Three Sentenced in Florida Mortgage Fraud

Allison Tussey —  August 15, 2006 — 1 Comment

Todd Kolbe was sentenced to 30 months in prison, followed by three years supervised release and was ordered to pay resitution of $2,030,095.47 for his role as the ringleader in a mortgage fraud scheme involving 30 properties in Manatee and Sarasota Counties in Florida. Kirk McVey was sentenced to 30 months in federal prison followed by 3 years supervised release and was ordered to pay restitution of $747,147.53. Amy Kolbe was sentenced to four years probation with the first nine months to be served as home detention and was ordered to pay restitution of $488,636.10.

According to court documents, Kolbe was employed in the Bradenton, Florida office of Home Star Mortgage Services, LLC (now known as Opteum Financial Services LLC) from April 2001 to March 2002 and was the Vice-President and Regional Manager of Home Star’s Florida offices.

Between August 2001 and February 2002, Kolbe and others, acting through Lakewood Properties, LLC, formerly known as Lakewood Partnership, LLC (a company owned by Kolbe that bought and sold real estate) and NXCSS, LLC (a Sarasota, Florida mortgage lender that also bought and sold property and was owned by Kolbe and Kelly Abercrombie) purchased 25 residential properties in Manatee County, Florida (24 in the name of Lakewood and 1 in the name of NXCSS) for purchase prices at or near fair market value.

Simultaneously with the closing of the purchases, Kolbe and others flipped the properties to a conspirator acting as a straw buyer. The straw purchaser obtained a mortgage loan from Home Star. The loan packages included appraisals prepared by Preferred Appraisal Group (a sham company created and controlled by Kolbe) that significantly overvalued the properties. In addition, the loan packages contained false earnings statements, tax returns, bank statements, leases and investment account statements. A substantial number of the loans were sold to Fannie Mae and Home Star was required to repurchase those loans.

In addition, in December 2002, the conspirators sold three loans to Home Star that were originated by Sovereign Mortgage Company (a Sarasota, Florida mortgage lender owned by Kolbe and Kelly Abercrombie.) These loans were for flips to straw purchasers in Sarasota County, Florida. Values were again based on inflated appraisals prepared by Preferred Appraisal Group.

Kirk McVey admitted in his plea agreement that he acted as a straw purchaser/borrower in connection with 15 of the properties in Manatee County, Florida. Amy Kolbe (Samelson) admitted that she acted as straw purchaser/borrower in connection with all 3 of the Sarasota County, Florida flips and 6 of the Manatee County, Florida flips.

The properties were located at:

33 Bishops Court, Osprey, Florida

60 Bishops Court, Osprey Florida

76 Bishops Court, Osprey, Florida

7102 52 Drive East, Bradenton, Florida

4132 Dover Drive East, Bradenton, Florida

7111 Cedar Hollow, #101, Bradenton, Florida

7107 Cedar Hollow, #201, Bradenton, Florida

7109 Cedar Hollow, #202, Bradenton, Florida

6443 Goldenleaf Court, Bradenton, Florida

7108 52 Street East, Bradenton, Florida

4943 78 Street East, Bradenton, Florida

12307 Tall Pines Way South, Bradenton, Florida

12243 Hollybush Terrace, Bradenton, Florida

7115 Boca Grove Place, Bradenton, Florida

4934 East 72 Court, Bradenton, Florida

5210 72 Street East, Bradenton, Florida

4679 73 Street East, Bradenton, Florida

7211 Spikerush Court, Bradenton, Florida

11503 Pimpernel Drive South, Bradenton, Florida

6745 Oak Manor Drive, Bradenton, Florida

8418 Idlewood Court, Bradenton, Florida

12309 Wood Sage Terrace, Bradenton, Florida

12345 Wood Sage Terrace, Bradenton, Florida

7131 Boca Grove Place, Bradenton, Florida

6216 Macaw Glen, Bradenton, Florida

11511 Sweetflag Drive, Bradenton, Florida

7101 East 52 Drive, Bradenton, Florida

6250 Traylor Road, Sarasota, Florida

759 Shadow Bay Way, Osprey, Florida

1102 Parkside Place, Bradenton, Florida

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One response to Three Sentenced in Florida Mortgage Fraud

  1. Leonard ringlespaugh November 2, 2009 at 1:53 am

    I am currently a victim of mortgage fraud. My signature we forged to mortgage docs for a property in venice fl. How do I get this resolved. I have contacted the mortgage company who refuse to listen to me. am i ready for an attorney?

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