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Michigan Civil Lawsuit Alleges Fraud Involving Eleven Loans Funded by Fifth Third Bank

Friday, October 06 2006 04:37

Fifth Third Mortgage-MI, LLC, Fifth Third Mortgage Company and Fifth Third Bank filed a civil lawsuit in the Circuit Court for the County of Oakland, Michigan alleging a fraud scheme with respect to at least seven mortgages against the following defendants:

Robert M. Hance

Stephanie Hance

Executive Estate Builders, LLC

Anthony Reed

Rockridge Holdings, Inc.

Tyrone A. Hogan

Ranjit Verghese

Investment Property, LLC

Continental Title Insurance Agency, Inc.

Paul J. Nicoletti

Mary Ann Nicoletti

Nicoletti & Associates, P.C.

Matthew A. Flynn

Flynn Financial Services, Inc.

James C. Boudreau

Bojam Properties, Inc.

Robert S. Shumake

Inheritance Automotive Group LLC

Meek Quarton LLC

Meek Overlea LC

Julian Glass

Michael T. Kahn, II

Tessler Investments, L.L.C.

Thompson Financial Group, LLC

State Appraisals, Inc.

Pamela S. Siira

The Appraisal Place, Inc.

Nathan Hogan

Greyhound Appraisals and Investments, L.L.C.

Christine D. Mays

CJ Appraisals, Ltd. (located in Oxford, Michigan)

Roselene Langhorne

Scott P. Lucia

Michael Bossenbery

Mercedes Turon

Felipe Ruiz Turon

Floyd Anderson III

Stephanie P. Glover

Chenzira Maples

Terri Gillum

Robert L. Watson

Direct Financial Services Corporation

Alan Lucia

First American Title Insurance Company

Shamil E. Halabu

Shamil E. Halabu, P.C.

Clear Title Agency, Inc.

Vistal Land & Home Development, LLC

Cyrus Development Properties LLC, aka

Cyrus Development LLC

Inter-Lakes Development Corp.

Land America Transnation

The lawsuit describes a scheme in which one or more of the defendants (referred to as the facilitating parties) would identify a residential property or vacant lot in Birmingham or Bloomfield Hills, Michigan and would obtain an appraisal from one of the appraiser defendants that was far in excess of the actual fair market value of the property. The properties were purchased from the existing owner in a one or two step transaction in which the purchase or purchase and immediate resale resulted in a purchase price far in excess of the property's value. The facilitators would utilize straw borrowers who were paid for their participation and the facilitators would submit false information to Fifth Third concerning the straw borrowers. The lawsuit further alleges that many closings on the fraudulent loans were arranged with the knowledge and participation of the title agency so the down payment was actually generated from the mortgage funds contributed by Fifth Third. Some of the transactions involved false HUD-1s that did not reflect the actual sources and recipients of funds from the closing proceeds.

The propeties that are subject to the lawsuit are:

Lot 88 Brookside, Birmingham, Michigan

286 Lone Pine Court, Bloomfield Hills, Michigan (vacant lot)

3320 Franklin Road, Bloomfield Hills, Michigan

4000 Overlea Court, Bloomfield Hills, Michigan

3941 Quarton Road, Bloomfield Hills, Michigan

3935 Quarton Road, Bloomfield Hills, Michigan

264 Lone Pine Court, Bloomfield Hills, Michigan

The lawsuit alleges civil conspiracy, fraud, conversion, unjust enrichment, accounting, negligence, negligent misrepresentation, breach of contract, constructive trust and seeks to foreclose on the mortgages.

12 comments

  • Comment Link Reed Wednesday, August 04 2010 11:39 posted by Reed

    what is the update On Matt Flynn?

  • Comment Link Inheritance Tax planning Tuesday, October 13 2009 02:16 posted by Inheritance Tax planning

    hmmmmmm, nice blog , thanx for share gud info nd usefull info.

  • Comment Link william whitney Monday, October 12 2009 09:00 posted by william whitney

    Jeez - I feel blessed - I'm only at odds with Attorney Nicoletti for less than $1,000 in professional services billings!

  • Comment Link Maxwell Sunday, July 20 2008 08:48 posted by Maxwell

    It does not suprise me at all that Matt Flynn's name show up as he has been a "player" at this game awhile. His list of victims is also quite long. Hopefull all of these fraudsters get their justice.

  • Comment Link Marcey J. Tejeda Monday, May 26 2008 16:48 posted by Marcey J. Tejeda

    If a person has a 5th 3rd Bank loan for a home loan and there is a huge possibility of unlawful actions by the bank what should a person do? I lived in my home for 10 years. Made all my payments on time. The bank sold my home in hours of me receiving a letter from the vice president stating that he was goin to do an investigation. I would contact 5th 3rd Bank and get the run around. I am very upset about the whole matter. There is no communication and the bank would rather take over my home as it has a lot of equity to it. Yet, I do have proof and the letter of the senior vice president. I am at the end of my ropes trying to figure this entire mess out. I need an experienced an attorney that would be aggressive to go after the bank for all the emotional distress they have caused me and my family. This has been going on for almost one year!!!! No one from the bank has enough respect for me to write me a letter explaining how they are going to proceed. I am sick about this entire situation. The first attorney I went to stated that I would put enough money into his cost as getting back my house so, I could just repurchase my home back. Therefore, I paid him in full and am looking for an aggressive, experienced attorney.

  • Comment Link nonamedetective Monday, December 31 2007 15:42 posted by nonamedetective

    I have stumbled actross another fraud property not named above. Someone check out 32450 Rockridge Ln. Farmington Hills. Its on the MLS right now and was foreclosed on(1.9 Million). The names of borrowers are Marcus Lewis, Mercedes Turon, Turon Hogan.

  • Comment Link another victim Friday, September 21 2007 09:49 posted by another victim

    What better way to make yourself look innocent by countersuing in a ridiculous and frivilous lawsuit?

    Mr. Paul Nicoletti, do yourself a favor and offer up all of the crooks as you did in the Fifth Third Case but turn them into the feds. Make a 'plea deal' for leniency because you are looking at some hard time. Turn in Viviano, Matina, Judge Anderson, Judge MacDonald, Judge Servitto and all of the other scumbags that you have had dirty dealings with.

    With that much evidence of corruption in the courts, you could walk away a free man.

    But if you wait until the feds get them on their own, then guess what? No deal and no bargaining chip. Prison and a huge judgment against you is what you will get and deserve.

  • Comment Link SisterMaryLitigation Friday, August 31 2007 05:49 posted by SisterMaryLitigation

    Attorney Paul Nicoletti embezzled his client's insurance check by depositing it in the very same 5/3 Bank branch in his same office building. On October 15, 2003, Judge John J. McDonald stated to John Mitchell of Secrest, Wardle, et al. for Frankenmuth Mutual, "Give the check to Mr. Nicoletti." Mr. Nicoletti then took this check to 5/3 and deposited it in his account without his client's signature. However, on the record on 2/18/04, Mr. Nicoletti committed perjury in the McDonald court by stating he deposited this check in his IOLTA account.

    It looks like Mr. Nicoletti had a friend in high places at the bank which allowed him to override the system, as the check face actually stated; "ALL PAYEES MUST ENDORSE"

    Paul Nicoletti is a crook and a liar.

  • Comment Link Paul Nicoletti Sunday, July 08 2007 16:30 posted by Paul Nicoletti

    FIFTH THIRD BANK AND ITS OFFICERS ARE SUED FOR 75 MILLION DOLLARS IN WHAT APPEARS TO BE A HUGE COVER UP BY FIFTH THIRD TO PREVENT ITS SHARE HOLDERS FROM FINDING OUT ABOUT THE INCIDENT.

    THE LINK FOR THE PLEADING IS LOCATED HERE:

    www.nicoletti-associates.com/3RD%20PARTY%20CROSS%20COUNTER%20COMPLAINT.pdf

  • Comment Link Marie Dreilich Thursday, November 09 2006 04:07 posted by Marie Dreilich

    I believe that this 'anonymous' comment has to be from the true orchestrator of this massive fraudulent loan scheme, Mr. Paul J. Nicoletti, attorney in Bloomfield Hills. Mr. Nicoletti set-up 'Continental Title' www.ctiai.com with his wife Mary Ann Nicoletti. This was with the purpose to engage straw buyers, appraisors and Title companies in obtaining fraudulent loans for his illicit gain. It has been determined from an outside source that Nicoletti has made millions off of this scheme.

    To project all of the blame onto Fifth Third employees is ludicrous. It is alleged that Mr. Robert Hance, formerly with Fifth Third, has committed improprieties concerning these transactions. But what were the other employees participation in all of this? I believe that they were negligent when they processed the paper work (loans)that Nicoletti prepared and submitted, including fraudulent bank records, employment histories, appraisals and etc.

    It has been reported from his own attorney, that Nicoletti works in the same building and has a great relationship with Fifth Third and their employees. I think he took advantage of that relationship and it has cost innocent Fifth Third employees their jobs.

    Mr. Nicoletti has tried to get out of this lawsuit by pleading the 'wrongful conduct doctrine'. Meaning, he is not admitting or denying his role but simply stating he cannot be held responsible when Fifth Third employees (the Plaintiffs) engaged in fraud. Hopefully, this argument will fail.

    I believe that Mr. Nicoletti must have conned at least the one straw buyer that went to police after the $50,000 check that was provided to her by Continental Insurance bounced. If she knew she was guilty of fraud as well, why would she go to the police and incrimminate herself and her role in this?

    From first-hand knowledge of the diabolical and illegal manipulations of attorney Mr. Nicoletti, I feel that Fifth Third's employees were duped. They did not seek out these properties, they did not hire the straw buyers, they did not promise the straw buyers $50,000 for each fraudulent loan, they did not prepare the bogus appraisals, they did not have the Title Companies involved, and Fifth Third employees certainly did not purposely default on these loans. It appears from the pleadings that Nicoletti, Continental Title, the straw buyers and the appraisors profited from this scheme. I would like to know from Mr. Nicoletti how the Fifth Third employees (minus Mr. Hance) profited from these illegal transactions.

    I am a former client of Nicoletti and he transferred my property rights to a 4th time convicted felon and it has cost me over $500,000 trying to get my home back. This was in a lawsuit where I was supposed to collect over $1 million in damages. Instead, I am bankrupt and homeless due to the illegal actions of Mr. Nicoletti.

    There are several cases of legal malpractice filed against Nicoletti that can be viewed at the Oakland County Courthouse from his own clients claiming he stole their properties and/or settlements. His former partner, Mr. Fabrizio sued him for espionage and fraud. He has been sanctioned several times from the MI Appeal Court and there is a restraining order against him issued from Judge Mester.

    In the recent court proceedings, Nicoletti is trying to sacrifice Fifth Third's employees who were forced to resign or quit to save himself. There is a Federal investigation that hopefully will lead to the successful prosecution for the massive crimes committed by this 'officer of the court'.

    Nicoletti should take responsiblity for involving over 44 defendants (including his wife)in this scheme to defraud Fifth Third of $10.8 million. But that is not his M.O. The above comment is painfully similar to what Mr. Nicoletti has been telling the court.

    Mr. Nicoletti should be permanently disbarred, pay restitution to all of his victims and serve a very long prison term that he so deserves.

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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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