Condo buyers allege flipping scheme

DEFAULTS: Six families say community was focal point of a mortgage fraud

Article Courtesy of The Herald Tribune

By Michael Braga & Chris Davis

Published December 14, 2009 

ROTONDA - Back in 2007, Steven and Joan Haber paid $260,000 for their retirement home in Charlotte County, a short drive from the multimillion-dollar beachfront estates of Boca Grande.

The Condominiums at Waterside seemed like a steal. Within 18 months, the buildings were sold out and the newest units were fetching record prices despite a statewide real estate slump that had brought condo sales elsewhere to a halt.

But it wasn't long before the Sarasota couple's anticipation turned to anxiety.

Two of every three buyers in the complex stopped paying their mortgages, most without making a single payment.

When the Habers and their neighbors began trying to track down delinquent buyers, they discovered other oddities, including the fact that nearly every buyer was Brazilian and six had listed fake U.S. addresses on the contracts they signed to buy units.

The few condo owners who continue to pay their bills now believe they were the victims of a $10 million mortgage fraud scheme in which straw buyers bought units so they could qualify for mortgages they never intended to repay.

Mortgage fraud experts say the sales at Waterside exhibit clear warning signs for fraud. Among them: unusually high sale prices, loan defaults within a few months of purchase and large consulting fees accompanying each sale.

A Herald-Tribune review of the 42 Waterside sales and related mortgages found that 28 involved Brazilian buyers who appear to have paid inflated prices when values were falling.

From January 2008 to January 2009, those buyers paid $385,000, at least $35,000 more than any other unit in the complex had previously sold for and $90,000 higher than the average price paid. The value of the condos at the time was about $220,000, according to Wayne Furlong, a Port Charlotte real estate agent who had been trying unsuccessfully to sell the units before the Brazilian buyers appeared.

The foreign investors each borrowed about $350,000, mortgage records show. Of that, $225,000 went to repay the developer, John A. Canino Jr. Most of the rest of the loan proceeds -- about $3.5 million -- was paid out to the real estate companies and consulting firms that recruited the Brazilian buyers, records obtained by the Herald-Tribune show.

"When we saw that the units sold for $385,000, that was the first indication that something was wrong," Joan Haber said. "Nothing would have sold for $385,000 at that point."

"The fact that all the buyers were single Brazilians and some of them listed false addresses added to our suspicions," Steven Haber said. "We began to dig in to the records and additional information kept coming up. So we decided to meet with a state fraud investigator."

The Herald-Tribune attempted to contact the real estate agents, attorneys and others who facilitated the Waterside sales. Most could not be reached, or did not return repeated calls. Those willing to talk said they now believe the sales were fraudulent but said they were tricked by others involved in the transactions.

Today, six families remain at Waterside to share the costs associated with running a 42-unit complex.

The Habers and the other homeowners have been forced to take on association fees and maintenance costs of $8,000 a month. Mold has spread through four of the empty units, which had no electricity and no air-conditioning during Florida's sweaty summer months.

The empty units have been caught in legal limbo since the buyers stopped paying their mortgages en masse. Banks have so far refused to foreclose, which would make them responsible for paying association fees and for maintaining the empty units.

"There are six people in here trying to keep this alive," Steven Haber said. "It's a big mess. People are losing their investments."

According to the Habers and other legitimate buyers, the state Attorney General has started an investigation into the real estate transactions and rapid defaults.

Even Canino now believes the sales that helped him unload his unsold condominiums were part of a scam, although he said he did not realize it at the time.

"I knew I was getting $225,000 from each sale and that's all that mattered to me," he said. "It didn't matter that they were getting $385,000. I didn't care."

Bad timing

Canino, a Florida contractor for 20 years, said Condominiums at Waterside was his first venture as a developer.

His company signed up 24 buyers and completed the first two buildings in June 2007. By then, however, the real estate market was in full retreat.

Nearly half the buyers backed out, leaving Canino with $8 million in construction loans to SunTrust Bank and little hope of repaying them.

"The market just stopped," Canino said. "I had zero sales. Not one person signed a contract and I started getting worried."

In late 2007, Canino turned for help to Furlong, the Port Charlotte real estate agent. Furlong said he sent out e-mail blasts and Internet advertisements and was eventually contacted by a group of professionals from Florida's east coast.

"They came out of nowhere," Furlong said.

Furlong said he dealt with Miami attorney Hector Diaz and a legal assistant who worked for Diaz. But the law firm worked with several real estate firms and other corporations that specialized in real estate investing, Furlong said.

Together, the group offered to buy 28 units at Waterside for $6.3 million, or $225,000 per unit.

That would still leave Canino short of the $8 million he owed SunTrust. But the bank approved the sale.

Canino said he never met any of the Brazilian buyers who bought his units. Closings were organized by Diaz's law firm and occurred on Florida's east coast, Canino said.

Canino concedes that the deals were littered with red flags. But at the time, he said, he did not realize the consequences.

"He had his back against the wall and SunTrust was playing hardball," said John Patterson, Canino's longtime Sarasota lawyer. "When someone really gets their back against the wall and a white knight appears, the tendency is not to kick the tires as much as you should."

White knights

It is unclear who led the group that contacted Furlong.

Furlong said the only people he dealt with were Diaz and his legal assistant, while Canino said he only dealt with the assistant.

But documents provided to the Herald-Tribune show that 10 real estate companies and marketing firms got credit for recruiting buyers to rescue Waterside.

A February 2009 e-mail exchange between Diaz's office and Canino breaks down which companies received cash for arranging the sales.

The document, which was sent to a Waterside owner by Canino, lists the buyers of 24 units along with the marketing company and associated fee paid to each company.

The marketing fees range from $93,000 to $123,000. In addition, HUD closing documents obtained by the Waterside condo association show the five real estate brokerages involved in the sales to Brazilians collected nearly $840,000 in commissions, as much as 14 percent on each deal. That means as much as 40 percent of each unit's sale price went to commissions and fees.

Any kind of fee can be acceptable in a real estate transaction if it is disclosed to the lender, said Ann Fulmer, vice president of business relations at Interthinx, one of the nation's leading providers of mortgage fraud prevention tools for lenders. But the payment of a consulting fee is one of many warning signs for potential fraud, she said.

"Any time there's a facilitator involved it's a red flag, whether it's a marketing facilitator or a sales facilitator or any kind of facilitator," Fulmer said.

Diaz, whose law firm closed all of the sales and therefore was responsible for directing funds, said the deals appeared normal to him at first.

"It didn't seem like anything was wrong," Diaz said. "I didn't know if the prices were above or below the market."

Diaz said a legal assistant in his office did much of the work for the Waterside deals. He accused that assistant of taking money from the closings and said he fired him when he discovered details.

The Herald-Tribune was unable to locate the assistant for comment.

Mystery companies

Among the marketing companies that collected cash at Waterside closings was Royal Grand Development Inc. The company, set up by Canino, received $374,000 from four condo sales at a time when SunTrust Bank had agreed to accept less than what Canino owed on his development.

Canino said he did not keep the money. He said he was required to immediately send it to Diaz's law firm. Canino said he was told the money would be put into escrow accounts and used for interest payments and homeowners' dues for the Brazilian buyers for a year or two. But the buyers all stopped paying their mortgages long before that.

Canino received other money from the sales. HUD documents indicate that $100,000 from four sales was given to Canino to pay off liens. He said it went to pay subcontractors and workers involved in condo construction.

No one got more money from the Waterside sales, according to the Diaz law firm e-mail, than Gabriel Leite, a Deerfield Beach real estate agent.

Leite is listed as the top executive of Home Improvement & Design and GL Realty, state corporation records show. Those firms received $1.6 million of the total money sent to Diaz, according to the e-mails reviewed by the Herald-Tribune.

Leite did not return four messages seeking comment.

Of the 10 marketing and real estate firms that Canino and others identified, five have never been registered as corporations with Florida's Secretary of State. Two others were only registered for the period from 2007 to 2008 when the sales to Brazilian buyers took place.

Three of the 10 companies still have working telephone numbers and only one returned calls from the Herald-Tribune.

David Chambless, who heads United Realty Group, a national firm with 1,800 real estate agents, said he was not familiar with the four Waterside sales that one of his agents apparently handled.

But Chambless said the situation at Waterside sounded like a scheme he heard described at a bank-sponsored fraud seminar.

"They talked about an illegal inducement that shows up as a consulting or management fee," Chambless said.

Chambless said he planned to track down the agent who handled the deals for United Realty Group, but he did not provide that agent's name.

The Brazilian connection

The Herald-Tribune attempted to contact Brazilian buyers who defaulted on the Waterside condos and confirmed that six had provided inaccurate or fake U.S. addresses in their sales contracts.

One Brazilian buyer listed the address of a vacant lot, two gave addresses that do not exist and another cited a home address that is actually a two-story office building on Tamiami Trail in Port Charlotte.

The current owners at two other addresses listed by investors said Brazilians had never lived there, but junk mail in their names keeps piling up.

Ronilto Gomes, a Bradenton resident originally from Brazil, is one of the few buyers current Waterside residents have been able to contact.

In an interview with the Herald-Tribune, Gomes said he found out about Waterside from another shopper at a Brazilian grocery store in Deerfield Beach.

Gomes was hooked when Ellen Machado, an agent with Primicias Mortgage & Realty in Deerfield Beach, told him he would be able to get a $350,000 loan and an account would be set up from the borrowed money to enable him to make interest payments and to pay condo dues for six months.

That meant he would not have to make a single payment in the beginning.

Gomes said he planned to continue paying his mortgage, but got injured and was unable to work.

"It was the first time I had bought a home," said Gomes, who defaulted on his loan in seven months. "I found myself upside down. I was not able to work and the bank kept calling."

Gomes said he tried to find Machado after he defaulted, but her office had closed. She could not be reached for comment.

No help from banks

The remaining Waterside owners are angry at consultants and real estate professionals who arranged sales that went bad. But they say the banks that facilitated the sales are just as much to blame.

Sales contracts and mortgage records show that 27 of the Brazilian sales involved loans generated by independent brokers. The mortgages were all subsequently purchased by Citibank and JPMorgan Chase, banks that were regularly buying up loans from other lenders and packaging them into securities sold to investors the world over.

Residents say they are amazed the banks agreed to buy loans made to foreign buyers by independent brokers, especially at a time when real estate values were falling.

"Does it shock you that Citibank is in so much trouble?" asked Morgan Bentley, an attorney with Sarasota's Williams Parker lawfirm, which is representing the Waterside owners free of charge. "Was anyone paying attention?"

The two banks have earned another round of ire from Waterside residents because they have delayed foreclosing on the units. That keeps the banks from becoming responsible for paying condo association dues and leaves the few remaining owners to pay the bills.

Representatives from Chase and Citibank point out that that their firms did not originate the loans.

"These loans were originated by a variety of third party entities over a considerable period of time," said Mark Rogers, Citibank's spokesman. "In an environment where the inflated marketplace values may have already been established on a larger scale, the values on these individual properties may not have seemed unusual."

But Nancy Norris, the spokeswoman for JPMorgan Chase, said it is clear the deals were suspicious and her bank's fraud department is now investigating.

Norris said her bank will take immediate action to try to help the remaining homeowners.

Haber said he has already been visited by a Chase representative, who said he would see what the bank could about paying homeowner dues. But two weeks have passed and Haber said he cannot get the Chase representative to return calls or e-mails.

"I've been so perplexed and disappointed by the banks," said Doug Bolduc, a Waterside condo owner who has been researching suspicious sales in the complex. "All the people they gave $350,000 loans to are single people with very little in the way of assets. Where was the due diligence? They were just throwing money at these folks."

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