Jay Berger, 54, mortgage broker, settlement agent and title agent, was charged by Information in connection with his alleged involvement in a real estate closing scheme that defrauded title companies and lenders in excess of $4.6 million dollars. Also charged in a separate Information was Margaret Carole Fisher, 53.
According to the Information , Berger would not pay off existing mortgages after settlements, but would instead keep those funds for himself. Berger diverted funds intended to pay off the existing mortgage to a bank account he controlled, after which he would usually send a change of address request to the holder of the client’s existing mortgage, instructing the holder of the existing mortgage to forward all correspondence either to Berger’s office or to a post office box controlled by Berger.
Berger then, in most instances, made at least some payments on the client’s existing mortgage in order to prevent immediate foreclosure. If a homeowner discovered at a later date that an existing mortgage had not been paid off, Berger would usually falsely tell the homeowner that there had been some type of misunderstanding or clerical error, and that he would take care of the problem.
According to the Information, Berger owned United Mortgage Service Company, a mortgage broker, and Imperial Abstract and Settlement Company, a title insurance agency. He also worked with United Settlement Services, a title agency owned by his wife. All three of these companies are located in Bala Cynwyd, Pennsylvania. Fisher worked on mortgage transactions at all of these companies.
Fisher, who was charged in a separate Information, is alleged to have participated in a scheme to defraud homeowners, finance companies and title insurance companies of $459,864.66. According to that Information, an individual working with Fisher kept the money intended to pay off prior mortgages for himself, and made at least $70,000 in “loans” to Fisher which he knew were unlikely to be repaid.
Berger is alleged to have devised a scheme that defrauded Washington Mutual Bank, GE Capital Mortgage Services, Associates Home Equity Services, Inc., Chase Manhattan Mortgage, Wendover Financial Services, Fairbanks Capital Corporation, Countrywide Home Loans, Equicredit, Wells Fargo, Irwin Mortgage Corporation, EMC Mortgage Corporation, Option One Mortgage, US Bank, Pennsylvania Business Bank, WMC, Litton Loan Servicing, and GMAC Mortgage Corporation, and title insurance companies Fidelity National Title Insurance Company of New York and Stewart Title Guarantee Corporation.
What a low life this guy is to steal from clients and keep the money for himself. I hope he goes down for years. He was smart enough to create this scheme, paying the monthly payment while stealing the money.
judge not, lest ye be judged, don
how do we find out the outcome of his court case? he is disgusting !
Berger pled not guilty on April 27, 2007. He was released on $50,000 bail and is currently scheduled for trial on July 25, 2007.
Margaret Carole Fisher pled guilty on April 2, 2007 to one count of mail fraud. She was released on $50,000 bail and is scheduled to be sentenced on July 9, 2007
what happened to his wife, margie berger ?
she was a co-owner of the business.
it was determined that spousal privilege did not apply here due to fraud.
is his wife also being charged ? she was
a co-owner ? is trial still set for july
25 ? heard that he deceived and stole from family as well as strangers. any info please. what can be expected from these charges ? over $6,000,000 stolen and u.s. mail fraud.will he have to make restitution ?
thanx to anyone who has info.
today 7-25 was court date for jay berger in pa. does anyone know results ?
thanx
Berger was scheduled to plead guilty on 7/25. It appears he did so but the plea has not yet been entered on the court docket. We’ll carry the story once the information is available.
Margaret Carole Fisher is scheduled to be sentenced on 8/16/07.
thanx for update. can’t wait to hear sentencing. any news on his wife, marjorie berger, who co-owned the businesses involved ?
any word on sentencing date for jay berger, pennsylvania ?
any news on the sentencing date ???
I hear the sentence date was postponed till Jan 2008.
why so many postponements on sentencing ?
is there a reason, or just “the system”
thx
any news on sentencing date ? seems to be taking forever. who paid his $50,000 bail ?
sentencing is scheduled for march 19.
has anyone heard differently ?
seemed he not only cheated strangers, but his own family !! why does he keep lucking out to postponements? anyone know?
Any new info on this?
He was suppose to be sentenced on May 16, 2008 after two continuances were granted. Any news about this? Also, there is info on the internet that he has started a new company, Peoples Mortgage Co in the GSB Building in Bala Cynwyd. How can this be allowed?
he was sentenced today, june 2, in the u.s. district court for the eastern district of PA at 4:00 pm. i do not know what the sentence was.
78 months
Jay Berger was sentenced today. What prison (was it a white collar prison) did he go to.
Will he get time reduced for either good behavior or public service work?
Thank you.
the entire story should be in the newspapers today june 3, but only Pa. will this site be carrying the full story?
sentence doesn’t seem too harsh. federal prison ? lots of stollen money and many people hurt by his behavior over the last 10 years !!!
What newspaper in PA has the article about Jay Berger Fraud including 6/2/08 sentencing.
Thank you
As a mortgage broker it is about time some of the bad seeds are removed from the industry. As the economic situations become worse the desparate do desparate things. The quality people in the financial industry are lumped together with bad seeds.
when will this website run the full story ? where he’s going ? country club jail ?
how sentence was determined. exactly what charges were given jail time?
lots of questions. where can we read the complete story ?
thanx
Why is it taking so long to get the facts on Jay Berger’s charges, sentence and where is he going to serve out his sentence?
he was sentenced to 78 months but only saw mention of mail fraud not mortgage fraud. where is the 4.5 million dollars ? how can we get more details on this story? will this web page carry more info ? thank you.
any suggestions on where to find more info ?
Margaret Carole Fisher only got 6 months and 3 years probation. She was fined $100.
Below is a link with her details.
http://www.mortgagefraudblog.com/index.php/weblog/permalink/pennsylvania_mortgage_banker_sentenced/
Yes. One would wonder why she got such a “light” sentence in comparison to what Mr. Bergers sentence was. I happen to know this person and other than this lapse in judgement is a good human being. Even some of his victims stood by him, writing letters to the judge and testifing on his behalf. They understood the underlying circumstances.
there is no excuse for stealing and ruining other lives !!!!!
Completely agree Carol. There is never a good excuse for that and believe me, no one knows it better than Jay Berger does. He has been sentenced and is currently paying the price for what he has done. My question was not about any excuses, it was about why some people pay some really high prices while others do not???
anonymous one Fist of all why do you have to hide with your name ? I also know Jay Berger and well and this is his 3rd offense and he waqs a problem in his wife;s family business too !! High price my ass , 76 months is not that high and I hear from the inside it will be reduced up to 24 months for good behavior. He stole over 4.5 MILLION !!!!! And you are pleading for leniency! my only wish is that one of the victoms was a close close family member without recouse from the title company !!!
Third offense??? Where are you getting that? He is a first time offender. I’d like you to tell me about the other two offenses?? A problem in his wife’s family business?? I dont think you know him or what you are talking about at all. His wife’s business is a business that he started years ago. She took that business over from him. As far as his sentence being reduced…no chance of that. There is no Federal Parole. The only reduction of his sentence will be the usual one…15% for good behavior. He will serve 5.5 years. And, additionally, there were close, close family members that were victims. And, they spoke on his behalf at his sentencing which I was at. Were you there? Doubt it. You really dont know what you are talking about at all. You dont know the circumstances surrounding this crime. That is very obvious. State the facts please. Also, I am a person who teaches ethical practices in another industry. Naturally, when my friend Jay told me what he had done and the circumstances surrounding it, I had a very hard time with it. But ultimately, I know that he is a very good, kind, loving father and person who made a big mistake during a very difficult time in his life. I am not the judge or the jury and um, neither are you!
Oh yes, a few more things….I never, ever said anything about being leinency! What I said was, “Why is Carol’s sentence SOOO light?” I said nothing about Jay’s being too long…read the post’s again. Even though I am a friend of Jay’s, I understand that he did something very wrong no matter what the circumstances and now he must pay for what he has done. See my post #30…. Also, just wanted to further clarify the difference of first vs. third offense.
In the District Attorney’s sentencing memorandum it states very clearly that Jay is a first time offender AND that the DA’s office and the FBI feel that he is not a treat of being a reoffender once his time is served. Also, every victim was made whole and untimately it was the title insurance company that was the victim. Still not ok, just a fact. I just dont know where you could be getting all of this incorrect info. Rumor’s I would image.
you are wrong that “every victim was made whole”. It is NOT true !! fact, not rumor !! and where is the 4.6 million dollars ? off shore or lost to gamblers ?
Carol,
According to all the documentation that I have seen personally it does indicate that all parties were made whole with the exception of the tile insurance co. I can only comment on what I have personally seen and was included in his criminal case. Although I am a bit curious about your facts, there is no need to respond. The case is over, the sentence has been handed down and he is serving his time.
No off shore account and no gambling issue. Also, no yachts, luxury cars, homes, trips around the world or any other extravagent items. The FBI/DA were given everything in 2004 and they did a trail. In court it was referred to as a “ponzi” scheme.
I dont mind responding to your last post and even though I am a friend of his, one that has decided to stick by him during these difficult times ahead, I still understand the reality of what he has done but can still see the other good things about him. Even though he did a bad thing here it does not mean that he is ALL bad. The man has many, many good qualites. People make mistakes in life, sometimes they are horrific mistakes but that does not mean, at least by my standards, that we should just “throw people away”. Especially when the own up to, have regret, sorrow and remorse for what they have done and stand up and pay the price.
Anon One, love is truly blind….ENJOY !!!!
anon- you are a good friend, and we all make mistakes and do need our friends; however, there are no official court papers for cases that were not written up as a complaint !! stealing from your blood relatives is abhorrent !!!!
ask your friend…
Anon one,
This is 3rd time Jay has gotten in trouble with mort regulatory agencies. He bought his way out of criminal trouble the last 2 times, this last time was so large no one could help him. I know his college roommate whom I will not name personally bailed him out one of the times. His wife’s family had a bus and before Jay opened his mortgage bus he worked there and caused so much trouble his wife did not talk to her brother for something like 10 yrs and on his poor health and eventual death did they make some peace. Lastly, a great father … I hear the kids do not talk to him at all and want nothing to do with him.
1. You can NOT buy your way out of criminal trouble.
2. Jay never worked in wife’s family business. The trouble was between the father and the son. Even if Jay had worked there and, it was Jay who caused trouble, then why would his wife not speak to her brother?? That makes absolutely NO SENSE. Do you even think about what you write before you write it?
3. He speaks to his children several times a week by phone and they write to each other. Visitation currently, is next to impossible because he is quite a distance away from Phila PA and no longer in the state.
Your information sources are very poor. I do not beleive that you know Jay personally, just know of him and I also know how the rumors mills work. Remember the game “Whisper down the alley?” I have always made my decisions on what I can see or know first hand. Not on what other people tell me or what their opinions are.
There is not a person that has known Jay, his kids or his family that would not attest to his relationship with his children. His children still love and RESPECT their Father. That was clearly written in a letter. You definately do not have first hand information. I will not have any further communication with someone who insist they KNOW Jay and then prove by their comments that they do not.
This is my last communication because no matter what, you will beleive what you want to beleive, not what is the truth.
You have made some really ridiculous comments here…for example the comment about his sentence reduction. That comment, in and of itself is the most ridiculous thing I have heard. It is just not possible by today’s laws. You dont know who or what you are commenting about. You may know OF Jay but you definately do not KNOW him.
People are human beings and human beings make mistakes. If God can forgive people than who am I not to extend forgiveness.
As I said many posts ago, I am not the judge, and I am not the jury and neither are any of you. Justice, according to the law, is being served.
Why dont you move on to someone else’s nightmare or get a hobby or something??
Taking into account the amount of regret, remorse and shame that Jay has
been living with, his sentence started way before June 2, 2008. I am also
a friend of Jay’s, and I have stood by him, as a friend does. He made a huge
mistake, one that plagues him relentlessly. Will his sentence truly end after his release? I doubt it.
Carole Fisher got a lighter sentenced bc she was helping the FBI in their investigation for their case against Jay Berger. Although she got a “too light” of a sentence in my opinion, I’m glad she’s going to jail. I don’t usually talk trash on people, but I knew this lady. She used the money to buy herself and her daughters cars and remodeled her house multiple times and yet complained it was difficult for her to support her kids’ lifestyles. Difficult… how? She was stealing money from people for goodness sakes.
This has nothing to do with mortgages, but I have had dealings with Carole Fisher and she is an extremely unethical person and I’m SO glad she is getting some jail time for what she has done!! She stole yarn from our small alpaca farm a couple years ago when I put my yarn on consignment at her yarn store in New Jersey. She failed to return the yarn or any money that it may have made her.
Even though this is small potatoes to the other issues she has created, it is the principal and moral character that matters. She has shown no integrity or ethical principals when it comes to business and she deserves what she has gotten!
I grew up with Jay and went to high school with him. Where is his brother Seth?
I know Carole Fisher and she has done nothing but go out of her way to help people. She did not deserve the sentence she received because she did not steal from anyone nor is she unethical in anyway. She is actually the reason the federal government was able to catch Jay Berger and stop him from stealing from any more innocent people. She did not use any stolen money to remodel her home or buy things for her children. You should get your facts straight before you make uneducated remarks about a person. Think about what her family is going through during such a difficult time.
Believe me Jan, she DID steal from me. I know nothing about the other stuff she did because I live in Michigan and have not been following that too closely, but she absolutely DID steal from me! If you want proof, contact me offline and I will give you proof!!! You’re the one who doesn’t know the facts about her!
I was in prison with Carole Fisher and she is a wack job!!! She claimed she was there on a 1st offense misdemeanor…1st of all there aren’t any misdemeanors in the federal system!! Second, playing “Poor me, I’m crazy and I don’t belond here” doesn’t work. She even stole in prison and got the lights beaten out of her more than once!
does anyone know what prison Jay is serving and what the address is to reach him. Many thanks
Information on federal inmates is available at http://www.bop.gov.
Jay Berger is imprisoned at FORT DIX FCI
Margaret Fisher was released from federal prison on 3/30/09.
Jay doesn’t have brother. He has a sister.
Thanks for sharing this informative article.