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Understanding Attorney Escrow Accounts and How They're Misused

When buying or selling a home, you're likely to encounter a legal term called an escrow account—sometimes called a trust account. These accounts are a crucial part of many financial transactions, especially in real estate, but they're also a place where things can go wrong if someone isn't trustworthy. What Is an Escrow Account? Think of an escrow account as a secure holding place for money that belongs to someone else. In a real estate deal, for example, a buyer's down payment is often put into an attorney's escrow account. The attorney, acting as a neutral third party, holds the money for both the buyer and the seller until all the conditions of the sale are met. The attorney is legally and ethically bound to keep this money separate from their own business or personal funds. This is known as the rule of "no commingling." The entire purpose of an escrow account is to protect the client's money. The funds should never be used by the attorn...

Real Estate Lawyer Sentenced in Manhattan Federal Court to 46 Months in Prison for His Role in a Multimillion-Dollar Mortgage Fraud Scheme

PREET BHARARA, the United States Attorney for the Southern District of New York, announced that ALEXANDER KAPLAN, formerly a Brooklyn-based real estate lawyer and the owner of a title insurance company, was sentenced on Friday, June 17, 2011, in Manhattan federal court to 46 months in prison by United States District Judge RICHARD J. HOLWELL for his role in a multimillion dollar mortgage fraud scheme. KAPLAN was convicted, on February 6, 2009, of eighteen counts of mortgage fraud after a two-week jury trial. According to the evidence presented at trial and statements made in court: From late 2004 through January 2007, KAPLAN and his coconspirators obtained hundreds of mortgage and home equity loans by submitting loan applications and supporting documents to various lenders that contained false information about, among other things, the prospective borrower’s employment, income, and intent to reside in the property in question, as well as the fair market value of the property. The...

JOSIE ALMONTE Convicted of Scamming Victims Out of More Than $77,000

Manhattan District Attorney Cyrus R. Vance, Jr., today announced the conviction of JOSIE ALMONTE, 33, for perpetrating a large-scale real estate fraud scheme that targeted sixteen victims. On March 9, 2011, a jury in New York State Supreme Court found the defendant guilty of 28 counts of Grand Larceny, Scheme to Defraud, and Criminal Impersonation. “The defendant launched her scheme to defraud vulnerable, low-income families in the middle of a nationwide economic and housing crisis,” said District Attorney Vance. “JOSIE ALMONTE preyed upon individuals who obtained or were seeking federal housing assistance, gained their trust and then stole their money. I would like to commend the jury for recognizing the depth of her deception in pursuit of her personal financial gain.”

California Real Estate Executive Pleads Guilty to Bid Rigging at Public Foreclosure Auctions

A real estate executive pleaded guilty today in U.S. District Court in Sacramento, California, to conspiring to rig bids and commit mail fraud at public real estate foreclosure auctions held in San Joaquin County, California, Christine Varney, Assistant Attorney General of the Department of Justice's Antitrust Division, and Benjamin B. Wagner, U.S. Attorney for the Eastern District of California, announced. Richard W. Northcutt pleaded guilty to conspiring with a group of real estate speculators who agreed not to bid against each other at certain public real estate foreclosure auctions in San Joaquin County. The primary purpose of the conspiracy was to suppress and restrain competition and to obtain selected real estate offered at San Joaquin County public foreclosure auctions at non-competitive prices, the department said in court papers.