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Local - Crime & Courts

Tuesday, Aug. 30, 2011

Stanislaus County prime spot for real estate fraud

Scams rob local victims of millions, leaders told

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Real estate fraud is thriving in Stanislaus County, cleverly morphing as scammers find more ways to take advantage of vulnerable homeowners, a prosecutor told government leaders Tuesday.

"Believe it or not, they will put on seminars publicly, not just to entice the public but to recruit other crooks," Deputy District Attorney Brad Nix said.

The Internet is a favorite tool of shameless con artists who stop at nothing to wring money from homes in a depressed market, Nix continued. "They're even on the radio, here in Stanislaus County," he said.

  • Common Scams In Area

    Brad Nix, a prosecutor with the Stanislaus County district attorney's real estate fraud unit, briefed county supervisors Tuesday on common scams in this area.

    Loan elimination fraud: Sometimes coached by a crook, a homeowner changes loan terms by filing phony documents with the county recorder. The owner stops paying the legitimate lender and begins payments to the crook, compounding debt when the ruse is discovered.

    Loan modification fraud: Convinced that someone can help lower mortgage premiums, a homeowner pays a fee — typically about $3,500 — to a scammer, who does nothing. Nix: "This is an automatic felony. People are getting ripped off. That's money that could be used for moving. They're throwing good money after bad. In this county, there are hundreds, if not thousands, of victims of this scheme."

    Short sale fraud: An unscrupulous real estate agent conceals legitimate offers, inducing the lender to sell at an artificially low price. The agent or an accomplice resells for true value, pocketing the profit — and commissions. Nix: "This fraud substantially drives down property values, destroying neighbors' equity and dramatically reducing property tax revenues."

    Trustee fraud: Buyers at public auction conspire among themselves to drive down bids

    Lender fraud: A property owner obtains a lot split, creating two parcels instead of one. With clean title on the second lot, it becomes collateral for a new loan with both lenders duped. Nix: "Now the property is encumbered twice. In a current case, millions of dollars were obtained in loans."

    • • •

    If you think you've been the victim of real estate fraud, you can file a written complaint with the district attorney's office. To access the form, go to www.stanislaus-da.org/real-estate-fraud.shtm.

Real estate crimes reported in the past year robbed victims of more than $44 million, according to an annual report on the district attorney's real estate fraud unit. Nix and two investigators also are working on older cases that cost homeowners more than $114 million, he said.

"It's absolutely unbelievable," said Supervisor Jim DeMartini.

The annual report is required of counties that charge special fees when property documents are filed with the county recorder's office to set up such teams. The fee should bring in $230,000 this year, requiring an extra $153,000 general fund contribution to pay unit salaries and other costs.

Clerks at the county recorder's office sometimes tip off investigators when they see irregularities in filings, Nix said.

His office filed five cases last year, joining 12 that are ongoing, and produced four convictions, the report says. One man received a five-year prison sentence; his accomplice got eight months in jail and both will be deported, Nix said.

The victim in another case regained property three years after crooks stole it — a rare outcome for crimes often rich in complexity.

Active cases involve 104 victims, while thousands more have fallen prey to common schemes, Nix said.

"Several extremely large cases of fraud have been uncovered and are still under joint local-federal investigation," the report says. The unit collaborates with the FBI and other federal and state forces.

The housing market in the Northern San Joaquin Valley has been suffering since the price bubble burst about six years ago. Median home prices collapsed, triggering some of the highest foreclosure rates in the nation.

Speculators conspire

The wave of foreclosures produced desperate homeowners who were looking for a way out and a huge inventory of available properties, making fertile ground for real estate fraud.

Earlier this month, a Tracy man pleaded guilty to conspiring with a group of real estate speculators who agreed not to bid against each other at public foreclosure auctions in San Joaquin County, the U.S. attorney's office in Sacramento reported.

The conspiracy's primary purpose was to restrain competition and to obtain selected real estate at the foreclosure auctions at noncompetitive prices, according to court documents.

Bee staff writer Garth Stapley can be reached at gstapley@modbee.com or (209) 578-2390.