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Former Mortgage Broker Pleads Guilty To Fraud

Thursday, October 30 2008 05:23

James Mahoney, 57, Mason, Ohio, pleaded guilty in United States District Court to one count of mail fraud affecting a financial institution in connection with his purchase of more than $2.3 million in real estate.

According to a statement of facts filed with Mahoney’s plea, he kept $730,000 from the sale of his house in Middletown, Ohio in 2001 instead of paying off his mortgage and concealed the fact with a fraudulent “Satisfaction of Mortgage” document. In 2006, Mahoney secured a loan for $1,625,000 to buy a house in Butler County, Ohio. He again created a fraudulent document when he refinanced the loan and kept the money instead of paying off his earlier loan.

For at least the last 15 years Mahoney has worked in various aspects of the residential real estate lending business, having been employed by lending institutions and operating his own business.

“Mahoney admitted using his knowledge of the real estate business and his employment position to commit fraud,” said Gregory G. Lockhart, United States Attorney for the Southern District of Ohio.

Mail fraud affecting a financial institution is punishable in by up to 30 years imprisonment and a fine of twice the amount of gain or loss, which in this case could be more than $4.6 million.

Judge Weber set a sentencing hearing for January 28, 2009.

Gregory G. Lockhart, United States Attorney for the Southern District of Ohio, Keith L. Bennett, Special Agent in Charge, Federal Bureau of Investigation, Cincinnati Field Division, Gerald A. O’Farrell, Assistant Inspector in Charge, U.S. Postal Inspection Service, and John Rymer, Inspector General, Federal Deposit Insurance Corporation, announced the plea entered today before Senior U.S. District Judge Herman Weber. Lockhart commended the cooperative investigation by FBI agents, postal inspectors and investigators with the FDIC, and Assistant U.S. Attorney J. Richard Chema, who is prosecuting the case.

3 comments

  • Comment Link SteveP Monday, January 05 2009 08:41 posted by SteveP

    I don't know of any courthouses that authenticate the documents that are being filed.

    In this case the existing 700K mortgage somehow mysteriously satisified without being replaced by a mortgage of equal or greater amount for a borrower who was now seeking a huge cash-out refinance.

  • Comment Link Jeff Monday, January 05 2009 07:13 posted by Jeff

    If the satisfaction is filed at the courthouse why would the closing agent call the paid off lender?

  • Comment Link SteveP Thursday, October 30 2008 08:59 posted by SteveP

    What a stupid closing agent that would accept from an interested party (the borrower) proof of satisfaction document in lieu of verifying directly with the lender of record that the said loans were in fact satisfied. Hopefully this stupid closing agent had adequate E&O;insurance from which the lenders were able to recoup their losses.

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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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