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Oklahoma Jury Convicts Six in Cash Back at Closing Scheme

Wednesday, April 04 2007 18:43

Brandon Baum, Joseph Therrien, Teresa Therrien, Rusty Therrien, Charles Caldwell, Jr. and Gayle Caldwell were found guilty by a Oklahoma federal jury of all charges in the fourteen count indictment charging them with a cash back at closing scheme.

According to the indictment:

Baum would tell his clients (potential home buyers that he represented as a real estate agent) that they could receive substantial funds at closing under the guise of repair costs that they would be able to use for their personal benefit so long as they agreed to purchase the homes at an inflated price. Seller's agents that represented certain 'hard to sell' properties in the Oak Tree Subdivision, Edmond, Oklahoma, would negotiate with Baum.

Brokers at United Lending, including Charles E. Caldwell, Jr., would facilitate the submission of fraudulent loan applications for the potential homeowners that could not qualify for the loans. False information would be provided on the loan applications. In some cases, Baum, Charles Caldwell Jr., Joseph Therrien and Rusty Therrien would provide temporary loans to buyers for down payments with the understanding they would be reimbursed at closing from the purported remodeling or repair costs, marketing services fees and other undisclosed disbursements. The buyers in those cases would falsely represent the sources of the down payments.

Baum would present the sales contracts to the sellers agents at prices far above those listed on the MLS. The sellers agents would then present the contracts to the sellers by which the sellers would agree to 'pay for' the purported remodeling, repair and other charges. Once the purchase terms had been approved by buyer and seller, the seller�s agents would, in many case, increase the MLS list price to an amount equal to or above the agreed inflated purchase price to avoid detection by the lenders.

At closing, the title companies were directed by Baum, sellers' agents and the sellers to issue checks from the sales proceeds to various entities for purported remodeling, repair costs, marketing service fees or other fees.

T.C.M. was an associate of Baum and controlled bank accounts that Baum used to funnel money back to defendants, buyers and others after closing. The title company checks issued to the various entities for purported remodeling, repairs and other fees would be deposited and Baum would direct T.C.M. to issue checks or obtain cashier�s checks payable to buyers, those who advanced down payment funds and others. In one case, Secorum was used to funnel these charges back to the buyer.

Properties referenced in the indictment:

1000 Irvine Drive, Edmond, Oklahoma

1709 Irvine Drive, Edmond, Oklahoma

5813 Dundee Terrace, Edmond, Oklahoma

5916 Morning Dove Lane, Edmond, Oklahoma

6125 Stonegate, Edmond, Oklahoma

1208 Troone Drive, Edmond, Oklahoma

2 comments

  • Comment Link Art Tuesday, June 10 2008 06:58 posted by Art

    everywhere there is fraud, people have now now be evermore cautious.

  • Comment Link Gary Crabtree, SRA Tuesday, April 10 2007 11:02 posted by Gary Crabtree, SRA

    I have been discovering numerous cases of this same scheme taking place in our market. I have contacted the California Department of Real Estate, Office of Real Estate Appraisers, and the local District Attorney, but no one is interested unless there is a "victim".
    Who else would you suggest be contacted regarding these cases?

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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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