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Indictment of Man In $1 Million Real Estate Investment Scam

Attorney General Spitzer today announced the indictment of a New Jersey man for defrauding nine investors out of more than a million dollars in a real estate scam that began in 1997. The 23-count indictment charges that Rudy Lavanture, 29, stole money from investors while promising "guaranteed" rates of return of 30-70%.

Lavanture, and his company, Intrust Investment Realty, used advertisements in the New York Times to lure investors. Lavanture told investors that the company would purchase and then resell one-to-four family homes in the Tri-state area to individuals in low income areas at a substantial profit.

"The defendant in this case used a slick sales pitch and empty promises to steal a million dollars from unsuspecting investors," Spitzer said. "This case again demonstrates that investors need to be extremely cautious when "guaranteed" extremely high rates of return."

According to the indictment, Lavanture told investors that he was a broker representing the Department of Housing and Urban Development and that he had close a relationship with the agency, which would provide him with lists of available properties. He also claimed that their money would be used to purchase and renovate the properties, which would then be bought by pre-approved third-party buyers. Lavanture further perpetrated the scam by filing documents with the Department of State for a company named "HUD", enabling him to cash checks investors had made payable to "HUD".

As the scheme progressed, Lavanture continued soliciting money from new investors, who were assured their funds were being used to rehabilitate the homes and that the closings on the properties were imminent. Those investors who demanded their money back were given worthless promissory notes or checks that bounced.

The investigation was prompted by a complaint filed with Spitzer’s Real Estate Financing Bureau. Among the charges Lavanture faces are two counts of Grand Larceny in the Third Degree, 10 counts of Intentional Real Estate Securities Fraud and seven counts of Grand Larceny in the Second Degree.

Lavanture faces a maximum of 15 years in prison for the each of the seven Grand Larceny Second Degree counts, and up to seven years in prison for the each of the counts of Grand Larceny in the Third Degree.

The charges against Lavanture are accusations and the defendant is presumed innocent until proven guilty.

The case is being handled by Assistant Attorneys General Rhonda Greenstein of the Criminal Prosecutions Bureau and Nancy Haber of the Real Estate Financing Bureau.

Contact New York real estate lawyers from the law firm of Weinstein, Chase, Messinger and Peters, P.C. ,

 

 

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  Real Estate Terms


FAIR MARKET VALUE
-The hypothetical price that a willing buyer and seller will agree upon when they are acting freely, carefully, and with complete knowledge of the situation.

PMI
-Private Mortgage Insurance; privately-owned companies that offer standard and special affordable mortgage insurance programs for qualified borrowers with down payments of less than 20% of a purchase price.

Real Estate Investment Trust REIT
- Mortgage REITs deal in investment and ownership of property mortgages. These REITs loan money for mortgages to owners of real estate, or invest in (purchase) existing mortgages or mortgage backed securities. Their revenues are generated primarily by the interest that they earn on the mortgage loans.

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DID YOU KNOW ?

ALTERNATE DISPUTE RESOLUTION (ADR) can be a real estate legal option

This is A range of different forums and processes which can be utilized to resolve a dispute.

For example arbitration, collaborative problem-solving/consensus-building, negotiation, facilitation, mediation and conciliation.

Acceleration clause is a real estate contract option

A provision in a mortgage, trust deed, promissory note or contract for deed (agreement of sale) that, upon the occurrence of a specified event, gives the lender (payee, obligee or mortgagee) the right to call all sums due and payable in advance of the fixed payment date.

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NY State Published Real Estate Guide

New York State Attorneys Office on Tenant Rights, This is a guide on NY Tenent's Rights published by NY State. Read More >

Additional free copies of "Tenants' Rights Guide" are available from the New York State Attorney General's Office, 120 Broadway, New York, NY 10271 or from any regional office of Attorney General Eliot Spitzer.

 


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