--- by Andree McLeod
Joe Miller’s Indigent license was purchased in 1995 -- the income to qualify was in the preceding 12 months and needed to be under $8250.00 household income annually.
Miller's mortgage in 1994 with Countrywide for the house on the hillside was a 7-year, $92,000loan @ approximately 8%. (Monthly payment approximately $1400 for interest and principle only.)
Add insurance and taxes and the monthly is over $1600. $1600x12=$19,200. Substantially more than the $8250 annual gross family income limit for an indigent license.
Miller family's gross income in 1994 (qualifying year for 1995 indigent license) included income from the sale of a portion of his Kansas farm acreage, Joe's Army Reserve pay as a First Lt., his farm rental payments from Farmer's Coop, Alta Vista, Kansas, his farm subsidies, legal intern salary from Condon, Partnow & Sharrock (May, 1994) and from the Alaska Dept of Law (June through December, 1994, at least $2,000/month) and child support Kathleen received for two children.
The total is greatly in excess of $8250 and was enough to qualify them for the $92,000 mortgage from Countrywide.
Additionally, in 1996, his wife again applied for a Class 5A license - claiming gross family income of less than $8250 when she was still receiving child support, Joe was still receiving Army Reserve pay, farm rental income and subsidies and had gone to work in May 1995 (1995 was the qualifying year) at Partnow, Condon & Sharrock for $70,000 year.
If he was truthful on the fishing license application then he had to have lied on his home loan application which means:
Mortgage Fraud can be prosecuted under 18 U.S.C. § 1010 (2007) for HUD & FHA Fraud (18 U.S.C. § 1010).
It is a crime for a person
- for the purpose of obtaining any loan or advance of credit from any person, partnership, association, or corporation
- - with the intent that such loan or advance of credit shall be offered to or accepted by the Department of Housing and Urban Development for insurance, or
- - for the purpose of obtaining any extension or renewal of any loan, advance of credit, or mortgage insured by such Department, or the acceptance, release, or substitution of any security on such a loan, advance of credit, or
- - for the purpose of influencing in any way the action of such Department,
- make, pass, utter, or publish any statement, knowing the same to be false, or
- alter, forge, or counterfeit any instrument, paper, or document, or
- utter, publish, or pass as true any instrument, paper, or document, knowing it to have been altered, forged, or counterfeited, or
- willfully overvalue any security, asset, or income.
The punishment under this section is a fine, imprisonment for not more than two years, or both.
Mortgage Fraud Prosecuted Under 18 U.S.C. § 1014 (2007) (False Statements on Loan Applications)
18 U.S.C. § 1014 (2007).
Under section 1014, it is a crime for a person to
- knowingly make any false statement or report, or
- willfully overvalue any land, property or security,
- - for the purpose of influencing in any way the action of the
- - - Farm Credit Administration,
- - - Federal Crop Insurance Corporation or a company the Corporation reinsures,
- - - the Secretary of Agriculture acting through the Farmers Home Administration or successor agency,
- - - the Rural Development Administration or successor agency,
- - - any Farm Credit Bank, production credit association, agricultural credit association, bank for cooperatives, or any division, officer, or employee thereof, or
- - - of any regional agricultural credit corporation established pursuant to law, or
- - - a Federal land bank, a Federal land bank association,
- - - a Federal Reserve bank,
- - - a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662), or
- - - the Small Business Administration in connection with any provision of that Act,
- - - a Federal credit union,
- - - an insured State-chartered credit union,
- - - any institution the accounts of which are insured by the Federal Deposit Insurance Corporation,
- - - the Office of Thrift Supervision,
- - - any Federal home loan bank,
- - - the Federal Housing Finance Board,
- - - the Federal Deposit Insurance Corporation,
- - - the Resolution Trust Corporation,
- - - the Farm Credit System Insurance Corporation, or
- - - the National Credit Union Administration Board,
- - - a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978 [12 U.S.C. § 3101(1) and (3)]), or
- - - an organization operating under section 25 or section 25(a) of the Federal Reserve Act,
- - upon any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, or loan, or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefore.
The punishment for a violation of section 1014 is a fine of not more than $1,000,000, imprisonment not more than 30 years, both.
The deed in question (click to enlarge):