Missouri home builder sentenced for role in mortgage fraud scheme – NMP Skip to main content

Missouri home builder sentenced for role in mortgage fraud scheme

Aug 03, 2010

Beth Phillips, United States Attorney for the Western District of Missouri, has announced that the former owner of a residential construction business in Raymore, Mo., Jerry R. Emerick, was sentenced in federal court for his role in a $12.6 million mortgage fraud scheme that involved 25 upscale residential properties in Lee’s Summit, Mo., and Raymore, Mo. Emerick of Raymore, Mo., was sentenced by U.S. Chief District Judge Fernando J. Gaitan to two years and six months in federal prison without parole. The court also ordered Emerick to pay $5,289,819 in restitution. On April 9, 2009, Emerick pleaded guilty to conspiracy to commit mortgage fraud and wire fraud and to transfer funds obtained by fraud across state lines. Emerick owned and operated Ty Construction and Residential Contracting LLC, which was engaged in the business of residential construction, primarily in Lee’s Summit and Raymore. Seventeen defendants who were charged in a related federal indictment have pleaded guilty to their roles in the mortgage fraud conspiracy; 11 of those defendants have been sentenced. They were involved in buying and selling new homes—all of which were built by Emerick— in the Raintree and Belmont Farms subdivisions in Lee’s Summit and the Eagle Glen subdivision in Raymore. Buyers purchased the homes at inflated prices, obtaining mortgage loans for more than the actual sale price by providing false information to mortgage lenders, then kept the extra proceeds. Buyers created shell companies for the purpose of receiving those kickbacks from Emerick, with kickbacks ranging up to $125,000 on each house. Emerick admitted to participating in the fraudulent mortgage loans involving 22 residential properties in Lee’s Summit and three residential properties in Raymore. Emerick was aware that loan applications and supporting documentation containing material false and fraudulent representations and omissions of fact would be submitted to mortgage lenders. Emerick was also aware that buyers were creating false business entities in order to receive loan proceeds without the knowledge of the lender. Emerick submitted false documentation and made fraudulent material representations to title companies in order for the buyers to receive funds from the loan proceeds; he also made payments to the buyers outside of closing. In total, during the course of the conspiracy from June 2005 to May 2007, mortgage lenders approved 25 loans totaling more than $12.6 million. From that total, buyers received approximately $2.3 million without the lenders’ knowledge. Lenders sustained actual losses totaling $6,434,043. For more information, visit kansascity.fbi.gov.
About the author
Published
Aug 03, 2010
California Approves $25B Homebuyer Loan Program, Targeting New Construction

Proposition 37 could open new purchase lending opportunities, but financing costs and borrower qualification will determine its reach

When AI Takes Action: New Federal Framework Raises Questions

New federal banking guidance examines the risks of autonomous AI, from borrower communications to servicing transactions, with a focus on human oversight and accountability

States Tighten Mortgage Rules For Home Equity Investments

Massachusetts, Maine, and Illinois are expanding oversight of home equity financing

West Capital LO Challenges Contractor Status, Required Fees

A former originator alleges unpaid overtime, recurring tech charges, and company restrictions that he says undermine his independent-contractor status

CFPB Closes 40% Of Investigations, Keeps Mortgage Enforcement In Focus

The federal watchdog closed thousands of supervisory and investigative matters as it narrowed oversight

Midterms Loom With Mortgage Policy Changes Already In Motion

As voters head to the polls Tuesday, Washington is weighing changes to refinancing costs, loan pricing, and lending regulations