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Six Guilty Pleas in Mississippi Mortgage Fraud

Thursday, January 26 2006 02:34

Six people plead guilty last week in connection with a Mississippi mortgage fraud scam:

John William Emory, III, mortgage broker, Ridgeland, Mississippi

Bobby F. Fisher, 44, attorney and former Municipal Court judge, Greenwood, Mississippi

Jimmie L. Pruett, 68, real estate agent, Greenwood, Mississippi,

Joni Lynn Goss, 41, Greenwood, Mississippi

Ernest Wayne White., Jr, 36, mortgage broker

Daniel Floyd

Emory plead guilty to one count of wire fraud and one count of money laundering. According to the information, Emory worked as a mortgage broker in Hinds County, Mississippi for various companies including Wholesale Mortgage, Inc. and Mississippi Mortgage, Inc. From June 200 through October 2002 the information alleges that Emory and other affiliated mortgage brokers would seek out prospective borrowers and try to qualify them for a home mortgage- typically one that the borrower could not afford. Emory and the other brokers would obtain the basic information from the borrower would either personally enter false information on the loan application forms or would direct others to do so. Emory and others would prepare or obtain false documents that would be submitted to the lender to support the false information on the loan application, including false VODs, VORs and VOEs. Also according to the information, knowing that the borrowers were unable to afford a down payment, Emory and others would falsely list on the application that the borrower would provide cash at close or had down payment funds and on occasion would provide a false and fraudulent VOE purporting to be from the borrower’s bank. Emory faces a maximum of five years in prison and a $250,000 fine on the wire fraud charge and 10 years in prison and a $250,000 fine on the money laundering charge.

Fisher plead guilty to one count of conspiracy to defraud and one count of engaging in monetary transactions in property derived from unlawful activity. Fisher was an attorney licensed to practice in Mississippi and engaged primarily in the business of closing real estate loans. According to information, beginning in September 1999, in Hinds County, Mississippi, Fisher and others worked closely with numerous mortgage brokers to obtain loans for borrowers through various lenders. They are alleged to have caused false and fictitious documents to be created to ensure that the mortgage loans would be granted and to have converted some of the proceeds for their own use and benefit. The false documents are alleged to have included false VODs, VORs and VOEs. Fisher and others were also alleged to have made false entries on loan applications consistent with the false documents. The information alleges that they obtained loans for approximately 48 borrowers totaling over $2.5M by creating false documents and making false entries on documents submitted to lender.

Fisher faces a maximum sentence of five years in prison and a $250,000 fine on the conspiracy charge and a maximum of 10 years in prison and a $500,000 fine on the money laundering charge.

Pruett plead guilty to one count of conspiracy to defraud and one count of engaging in monetary transactions in property derived from unlawful activity. According to the information, Pruett who was a real estate agent and the owner of numerous properties, engaged in the business of selling properties to borrowers. Pruett would find borrowers to purchase homes and solicit mortgage brokers to obtain new mortgages for the borrowers through various lenders. He would cause false and fictitious documents to be prepared to insure that lenders would make mortgage loans to prospective borrowers. The documents included false VODs, VORs and documents verifying borrower’s income. He would also make or cause to be made false entries on loan applications consistent with the false documents including entries showing the borrower paid cash at the loan closing when no funds were paid. From February 2000 through indictment, Pruett and others successfully obtained loans for approximately 17 borrowers totaling over $800,000 by creating false documentation and making false entries on documents and used some of the proceeds for his own benefit. Pruett owned Leflore Properties, Inc. Pruett faces a maximum sentence of five years in prison and a $250,000 fine on the conspiracy charge and a maximum of 10 years in prison and a $500,000 fine on the money laundering charge.

Goss plead guilty to engaging in monetary transactions in criminally derived property of a value greater than $10,000. The information alleges that she issued a check for over $30,000 in funds derived from a specified unlawful activity. According to media sources, she operated a mortgage company with her ex-husband. She faces a maximum sentence of is five years in prison and a $250,000 fine

White plead guilty to one count of engaging in a monetary transactions in criminally derived property of a value greater than $10,000. The information alleges that, in April 2001, he issued a check for over $30,000 in funds derived from a specified unlawful activity. He faces a maximum sentence of 10 years in prison and a $250,000 fine.

Floyd plead guilty to one count of misprision of a felony (failure to report mail fraud and wire fraud) as charged in the information. According to media reports, Floyd was an employee of Fisher. He faces a maximum sentence of three years in prison and a $250,000 fine.

According to media reports, last August in a deposition taken in a federal civil lawsuit, Pruett said under oath that Fisher had helped him form Greenwood Leflore Properties in 1989 and did some work for him in title and loan closing, and that Floyd was a coordinator for brokers that Fisher used to process loans. Pruett denied having conducted any business with White and did not mention any relationship with Emory.

Floyd is scheduled to be sentenced on March 22, 2006. Emory, Fisher, Pruett, White and Goss are scheduled for sentencing on April 3, 2006.

5 comments

  • Comment Link Linda Bourgeois Saturday, February 20 2010 15:18 posted by Linda Bourgeois

    If I had been convicted of any wrong doing, I would be in jail. Obviously, some of these gentlemen(?) have pulled numerous strings to stay out of jail and to reinvent themselves into the same business. How is this explained? Only in MS!

  • Comment Link just someone who knows john emory Monday, March 30 2009 19:56 posted by just someone who knows john emory

    I was just reading through this and saw where it says John Emory could receive 5 years for each count (the wire fraud & $ laundering). well just to update you its been 3 years and he hasn't set foot in jail...in fact he still works in the business. i could go on about him but there's just not enough room...

  • Comment Link Jim Webb Friday, March 10 2006 16:46 posted by Jim Webb

    I am attorney confronted with a situation that appears to be clear mortgage fraud, and I would like to know if it is a recurring scheme. The client needed funds to repair credit, and had equity in her home, and went to a mortgage broker who advised that he could not get her a refinance on her home, but he could get her money another way. He had her sign a deed to him, with a verbal understanding that he would "get some money out of the house" to pay down her bills, she would stay in her house and pay his mortgage for a year, and then have the right to buy her house back from him for some undetermined price. He did take a mortgage, but the closing papers show that they exagerated the price, and reflect him putting in $39k to close, and her getting $37k. They even forged up a letter of instruction to the title company / closing agent to pay her $37k to a joint account which they opened in her name and that of the broker's family member. The wire occured, but of course the client never saw a dime of proceeds from the mortgage, though her mortgage and several liens were satisfied. The client refused to pay his mortgage when she realized that she was getting no funds from the refi, and now the broker is suing her for eviction from "his" house. Can a mortgage broker engage in this practice?

  • Comment Link Betty Berry Monday, January 30 2006 16:28 posted by Betty Berry

    Is this a chance for a law suit?

  • Comment Link Betty Berry Monday, January 30 2006 16:27 posted by Betty Berry

    I have a problem with mortgage fraud. Conseco/Greentree tried tio switch 2 residential homes that belong to my sister and I. First one location at 2603 Barrow Street which was in my sister Sharon name was under Midland First later on in 2005 around October Greentree bought this home after it forclosed in April 2005.

    Now, we have our mother home house which is located at 3910 MLK HWY. which was financed only with Greentree/Conseco in 1998. I had to file bankruptcy in 2005 around Sept. we had problems since 2003 with one of Conseco bankruptcy clerks - Kathy Laughlin threatening/harassing us about the payments. Anyway we receive a call from a real estate office in town telling us to evict our home at 3910 MLK Highway when it should have been the house at 2603 Barrow Street. They had a sheriff to give another sister eviction papers during the summer for Barrow Street but I guest they forgot about these papers. So the lady from the real estate company and an attorney from Greentree/Conseco called us and our bankruptcy attorney telling us to evict our home at 3910.

    This was the improper name and improper address.

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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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