Real Estate Agent Goes to Jail For Short Sale Fraud
Sergio Natera, 37, Bridgeport, Connecticut, was sentenced by United States District Judge Janet C. Hall in Bridgeport to two months of imprisonment, followed by three years of supervised release, for his involvement in a "short sale" mortgage fraud scheme.
A short sale transaction as involved in this case refers to a mortgage holder or lender entering into an agreement to release its mortgage or lien on real property in exchange for payment of less than the total amount owed on the underlying debt. Many short sale transactions are legitimate.
According to court documents and statements made in court, Natera and Anna McElaney, both real estate agents, defrauded Regions Bank, which held two mortgages on a residential property in Bridgeport. On December 5, 2007,
McElaney, who was a listing agent for the property, received an offer to purchase the property for a price of $132,500.
However, Natera and McElaney informed Regions Bank that the highest offer to purchase the property was for $102,375 and that it was made by BOS Asset Management, LLC.
Natera and McElaney concealed from Regions Bank that there was a higher offer by another bidder, that Natera owned BOS Asset Management, LLC, and that Natera and McElaney planned to keep the difference between the two prices.
Based on the false and incomplete information provided to it, Regions Bank agreed to the short sale for the lower price, and released its mortgages on the property.
On June 9, 2008, Natera and McElaney arranged for two sales of the property to occur on the same day.
The first sale was from the owner of the property to BOS Asset Management, LLC for $102,375; the second sale was from BOS Asset Management, LLC to the original bidder on the property for $132,500. Natera and McElaney retained the difference between the two sale prices.
In February 2010, Natera and McElaney each pleaded guilty to one count of bank fraud. On July 25, 2011, McElaney was sentenced to eight months of imprisonment and six months of home confinement.
David B. Fein, United States Attorney for the District of Connecticut, announced the sentence.
This matter was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorney Ann M. Nevins.
The Connecticut Mortgage Fraud Task Force includes representatives from the U.S. Attorney's Office; Federal Bureau of Investigation; Internal Revenue Service – Criminal Investigation; U.S. Postal Inspection Service; U.S. Department of Housing and Urban Development, Office of Inspector General; Federal Deposit Insurance Corporation, Office of Inspector General, and State of Connecticut Department of Banking.
To report financial fraud crimes, and to learn more about the President's Financial Fraud Enforcement Task Force, please visit www.stopfraud.gov.
source: Mortgage Fraud Blog