Shocking: Convicted brokers keep licenses

By
Real Estate Agent with Coldwell Banker Previews International
Dozens of California real estate professionals charged with crimes or sued for allegedly fraudulent dealings in recent years still have their licenses, with no disciplinary sanctions listed on their records, according to a Sacramento Bee investigation.
The Bee ran the names of 260 people charged with a real estate-related crime or sued by the state in recent years through the California Department of Real Estate's licensee database.
Among that group, 45 people had active real estate broker or salesperson licenses. The licenses of a dozen others had been suspended or revoked, and the rest of the group were either unlicensed or did not work in the real estate industry.
A spokesman for the Department of Real Estate told the newspaper that it can't use an arrest or indictment as the basis for disciplinary action. After receiving a complaint or accusation, licensees are entitled to a hearing before an administrative law judge.
But the Bee found instances in which real estate professionals who have pleaded guilty to or been convicted of mortgage-fraud-related crimes still have licenses in good standing.
In California, licensed real estate brokers can list and sell real estate, and can also negotiate loans secured by real estate. Apart from real estate brokers and their licensed employees, only attorneys are authorized to negotiate with lenders. The paper cited the example of Herman Michael Covarrubias, who was charged with mortgage fraud-related crimes in Santa Clara County in 2005 and convicted in 2008. Covarrubias was sentenced to nearly 20 years in state prison in May 2009, but is still a licensed broker, the Bee reported.
A lawyer who represented victims in the case told the Bee that Covarrubias and an accomplice continued operating their business after they were charged.
Also retaining his license is Americorp Funding co-founder Richard Allen Maize, who pleaded guilty in August 2007 to his role in a mortgage fraud scheme that resulted in $18.5 million in losses to banks. The entry for Maize in the Department of Real Estate's database lists "No disciplinary action."
The Bee also discovered that Anthony Garth Symmes, a Chico homebuilder who pleaded guilty to playing a role in a multimillion-dollar fraud scheme, still has his real estate broker's license, with "No disciplinary action" listed.
Department of Real Estate spokesman Tom Pool told the Bee that it's not necessarily the best use of the department's limited resources to revoke the license of someone who is headed to jail, according to the report.
The department revoked 528 licenses in fiscal year 2008-09, up from 236 in 2004-05, the Bee reported.
Deborah Bremner
The Bremner Group at Coldwell Banker
REALTOR, 00588885, 
ABR, CDPE, eAgent, CSP, SFR, HRC, CRE
(O) 310-571-1364 DIRECT
(D) 818.564.6591
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Rainer
65,537
Carol Costanzo
Montague Miller and Company - Charlottesville, VA
GRI, SFR

Deborah, I am so sorry to hear of this terrible reflection on Realtors. I do not agree with this quote "Tom Pool told the Bee that it's not necessarily the best use of the department's limited resources to revoke the license of someone who is headed to jail, according to the report."

These people will get out of jail, and should not continue having a valid real estate license. In my opinion it is definitely not in the public interest.

Nov 21, 2010 11:33 AM #2
Rainer
67,556
Jeff Getman
Realty Executives of Ravalli County - Hamilton, MT
Realty Executives

If there's an explanation for this, I'd love to hear it. Here in Montana, one of the questions before being licensed is "have you been convicted of any felonies?" If the answer was yes--you're not supposed to get a license. But we have one here in our local board that was convicted of real estate related crimes, served 3 years in the federal pen and when he got out, they gave him his license back!! When we asked about it, the State & local Boards (Realtors) & State Board of Realty Regs all said they couldn't prevent him from making a living! Unbelievable and you wonder why the public thinks less of us than lawyers and snake oil salesmen!!

Nov 21, 2010 11:35 AM #3
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62,207
Mary Jo Quay
Remax Advantage Plus - Minneapolis, MN

It's not only California.  A couple years back I wrote to the Minnesota Department of Commerce on behalf of a client about a triple bank fraud.  One of a loan broker's loan officers used identity theft to refinance several properties, take commission and cash out.   In one case, the loan officer purchased a third property using my client's identity, had mail redirected to that property, and collected cash rent monthly without ever making a payment. 

The DOC advised my client to get an attorney.  We had a year long negotiation with three banks, and finally a mitigation meeting between five attorneys, my client, and myself.  Everyone lost, the broker did not show up.  The broker filed bankruptcy, which was denied.  A year later the FBI arrested him, and the DOC gurgled about, "Who knew?"

Another real estate BROKER was deported, and resumed business when he returned from vacation. 

Our system is failing us. 

 

 

Nov 21, 2010 11:39 AM #4
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