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State v. Mr. C (DMC No. 9569)

DEFRAUDING A SECURED CREDITOR/MORTGAGE FRAUD ($41,000) REDUCED to CLASS 6 Open/Misdemeanor CRIMINAL DAMAGE (Designated as a MISDEMEANOR at Sentencing) with PROBATION and ZERO DAYS in JAIL. – State v. Mr. C (DMC No. 9569) (Maricopa County Superior Court CR 2010-115555): Mr. C. and his wife had purchased a house that was well beyond their means. This occurred prior to the housing bubble, and when their rates readjusted, Mr. C. could no longer afford the house. Prior to the house going into foreclosure, he sought bad legal advice and was informed that he could remove various fixtures from the house. After he removed $41,000 in fixtures, he then let the house proceed into foreclosure. JP Chase Bank subsequently contacted Police, and Mr. C. was charged for Defrauding a Secured Creditor/Mortgage Fraud. We were able to arrange for most of the items to be returned and secured an offer from the Prosecutor to Criminal Damage Class 6/Open with Probation. At Sentencing we convinced the Judge to designate the case as an outright Misdemeanor, and to waive any Jail time. Because Mr. C. was employed in the tax preparation field, this allowed him to keep his employment due to the fact that there was no Felony on his record.


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