  2. Good evening,

    I write a book on pseudocides (faked death).
    Could you let me know what are the punishments incurred in the state of California in this case
    In advance, I thank you for it
    Best regards

  3. This sounds like an Off Shoot of the same group of thirty-one people who were indicted in 2007 for mortgage fraud here on Marco Island.

    The real estate and appraisal business is still suffering from their actions, and many of those who “Aided and Abetted” are still walking around, free as birds.

    Law enforcement must go deeper into these cases and set more examples if this practice is ever expected to stop.

    As one appraiser said to me, “It’s like picking apples off a tree”.

  4. Look at Lehigh Acres and a few fast car boys too. Talking about some wheeling dealing money staeling politicians kids.
    Uncle Porter has them protected !

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