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Monday, November, 25, 2008

Tuesday, November 25 2008 08:54 Written by  Staff
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The cross examination of former mortgage broker James Sparks resumed Monday.

Attorney Rork (Vanatta) introduces an exhibit; an invoice from Vanatta to Sparks for 'Construction Management Fees'. The invoice covered painting, marketing, trim and punch list work. The invoice total, Sparks testified, would equal the 'yield spread' of the loan procurred by the buyer.

Attorney Bradshaw (Miller) cross examines Sparks. He questions how extensively Sparks knows Jeff Miller. Sparks testifies that he met Miller on two occasions and spoke on the telelphone with him 'a few times', but most of the time, he worked with Vanatta.

Sparks testified that he worked as a mortgage broker for 1 1/2 years before he did anything fraudulent with a loan.

For the Kerrie Jordan loan, Sparks testified that he copied her bank records, removed NSF entries and pasted extra digits to deposits. Sparks used white out to modify her 1003 loan application. When asked how he came up with the fictitious salary amount, Sparks replied that he took the loan to value (LTV) the lender was requiring and did the math backwards, arriving at first a $6800 and then a $7600 monthly income.

Leah Swicegood was called as a witness. Ms. Swicegood is an IRS agent and a full time court witness. Ms. Swicegood testified that as of November 18th, 2008, neither Vanatta nor Irvin had filed their income taxes for 2004 or 2005.

Jeffrey Tulley was called as a witness. Mr. Tulley is a bank examiner with the FDIC. He testified that the banks involved in this matter; 1st National Bank (Camdenton, MO), First Horizon, and Hillcrest Banks were all federally insured lending institutions.

Observing in the courtroom today are: Todd Earnshaw (indicted real estate agent in Miller I) and Nancy Seats, founder of Homeowners of Deficient Dwellings - HADD

The cross examination of James Sparks will conclude Tuesday, Novermber 25th.

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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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