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Former Title Company Exec Sentenced in Escrow Diversion

Thursday, January 26 2006 02:07
Kurzenberger receives six year sentence for theft of escrow funds

Thomas Kurzenberger Jr., 37, Ballwin, Missouri, was sentenced to six years in prison and ordered to pay restitution of $5.7 million after pleading guilty to mail fraud in connection with his diversion of funds from title company escrow accounts. Kurzenberger is the former vice president of Title Insurance Agency, a suburban St. Louis, Missouri title insurance agency. He was charged by indictment and pleaded guilty to mail fraud in November. According to court documents, losses claimed by escrow victims totaled $5,731,535.90.

Kurzenberger used customers' escrow deposits to support his drug habit and spent roughly $162,000 of customers' escrow funds at an adult night club in Sauget, Illinois, according to media reports and court records. U.S. Attorney Catherine L. Hanaway told the Associated Press "Stealing customers' escrow funds is bad enough, but the fact that honest people lost their escrow money to provide drugs and adult entertainment for this title company executive makes this crime despicable.”

According to court records, between January 2000 and June 28, 2005, Kurzenberger withdrew approximately $2,768,882.04 from the main escrow or construction escrow accounts maintained by Title Insurance Agency. He spent approximately $1,251,045.41 to pay for personal expenses and the used the remaining approximately $1,517,836.53 to cover general operating expenses of Title Insurance Agency. He continued to make escrow agreements and accept escrow deposits despite and without disclosing the fact that there was an escrow deficit in excess of $3 million. Columbian National Title Insurance Company (now First American Title) and Chicago Title Insurance Company were the underwriters for Title Insurance Agency. Title Insurers Agency collapsed on or about June 28, 2005. Chicago Title covered in excess of $400,000 of and First American covered in excess of $4.5 million of insufficient funds checks and debts on behalf of Title Insurers Agency.

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Rachel Dollar Rachel Dollar, the editor of Mortgage Fraud Blog is an attorney and Certified Mortgage Banker who handles litigation for lending institutions and secondary market investors.
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