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Wednesday, Nov 09 2011 06:54 PM

Three sentenced to prison in mortgage fraud scheme

BY JASON KOTOWSKI Californian staff writer jkotowski@bakersfield.com

Three family members who pleaded no contest to conspiracy and grand theft in a multi-million dollar mortgage fraud scheme were sentenced to prison Wednesday.

Guadalupe Ramirez, her father, Augustine Ramirez, and her mother, Maria Ramirez, were also ordered to pay back more than $350,000 in restitution to entities they defrauded. Guadalupe and Maria Ramirez were sentenced to six years, while Augustine Ramirez received a four-year sentence.

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Guadalupe, left, and Maria Ramirez, along with Augustine Ramirez, were sentenced in superior court for conspiracy in a multi-million-dollar mortgage fraud scheme.

Maria Ramirez was sentenced in superior court for conspiracy in a multi-million-dollar mortgage fraud scheme.

Augustine Ramirez was one of three sentenced in superior court for conspiracy in a multi-million-dollar mortgage fraud scheme.

Guadalupe Ramirez were sentenced in superior court for conspiracy in a multi-million-dollar mortgage fraud scheme along with Maria Ramirez, and Augustine Ramirez.

Prosecutor Gordon Isen said it may not be possible to find every victim because the lenders for many of the loans the Ramirezes fraudulently obtained are now out of business. Isen said he and the attorneys for the defendants agreed a trial would last three months and be a tremendous expense, and they settled on a plea deal.

"I feel that, under the circumstances, justice was served by the sentences meted out today," Isen said.

Benjamin Nkwonta, representing Guadalupe Ramirez, maintained his client's innocence. He said all Guadalupe did was act as an agent for her father and receive her due commissions.

Guadalupe Ramirez had been a licensed real estate agent.

Frank Butkiewicz represented Augustine Ramirez, and Brian McNamara was the attorney for Maria Ramirez. Neither Butkiewicz nor McNamara could immediately be reached for comment.

The case was extremely complex, and a preliminary hearing in February which at first was estimated to last six hours instead stretched to seven days.

The criminal complaint filed in court said Augustine Ramirez bought five homes between November 2006 and January 2007, each time indicating he planned to live there. Owner-occupied homes are eligible for more favorable loan terms.

Augustine and Guadalupe Ramirez then conspired to obtain inflated appraisals on the homes, lying to sellers to get them to make what amounted to kickback payments that were not disclosed to lenders, the complaint says. The homes went into default.

Maria Ramirez also took part in the scheme, police reported.

The loans were in the name of Augustine Ramirez, but both father and daughter were present when loan applications were submitted, according to police reports. Current and former appraisers who evaluated the five properties cited in the complaint were sanctioned by the state Office of Real Estate Appraisers for "errors and omissions" in their work.

Isen said the outcome of this case should serve as a warning to others.

"There's always a paper trail," he said.

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