PROGRAM
Marty Cryan introduced our speaker for today: Ken W. McCormick.
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Welcome, Ken
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Ken is a Deputy District Attorney for Contra Costa County and currently runs the Real Estate Fraud Unit. Ken grew up in Orinda and went to Cal (many cheers). There were references to Big Game related bets but this reporter is college-football challenged so they went over her head. Ken joined the DA's office 22 years ago and has been running the Real Estate division for 12 years. He lives in Lafayette.
Ken's topic is Preventing Real Estate fraud. Ken showed his sense of humor early by revealing knowledge of Jim Marggraff's real reason for wearing Google Glass.
On to more serious topics...the foreclosure problem is pretty bad in Contra Costa County. Crooks are trying to prey on people in foreclosure so Ken introduced a program to start reaching out to people who get a notice of default. The notices are sent right away (in English and Spanish) and advise homeowners of possible cons and how to avoid them. Contra Costa did this first and other counties have followed. HUD certified counselors have given good feedback that the program is helping and that homeowners are getting the message.
In response to a question about prosecuting banks, Ken clarified that banks are prosecuted by the US Attorneys, while Contra Costa prosecutes individuals.
Ken and team also introduced the Fraud Notification Program. Whenever there is a transfer of ownership, quitclaim or grant deed filing against a deed, a letter goes out to the homeowner (or the last person who paid the property taxes, who may be an attorney or accountant helping a senior) advising them. Ken's team has dedicated police and paralegals pursuing people trying to steal the property. Within the first few weeks of the program they were able to prosecute and convict a son of trying to steal his parents' rental property (which was their only source of income). So it has been successful...
Ken shared some additional cases and the points that can be compromised. The County Recorder's office is a weak point in the chain. The law does not require them to validate the transaction and that the document is true. In response to a question about why the information is allowed to be sold, Ken clarified that in order to insure that there is fair bidding, if the property is sold at foreclosure, the information needs to be public. This is State law.
The trend in CC is toward squatters, because of foreclosures, especially in East County but it is county- wide. Offenders may be doing illegal activities (like cooking meth) or may just be living there. Squatters have started creating false leases so it can be difficult for law enforcement to determine who the victim is. Craigslist rental ads can be a part of the problem. Fraudsters 'rent' houses that they don't own to innocent victims - all for cash.
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Bad guys will be caught!
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Ken also shared that some bad guys use 'Adverse Possession' to try to take over properties. Move in as a squatter, pay property taxes for 5 years...and it's yours!
Ken concluded by sharing a recent case he prosecuted. Carl Miller, a local Orindan and owner of Geneva Fund of Orinda, embezzled $740K from 60 investors, mostly their retirement funds. He embezzled from his son's Boy Scout troop and other individuals as well, spending most of the money to build a $3.4 mil mansion for himself, then lived in the house free for four years. He was convicted of eight felonies. At his sentencing last week 40-50 investors appeared for the sentencing. He has gone to state prison for 12 years (will probably serve about 6 years). There is no equity in the house to reimburse those who lost money.
Hays thanked Ken and reminded everyone that we are dark next week due to the Thanksgiving holiday.
Happy Thanksgiving to all!!
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