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4 People Arrested In Alleged Foreclosure Scam
POSTED: 3:49 pm PDT May 22,
2008
UPDATED: 3:28 pm PDT May 23,
2008
SAN DIEGO -- An alleged home foreclosure rescue scam that victimized at least 400 homeowners in San Diego County was broken up with the arrests of four people, the District Attorney's Office announced Thursday."The defendants preyed on mostly non-English speaking Hispanic homeowners who were in foreclosure, claiming to offer assistance in preventing the victims from losing their homes," said District Attorney Bonnie Dumanis. "These transactions were illegal and left the victims even worse off than they were before. Some of the victims have been evicted from their own homes when this scheme failed."On Wednesday, investigators from the District Attorney's Office and FBI agents served arrest and search warrants in Carlsbad.
The alleged ringleader, William Hutchings, 62, was arrested, along with Xiaoke Li, 43, Edgar Martinez, 30, and Diego Gil Gil, 38.They were charged with conspiracy, grand theft and deceitful practices as foreclosure consultants.A fifth suspect, Shawna Landis, 29, remains at large, Dumanis said.Martinez and Gil were arrested as they were giving a presentation to more than 50 prospective victims, Dumanis said."The defendants were allegedly engaged in a widespread foreclosure rescue scam, in which they acquired grant deeds to homes in foreclosure, based on untrue or misleading statements that their land-grant program would prevent homeowners from losing their homes through foreclosure," Dumanis said.Dumanis said two methods were used for inducing owners of residences in foreclosure to participate in a so-called land grant program.One method required homeowners to pay a one-time fee of up to $10,000 to put their property in a land grant.The second method was a lease back scheme in which homeowners paid the suspects $500 or more and then transferred their property via grant deeds to the defendants for no consideration and then made monthly payments to the defendants, purportedly to rent their homes back from the defendants.In both scenarios, homeowners were eventually foreclosed on and evicted and retained no legally recognized title to the property, Dumanis said.Losses so far are in the hundreds of thousands of dollars, she said.Some of the victims who have been evicted from their homes are difficult to locate and more victims are being sought, Dumanis said.Keith Slotter, FBI Special Agent in Charge of the San Diego Office, said the crime of mortgage fraud is a difficult and challenging problem in today's society."I find it particularly atrocious when individuals will take advantage of others whom they know are experiencing sometimes extreme financial hardship," Slotter said. "To see this happen is truly, truly reprehensible."In addition to the criminal case, the state Attorney General served a civil injunction and temporary restraining order against the defendants, who also used the business names of Federal Land Grant Company, Land Grant Services and KBS Resources."There hasn't been a legitimate use of the land grant since the conclusion of the Mexican-American War," said Attorney General Jerry Brown. "If some fast-talking scam artist offers a quick escape from foreclosure using archaic documents, be extremely suspicious."The District Attorney's Office and the FBI asked all victims who signed over their properties to the defendants and/or the companies to call a DA hotline at 619-531-4475 to provide current contact information for the purposes of prosecution and possible restitution.Prosecutors said there are many more victims throughout the state who have not come forward or do not yet realize they have been scammed.The District Attorney's Office also took the step of freezing the assets and bank accounts of the defendants so restitution might be easier to attain.The defendants are scheduled to be arraigned Friday at the downtown courthouse.Collectively, they are charged with more than 100 counts and each face up to 44 years in prison if convicted.
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