As the Fraud Turns
For some background, read Fraud Grove & Fraud Grove (continued).
From KCRA (also video):
The California Association of Mortgage Brokers is condemning a local real estate scheme that has left several investors nearly broke and many Elk Grove homes in foreclosure.
Jim Martin and his business partners Mario Fellini and Gabe Varimones are being accused of duping individual investors into buying more than 20 homes.
...
Many industry insiders have been sounding off about Martin and his partners and are calling for a federal investigation. Mike McGee, past president of the California Association of Mortgage Brokers, said Martin and others deserve to be prosecuted.
Since KCRA 3's investigation, Martin and his partners have switched business names. They are now operating at Esnian Mortgage and Realty Network [cached; site now defunct]. Online, they have been working to attract investors in Miami, Colorado Springs, Colo., and other places. [Most of the Craigslist ads have been deleted by the author or flagged.]
The firm's MySpace.com page [cached; site now defunct] lists Martin as the boss.
KCRA 3 attempted to reach Martin for comment, but he did not return calls.
...
Investor Walter Bakos, who earlier did business with Martin, said he fears that Martin and his partners are seeking to profit off a fresh group of unknowing investors. He urges investors to be careful before getting involved with Martin.
55 comments:
Comments in a prior post:
Jim said...
We are not doing business under Esnian Mortgage & Realty Network, we have no DBA, So sorry TGIF. Where is the current president at of Cal Brokers. If you investigate this so called fraud you would see that the clients committed the fraud...but Thats what I have a lawyer for....Hes getting the case ready and your going to see some stupid looking people soon...The big dumb one would be Timothy Mcdaniel....If you seen the story he is the very large man on the end. We have proof of his fraud. So saty tuned all
Thursday, May 10, 2007 4:37:00 PM
Jim said...
Hey Josh Bernstein my former high school teacher wants an interview too...why are all these people Formers on the news...
Thursday, May 10, 2007 10:13:00 PM
I'm sure Jim's lawyer would love him posting here. Nothing like going on the record during an active case. Jim, just go to Home Depot and buy a shovel, it's easier to dig holes for yourself that way.
The CA Assoc of Mort Brokers is looking for a scapegoat - and it appears Jim & his boys are going to be it.
Nevermind that this situation most likely has repeated itself over and over again across the area.
It's all JIM. GET A ROPE!
But wait, there's more!
http://tinyurl.com/yvku37
Is this guy stupid or what. Jim, you are going to prison. You can say what you want. "I just did what the borrowers told me." "The lender told me to lie on the loan apps." Blah. Blah. Blah. You committed fraud, not you're going to pay the consequences.
Your comments remind me of when I was a kid. "He told me to do it." And then the typical reply from an educated adult. "If I told you to jump off the empire state building would you do it?"
posted by Batman on the previous Post
BATMAN said...
I have been a Private Investigator for over 20 years now and the 1 thing I can ad is that there are 3 sides to every story.In this case you have the borrowers,the loan officer`s and the truth I have done some research on this story and came up with a lot of interesting facts that this so called investigative reporter continues to ignore.I have sent numerous e-mails to him about some of these interesting findings, but I believe it is to late for him to back-peddle and look into some of my findings.So I think he will continue his witch-hunt because he would have to admit he made some mistakes and that maybe there are some lies on the borrowers side.So I will share some of my findings with all of you.
1.Mrs.Romano states on the news segment that a friend told her of this investment opportunity,the friend happens to be sitting in the front row of same segment and when I obtained a copy of the summons it states that this same friend told her that there are 70 potential renters,but yet on the news segment she states that VFM group told her that there are 70 potential renters.Now if she said that a fellow investor told her this it would not seem as corrupt or scandalous and would make for boring news now.
2.On the application that they show for Mr.McDaniel that states he works for VFM the purchase price on the application is for $373,600,but when I did some further research Mr.McDaniel never purchased a home for that amount.He bought a home for $450,000 and his girlfriend bought a home for over $600.000 and the home he paid $450,000 for was done as an investment home and the application says he was a owner of a landscaping company and that is his current job status.on the other home that his girlfriend bought for over $600,000 and he is claiming that was an investment property but yet when I spoke to the realtor she said it was very clear it was a home for them to live in as they had to move out of the home they were living in A.S.A.P was her words.The other interesting thing here is that Mr.McDaniel is not suing her but is seeking compensation from everyone else in this whole mess.Will be very interesting if she shows up in court and Mr.McDaniel claims it is an investment property he probably will wished he would have sued her.going back to the application they show on the segment does this app even truth to it since there is no loan attached to it.Hummm!!!.
3.there are several witnesses her over heard Mrs.Romano tell the loan officer to do what ever it takes to make this happen but yet she states that she did not know how the application was filled out.I have bought 3 houses in my 56 years I have been on this earth and not once did the notary throw the paperwork at me and say just sign it,as a matter of fact when they go to the part about my job history they said look it over make sure everything is accurate and true.She is claiming they just threw the paperwork at her and said sign it.Hummm!!!.
4.They claim the house price are inflated,but yet when I spoke to some of the appraisers who appraised the homes they said it is pretty hard to inflate the prices on these homes since the banks go over the appraisals with a fine toothe comb and will not lend the money unless the appraised value is true.So it is a good thing that the FBI agent who appeared on the segment is a retired agent,because he states this is fraud when the truth is that it is ok to give a loan for a higher amount then the house was listed for as long as it appraises for that amount.Hummm!!!.
I urge all of you to call this young reporter and urge him to look into these and other contradictions I have compiled he continues to ignore what I send him as I said before it is to late for him to go back and look into both sides of the story as he would have to swallow his pride and admit he might have been wrong.I have a list of contradictions as long as my arm,and might I ad I have long arms as I stand 6`5.Remember innocent until proven guilty but that is never the way the press views it.If you would like to here some of my other findings let me know please.
BATMAN.
Friday, May 11, 2007 1:00:00 AM
Patient Renter said...
"4.They claim the house price are inflated,but yet when I spoke to some of the appraisers who appraised the homes they said it is pretty hard to inflate the prices on these homes since the banks go over the appraisals with a fine toothe comb and will not lend the money unless the appraised value is true"
Batman, I have to take issue with this. As I said above, if the lender's review of an appraisal were good enough to stop fraud, then there would probably be no such thing as appraisal fraud. This obviously isn't the case. Bad appraisals can and do make it past lenders.
Friday, May 11, 2007 11:40:00 AM
Well apparently the investors would listen to me if I told them to jump off a cliff. Remember I conned them apparently to buy all these houses. Yeah your right TGIF educated adults the investors are, I think I will save them a cell if I goto Jail. But again these people have lied their teeth out.
There are a lot of questionable aspects to this story, which I pointed out in response to Jim in the other thread. But one thing that isn't questionable is, as tgif said, that Jim admitted he wrote false employment information on the loan doc because the lender told him to.
Again, not only is it unlikely that the lender would condone falsifying information, exposing his company to risk, but even if he did, Jim broke the law in putting this information on the loan doc.
""The lender told me to lie on the loan apps." Blah. Blah. Blah"
Yep.
"The account reps told me too put that info on the loan docs Because it was stated stated loan program, the reps said it did not matter what was on them"
I get it, but you don't seem to be getting it. Putting ANY false information on a loan doc violates the law. I know it was common, I know everyone did it, and I also know it was all illegal.
"now if you know the business you know this program"
I know enough of the business and stated loans to know that they're misused (used illegally) more often than they're used correctly. There's been much recent research to this extent.
And If the appraiser inflated the properties how come they are not being sued, Or how come the notaries aren't being sued for throwing the docs in the investors faces? Saying sign sign sign....
Jim,
Since you just don't seem to get it I pulled these to clips off the FBI's webpage. The first is the bureau's warning, the second is one of the largest mortgage fraud cases in u-s history.
Enjoy!
MORTGAGE FRAUD IS
INVESTIGATED BY THE FBI
Mortgage Fraud is investigated by the Federal Bureau of Investigation and is
punishable by up to 30 years in federal prison or $1,000,000 fine, or both. It is
illegal for a person to make any false statement regarding income, assets, debt,
or matters of identification, or to willfully overvalue any land or property, in a
loan and credit application for the purpose of influencing in any way the
action of a financial institution.
Some of the applicable Federal criminal statutes which may be charged in connection with
Mortgage Fraud include:
18 U.S.C. § 1001 - Statements or entries generally
18 U.S.C. § 1010 - HUD and Federal Housing Administration Transactions
18 U.S.C. § 1014 - Loan and credit applications generally
18 U.S.C. § 1028 - Fraud and related activity in connection with identification documents
18 U.S.C. § 1341 - Frauds and swindles by Mail
18 U.S.C. § 1342 - Fictitious name or address
18 U.S.C. § 1343 - Fraud by wire
18 U.S.C. § 1344 - Bank Fraud
42 U.S.C. § 408(a) - False Social Security Number
Unauthorized use of the FBI seal, name, and initials is subject to prosecution under Sections 701, 709, and 712 of Title 18 of the United
States Code. This advisement may not be changed or altered without the specific written consent of the Federal Bureau of Investigation, and
is not an endorsement of any product or service.
MIDTOWNE RESTORATION LLC (KANSAS CITY):
Brent Michael Barber led the Mortgage Fraud ring holding himself and company Midtowne Restoration LLC as a real estate investment company. "Straw Buyers" were solicited in schemes where they were paid $2,000 for use of their identity and credit profiles to obtain mortgage financing for properties predominately in low income areas of Kansas City, Missouri. In other schemes, investors were recruited for properties which were represented to be refurbished and appraised at amounts far in excess of their true value. The investors were assured by Barber that renters would be found to service the mortgage and maintenance costs of the properties so there would be no risk.
On February 23, 2006, Barber pled guilty to 104 counts contained in two federal indictments, and was convicted by a jury for a fraud covered by a third federal indictment.
Also convicted in the schemes were eight individuals which involved about 300 fraudulent mortgage loans worth approximately $19.6 million and caused losses to federally-insured financial institutions of approximately $11.8 million. On October 27, 2006, Barber was sentenced to 12 years and 7 months federal incarceration, and ordered to pay restitution in the amount of $11,206,419.
Then these investors have a lot to worry about, they told tons of false info, Your right TGIF prison for everyone.
Bad appraisals 20 times I find this hard to beleive,since there are at least 7 different appraisers involved on this whole nightmare.That would implicate them as well and if you look all of them up they are all clean as far as any warnings or citations of wrong doing go.I am trying to get the story in the Sac Bee to show all of the stones that this young over-zealous reporter is failing to look under.I beleive in the truth and so far I am finding a lot of non-truth on the borrowers side too.Stay tuned as I will post more findings and I will even hand over my findings to the young man Jim`s attorney.As I said before there are always 3 sides to every story.
After watching the news segment from last night and I here this young over zealous reporter claim that millions of dollars were made I did some math.If these homes each made maybe $10,000 per transaction judging by the selling price of the homes,by my math calculations $10,000 x 20 =$200,000 yes that`s a lot but it does not equal millions of dollars.Just another example of a witch-hunt without true facts.As I said I urge all of you to contact channel 3 and ask for fair justice as we are entitled to in this fine country of ours.More facts to come
Hey cmyst What does this link have to do with anything.
http://tinyurl.com/yvku37
The FBI has recently ramped up efforts to investigate mortgage fraud, and it does so in two distinct categories: "Fraud for Profit," (hereinafter, FFP) and "Fraud for Housing," (hereinafter FFH). Federal Bureau of Investigation, Financial Crimes Report to the Public, D1 available here. According to the FBI, Fraud for Profit is sometimes referred to as "Industry Insider Fraud," and the motive here is to "revolve equity, falsely inflate the value of the property, or issue loans based on fictitious properties." Id. Apparently, nearly 80% of all reported fraud losses fall into the FFP category. FFH is different. It involves "illegal actions perpetrated solely by the borrower," and the motive in these types of cases "is to acquire and maintain ownership of a house under false pretenses," typically by a borrower "who makes misrepresentations regarding his income or employment history to qualify for a loan." Id. at D2.
This is for you tgif332006
"Hey cmyst What does this link have to do with anything."
Well, Jim, the title of the post and the topic is fraud. Just extrapolating out a bit from the fraud in which you are involved to other examples of fraud in the region.
BTW, just because everyone is doing something doesn't make it ethical, legal or moral. It just makes a whole lot of people WRONG.
This is Jim Martin I have been reading this blog and the user ID jim is not the Jim Martin involved in this alleged fraud this is an employee from my office. Please take note I will not discuss this case openly. I have read all your comments on this case and You need to know these views are not my own.
I have turned down interviews from KCRA 3. The reporter can take it up with my lawyer. I have discussed having a written statement to be released to the media from my lawyer in a few days.
Thank you
James Martin
"I have discussed having a written statement to be released to the media from my lawyer in a few days."
Written statements prepared with a lawyer are like NAR commercials in their level of informity.
The only guy in this blog that is making sense is Batman! We are all trying to let these broker hang, but lets look at the picture shall we. What if, What if these deals actually went through correctly? These investors would be smiling. They would have made money from fraud. I find it hard to believe that these investors had no clue what was going on. I did not know someone could be that stupid to not know, but maybe thats just me.
2nd. KCRA 3 said..."The California Association of Mortgage Brokers is condemning a local real estate scheme that has left several investors nearly broke"
These properties were 100% financing, So I ask KCRA3 how did they go broke? They put no money down.
3rd I have to agree with Batman... 20 homes, several different appraisers, but all inflated, and no complaints to the DRE about these appraisers. batman has a point.
4th...I seen the companies craiglist listings. It seems the Brokers are looking for normal loans not investors as stated on the news story.
5th...I think that Batman is right.. There are 3 sides to every story. and I truly believe these investors are going to get the worst leagal battle. Dont get me wrong, there is fault on both sides. But again ask this, what if the program worked for these guys. I bet they wouldn't be complaining then. So to be honest I dont feel sorry for them. They deserve the same outcome.
6.. Inflated Incomes... I am assuming they were stated loans...They signed the documents.hello. It's going to be a case of he said she said. So you know that wont go anywhere.
I am glad someone agrees with my findings everyone on this blog has seen only one side of the story and it is my duty to bring you the other side.I am in Washington D.C for the next 3 or 4 days I will be meeting with some of my old friends who are current FBI agents to talk about old times,I have talke dot them in length about all the circumstances of this whole joke of a story and they all agree that the story the media is showing is a clear cut witch-hunt.They said to wish the borrowers good luck on this one as it will be an uphill battle if this hits the courts.I have many more findings to share and I will do so when I get back to California,but i will give you a little teaser.
Fact,It was one of the borrowers that started this whole thing with channel 3 a close source of mine conformed this.The interesting thing here is that this borrower clims to have bought 2 investment homes,he says this loud and clear on the news segment.I checked into this and he only has 1 invesment home,there is a second home that he lives in but that was purchases by his girlfriend and they have been living there since the transaction closed.And when I checked into the investment home there was renters living in there.So I asked myself what is this guys angle why is he in this lawsuit.I did some further investigation and I found that he sued a former employer for being hurt on the job he claimed he could not work.I interviewed some former co-workers of his and they said that he would limp around claiming he could not work,he did end up winning a good amount of money from the company.This next bit really blows my mind,he then goes and starts a landscaping company (what happen to his injury)oh the healing power of money.So why is he even involved in this lawsuit his tranactions happened almost a year before these other people and his loans are all on the line,maybe he tricked one jury into believing him and now he thinks he could do it again.I will make sure this will not happen again.I have all the findings in the world to show there are no truths to his claims.A close friend of mine at the Sac Bee told me this same person tried to get him to do the story,but he refused it knowing that it would be a cluster.As I said I urge all of you to contact this young over-eager repoter and ask him why he is not looking into these facts that I am sending him.The channel is KCRA 3 and the reporters name is Joshua Bernstein and ask him to get the facts straight.Justice should be fair and not one-sided.
More to come.
BATMAN.
Come on BatGirl. If you're as knowledgable as you claim you should know that it is illegal to lie on a loan application.
I highly doubt the lender told Mr. Martin to lie on the loan apps!
Besides, even if the borrower knew about it, it is the licensed proffessionals that are bound by law.
If the borrowers did know they should pay as well, but a lot of people I know in the industry say Mr. Martin, Variomontes and Fellini are nothing more than chop-shop-brokers.
You keep jumping all over Mr. Bernstein, claiming he's over eager, and ignoring the facts. Mr. Martin admits he has denied KCRA's requests for an interview.
And, we're is that statement from Mr. Martin's attorney. I hear his last attorney, the one KCRA 3 interviewed has dropped Mr. Martin and the rest of the crooks.
What's up with that?
This is Josh Bernstein. I am trying to reach "Batman." I have received the email you sent to KCRA Viewer Feedback.
We have tried several times to reply to the message. However, the email address you listed is not working. All our messages are getting returned.
We are very eager to speak with you. You can contact the station directly by calling the phone number listed in the local phone book.
All you need to do is ask for me or ask to be connected to the news room.
I look forward to hearing from you as soon as possible.
tgif332006 said...
Come on BatGirl. If you're as knowledgable as you claim you should know that it is illegal to lie on a loan application.
I highly doubt the lender told Mr. Martin to lie on the loan apps!
Besides, even if the borrower knew about it, it is the licensed proffessionals that are bound by law.
If the borrowers did know they should pay as well, but a lot of people I know in the industry say Mr. Martin, Variomontes and Fellini are nothing more than chop-shop-brokers.
You keep jumping all over Mr. Bernstein, claiming he's over eager, and ignoring the facts. Mr. Martin admits he has denied KCRA's requests for an interview.
And, we're is that statement from Mr. Martin's attorney. I hear his last attorney, the one KCRA 3 interviewed has dropped Mr. Martin and the rest of the crooks.
What's up with that?
Fact 1: It seems that TGIF is taking this very personally, I have a feeling he is one of the investors duped. By all means tell us your side of the story TGIF. Because let me tell you the investors are going to jail aswell. Everyone lied. It's not something they can deny they signed loan papers. Licensed proffesionals or not the barrower LIED see that tgif LIED..
Fact 2: TGIF quit coming in this blog to put people down this is a blog, we want opinions not name calling.
Fact 3: Again we call them crooks. They could be crooks. To be honest everyone involved had something to do with it not just the brokers
Josh Bernstien I have an Idea for you, if you need Batman put the signal in the sky he will come to you....Just a little fun for us in the blog.
and excuse my spelling I am in a hurry,
I will be back on Thursday and I will forward you my contact info Joshua,I have tried to get a hold of you at the news station.Sorry about the e-mail address I am waiting to talk to you before we exchange all this info.
Batman,
I look forward to hearing from you!
Mr Bernstein,
Fact 1 : Gabe Varimones not licensed
Fact 2 : Jim Martin not licensed
Fact 3 Mario fellini is Licensed.
DRE license info below
BROKER
Name:
Fellini, Mario III
Mailing Address:
655 UNIVERSITY AVE
230
SACRAMENTO, CA 95825
License ID:
01766228
Expiration Date:
08/13/10
License Status:
LICENSED
Original License Date:
08/14/06 (Unofficial -- taken from secondary records)
Former Name(s):
NO FORMER NAMES
Main Office:
655 UNIVERSITY AVE
230
SACRAMENTO, CA 95825
DBA
NO CURRENT DBAS
Branches:
NO CURRENT BRANCHES
Affiliated Licensed Corporation(s):
NO CURRENT AFFILIATED CORPORATIONS
Comment:
NO DISCIPLINARY ACTION
NO OTHER PUBLIC COMMENTS
So I ask, who works for who?
I think there is more to this story and I hope to hear it.
Hey Batman,
Just a reminder. Tomorrow is Friday. I'm really looking forward to hearing from you!
Again, all you need to do is contact me at the station. The number is listed in the phone book.
Respectfully,
Josh Bernstein
Actually Josh tomorrow is Thursday,I think we all want to here more from Batman he has a lot of valid points.What are you guys doing with the info he is giving you guys.Have you guys looked into his claims.It seems as you are only coming at this whole thing from one angle.
Karrigirl,
We are looking into "EVERYTHING." Our investigation is far from over.
However, we can not just jump on television with verbal allegations. We need to see documentation.
The individual investors, who by the way we never described as victims, had plenty of documentation to support their allegations.
We are very eager to speak with "Batman" and see what documents he has to support he's claims.
We repeatedly tried to speak with Mr. Martin, Mr. Viramontes, and Mr. Fellini.
Mr. Martin repeatedly told us he would provide us with documentation that would prove his innocence, but so far we've seen nothing.
And, despite his repeated claims that he would sit down on camera and grant us an interview...well that has never happened.
Mr, Bernstien,
You said.....
We repeatedly tried to speak with Mr. Martin, Mr. Viramontes, and Mr. Fellini.
Mr. Martin repeatedly told us he would provide us with documentation that would prove his innocence, but so far we've seen nothing.
And, despite his repeated claims that he would sit down on camera and grant us an interview...well that has never happened.
I would't want to give you anything either. Look at what you have done to these guys. You have made them look like huge crooks, and you know you could be right. But I wouldn't want to go on camera, what if the 3 of them would go on camera and they did provide you proof, would you back track and tell your viewer on air that you were wrong? I highly doubt that. So that is understandable from them.
Just watching your newscast and seeing these investors say they were duped is so funny. These guys are guilty and their on TV saying it. I have to give you credit for getting them on TV to admit their guilt.
whatsthis,
Why would i need to back track? We have not aired anything that is not documented.
We were more than happy to sit down with the attorney representing all the defendants.
All he would say is he denies all the allegations, that this is sour grapes.
By the way, that attorney no longer represents them.
We have tried repeatedly to be fair. We have tried repeatedly to get the defendants side of the story.
But, that's not possible when they refuse to speak with us.
Why is everyone so reluctant to identify themselves on this blog?
Where do you come up with all these names "Batman" "Whatsthis" etc. etc.???
Stay Tuned! Watch for the promos! There are more stories on the way!
Oh! Batman! I look forward to hearing from you soon!
Mr Bernstein,
If you wish my name is Charles, But I do not give out my info online. Thats just commonsense.
ans the name Whatsthis is my blog name. as for as Batman I couldn't tell you.
Ok
Fact 1 you said Why would i need to back track? We have not aired anything that is not documented.
The only thing you have documented is the VFM applications. Now these people saying they were duped is a verbal allegation. Now signed Loan documents is a document we can all agree on that, But they signed them nonetheless. And I do not remeber any other documents on your news cast that you showed.
Fact 2 you said
We have tried repeatedly to be fair. We have tried repeatedly to get the defendants side of the story.
But, that's not possible when they refuse to speak with us.
As I said I would not want to get in front of a camera either, you made these guys look like killers on the news. But I would think getting them all together with the investors would be cool.
Fact 3
I am in the loan business too, I dont practice these types of steps these guys are taking, but however I do know this, over 60% of broker shops I know practice this same strategy. I think you should get them too, Now that would be a good story on how many shops do this.
To be honest Mr Bernstein, I think your just doing your job, But these investor are no way the victims and should be prosecuted to the full extent of the law.
Fact 4: These people worked for MArio Fellini I take it and used his license, so who is in trouble, I mean if I am the broker I would be moving out of the country. I also looked on KCRA3.com on your first story, Freedom Capital, Yajen Haung,Joeseph gallo, are these guys clean or what? I have taken the liberty to get a court summons, We have names I havent heard of yet, Corrina Warehime, Golden Horizons Realty, Lyon Realty, John Ellingson, Now looking at John Ellingson or Corrina Warehime they are licensed. Mr, Ellingson is under Joseph Gallo's Brokers license and Warehime is under Golden Horizons and Ms Haung is under Lyon Real estate. Now in the summons these guys are getting the same allegations. So whats their story?
Also when I got the summons it looks like Mortgage Corp is Suing Jim Martin and Freedom Capital. I wont put the address down, I am not sure who owns the property so I am sure privacy is ok with all of you.
I do thank you Mr Bernstein for helping us on this blog.
Also Mr Admin guy could you make a new Blog title. Scrolling down to the bottom is getting a bit old on my eyes.
Thanks,
Charles
Joshua,Batman here by the way my name is Bryan I will be detained in DC for the rest of the week.I should be back on Monday,here is a little somthing you can look into and maybe correct on your next segment.Mr.s Romano states on your fisrt news segment that VFM group told her that they had 70 renters ready to move into these houses.If you have a copy of the court summons she states that Mr.Oliveres told her that there are 70 renters ready to go.To me that is a huge contradiction because that is what enticed them to buy investment homes.Mr.Oliveres is also an investor is he not.I am sure you have Mr.Romano`s summons read it and let me know if that is a fact.
Thank`s Batman,aka-Bryan.
Batman said...
If you have a copy of the court summons she states that Mr.Oliveres told her that there are 70 renters ready to go.To me that is a huge contradiction because that is what enticed them to buy investment homes.Mr.Oliveres is also an investor is he not.
He's right it absolutley says that. Batman are you a lawyer? It seems you are breaking this down to the t's and I's. Well I am really looking forward to Mr Bernstein's new stories. To see his proof, Remember Mr Bernstein We already know about VFM and how Mcdaniel and Romano were Employees and I can see these Loan Officers and Brokers saying it was he said she said. How can we prove there guilt. If it were me I would say I didn't put it down on there application, but I do know the investors signed it. Have these guys even been arrested? Well I can see why not. But to the new stories you might have on the news in the future you need hard evidence that these guys duped them, Things like written contracts, Even a video, but all you have are alligations. Just because someone says they were duped doesn't make good news and you having interviews with people saying they should be prosecuted is not practical with He said she said type of cases. You have to many he said she said answers. Not going to work sir.
And where is this TGIF guy at this guy never made sense. I think Batman scared him away
May 17, 2007
To the allegations of the KCRA 3 Real Estate fraud investigation,
These allegations are false and incorrect. I at no time have fraudulently engaged in any real estate scam. I have commented to the KCRA3 several times that these allegations are false an inaccurate. I will let the courts solve this dispute and determine its legitimacy. I am confident that my lawyer Dennis Hay of Willbanks, Hay & Wood, LLP, will resolve this matter and the facts will come out.
Respectfully,
James Martin
A typical response James, But what can we expect, I guess. Just so you know I agree that you are not just to blame, However WHAT WERE YOU THINKING? This Bernstein is out to eat you. But I think he is lost on who is really in trouble. James your not even licensed and this guy is killing you. Who was your boss or broker? Whats he say?
I am intrigued by this whole story as I am an attorney who has been involved in a case pretty close to this one.The one thing that gets me the most is that the channel 3 reporter is relentless in this whole thing.I can`t beleive the air time involved in this whole story,it is getting more coverage than shootings and child molesters are getting on the news.Is this what we have come to in this world or is that the reporter is trying to make a name for himself.If this case is already a cival lawsuit the likelihood of anyone else jumping in and trying to make a criminal case out of it is very slim as they will sit back and let the work be done for them and then maybe get involved.So if the reporters main goal is to try and blow this thing up bigger than it really is he is waisting a lot of air time.As one of the gentlemen suggested on this blog there is a lot of he said she said on this case.By the way the outcome of the case I was involved in was that the brokers license was suspended and the borrowers got 3 years probation it all boils down to what is on the paper as far as signatures go.It is not what you say it is what you can prove and the proof is in the signatures who signed the paperwork.I find it hard to beleive that these borrowers bought 3 or 4 or 5 homes and did not know what was on the documents the signed.Let the courts take care of this and move onto another story.To all of you out there my name is Mark.Which one of you guys pissed in this reporters fruit-loops.(lol)
Bravo Bravo Mark, Thats what I have been trying to tell peaople, this really isn't a big case.This is all he said she said, this reporter should be out getting a story on these whales out in the delta like everyone else is.
Josh said,The individual investors, who by the way we never described as victims, had plenty of documentation to support their allegations.
Mark said,All the documentation shows that the borrowers willingly signed them,this only shows guilt on their part.
What documentation do you have that shows the loan officer duped the borrowers.To the loan officer you guys never see the loan docs after they leave the bank and go to the title company correct.
SORRY THIS IS A LONG ONE, BUT ITS MY ONLY WAY TO COMMUNICATE WITH MR. MARTIN.
Mr. Martin,
You should keep better track of all your screen names on this blog!!!
On May 11th you posted this comment that I have re-posted below using the screen name "James Martin"
=================================
James Martin said...
This is Jim Martin I have been reading this blog and the user ID jim is not the Jim Martin involved in this alleged fraud this is an employee from my office. Please take note I will not discuss this case openly. I have read all your comments on this case and You need to know these views are not my own.
I have turned down interviews from KCRA 3. The reporter can take it up with my lawyer. I have discussed having a written statement to be released to the media from my lawyer in a few days.
Thank you
James Martin
==================================
Now you're using yet another screen name "james" and posting this comment below.
=================================
James said...
May 17, 2007
To the allegations of the KCRA 3 Real Estate fraud investigation,
These allegations are false and incorrect. I at no time have fraudulently engaged in any real estate scam. I have commented to the KCRA3 several times that these allegations are false an inaccurate. I will let the courts solve this dispute and determine its legitimacy. I am confident that my lawyer Dennis Hay of Willbanks, Hay & Wood, LLP, will resolve this matter and the facts will come out.
Respectfully,
James Martin
Thursday, May 17, 2007 8:13:00 PM
=================================
It appears that you change screen names as often as you change your story.
Last Friday you told me you wanted to sit down for an interview "ASAP."
We responded by setting up an appointment for this Monday at 10:00 AM.
At which time you backed out of your interview. You told us your attorney told you not to talk to anyone.
But yet here you are chatting away again.
Come on Jim! Sit down with us! Go on camera and tell us your side of the story! God knows we've tried like a hundred times!
We are ready and waiting! What are you so worried about?
Maybe it’s the fact that these 21 homes and this group of individual investors is just the tip of the iceberg.
We've seen "YOUR" loan applications as well!
You know! The applications for that house you tried buying in Rapid City not too long ago.
The application where your social security number does not match your actual social security number.
The application where you listed your income as 13-thousand-plus a month.
Since you won’t talk to me on camera I'll start asking the more pointed questions to you online.
For example,
WHY ARE YOU SUDDENLY TRYING TO TRANSFER THE TITLE ON YOUR PORSCHE TO YOUR GIRLFRIEND???
YOUR GIRLFRIEND WORKS FOR A LOCAL INSURANCE COMPANY. DID SHE HANDLE ANY OF THESE HOUSES?
MR. VIRAMONTES' EX WIFE WORKS FOR A LOCAL TITLE AGENCY. DID THAT TITLE AGENCY HANDLE ANY OF THESE TRANSACTIONS?
WHY DON'T THE SIGNATURES ON MANY OF THE LOAN APPLICATIONS MATCH?
I could go on and on, but I'll leave it at that for now.
I LOOK FORWARD TO YOUR REPLY.
Oh yeah! BATMAN! It's FRIDAY! Are you back from D-C????
Actually Josh,Batman said in one of the earlier blogs that he was detained in Washington until Monday.Jim or James which ever you prefer I would suggest that you do not get in front of that camera as it seems as though you might be the one that pissed in the fruit-loops.With the reporter bringing up girlfriends and ex-wives it seems as though he is trying to make it sound like a conspiracy,this tells me he is out to blow this thing up.As for the loan application that has the wrong social number,as long as the deal never closed it does not count for anything.The number could have been transposed by anyone and besides that it only counts if it was actually recorded that way on a closed deal.As far as income,I hope you are making that much a month if you are closing that many deals.What kind of Porsche are you trying to hide I am currently looking to buy a Carrera.Mr.Martin I will be in touch with your counselor.
Good day to all,
Mark.
Mr Bernstein,
Are you lost on this story? Maybe James is toying with you, Ever thought of that? This Mark guy is right you have spent way to much time on this story. To be honest I would like to hear more about that Mortgage broker who killed the 4 people when he was drunk. Now that is a story we all know he is going to jail.
Lets brake your new comment down Mr Bernstein
1st off James went from James Martin to James...Not a big deal to me. Not s story to me.
Fact 2 Transfering his Porsche to his girlfriends name. I am not sure about you Mr Bernstein but I am pretty sure thats not illegal.and probably none of our business.
Fact 3 you said YOUR GIRLFRIEND WORKS FOR A LOCAL INSURANCE COMPANY. DID SHE HANDLE ANY OF THESE HOUSES? Well if she did is that illegal too. Maybe you should ask her who signed the inurance papers if infact any of the so called victims used her for insurance.
Fact 4 you also said MR. VIRAMONTES' EX WIFE WORKS FOR A LOCAL TITLE AGENCY. DID THAT TITLE AGENCY HANDLE ANY OF THESE TRANSACTIONS? Ok, might be a good question to wonder. Check it out, let us know. Curious myself.
Fact 4 you also said that signatures do mot match on loan applications. So are you saying Mr Bernstein that someone else signed these Loan documents at the title company? Now thats a big story.
Fact 5 The Rapid City comment is kind of a tricky one to think about, did he buy any houses? Maybe he duped himself and should sue himself then. Why not, these so called victims(thanks Mark)said they were duped into signing I might ad 2 inch thick full of loan documents. But I will give you this Mr Bernstein, the ex wife of viramontes working for a title company might be a big story. And also you said loan Signatures do mot match.hmmmm Now thats evidence, not verbal allegations.
Just a thought!
I wonder if "Trojan Lending" the lender that handled most of these transactions recorded all the phone conversations like most financial institutions do!
Hmmm! Just a thought!
Trojan went under, but that doesn't mean all the records are gone.
I think things are about to get real interesting.
as about as intresting as the whales in the delta?
Get a new story Mr Bernstein. We have gotten about as much opinions about this story as we are going to get. Your determined to bring someone down. Personally James or any other of you guys reading this blog. I think you have a case against KCRA3 but check it out.
What ever you do guys do not comment to him, do not even let him no a thing. He doesnt care. and we all can tell in this blog Mr Bernstein is getting annoyed by these people.Mr Bernstein I wonder if you have read this entire blog. I think you should twice
Isn't Trojan a condom? Do they lend condoms. Are you making that name up?
Trojan Lending,good luck getting help from them I dealt with six banks in my case that I handled.I could get no cooperation from Trojan or New Century,there is a reason why they are both out of business.
As for the ex-wives current girlfriends and ex-mother in laws,brother in laws cousins and best friends who are in the insurance,title,appraisers or any other real-estate business.Lets say for argument sakes they handled a transaction or two or even three,that still does not make for a conspiracy ring.I would say out of the twenty transactions they would half to handle more than half to make that theory fly.I hope you have more than this to go on before you continue smearing this all over the news.I hope the attorney for the duped investors are not feeding you info as they have done no justice for there clients letting them appear on tv like that.
I agree,
I think I have lost faith in this Mr Bernstein. When you start bringing a porsche into the story that is being transferred to a girlfriend come on. I have been thinking about that comment all day and it has made me so mad that you have made a big story and now it comes down to this. Mr Bernstein I think I lost respect for your story now. I would not bother reposting any comments in this blog, you have made yourself look bad in so many ways. I agree with Mark. and what about the whales in the delta?
I work for Countrywide mortgage a rep,this is to the reporter who was asking about recorded phone logs.The only recorded phone logs most banks keep are the ones for the customers in our customer service department.As for the conversations brokers and loan officers have with their reps,I know they do not record those conversations so I think that will be a tough one.And know I do not know these guys so please don`t try and involve me in this circus act.
Ryan.
Post a Comment