Asbury Park Press

Ties to fraud case hit two companies

- Michael L. Diamond Asbury Park Press USA TODAY NETWORK – NEW JERSEY Contact Michael Diamond at mdiamond@gannettnj.com.

Two title insurance companies with ties to Lakewood signed off on loans for a real estate investor who later pleaded guilty for participat­ing in a $165 million mortgage fraud conspiracy, federal law authoritie­s said in an announceme­nt that has rippled through the industry.

The two companies, Madison Title Agency and Riverside Abstract, weren’t named as defendants, but their alleged role in the scheme could make it more difficult for them to get business.

In a memo obtained by The Real Deal, a trade publicatio­n, Fannie Mae, an agency that buys mortgages from lenders, said: “Until further notice, we will not accept delivery of any mortgage loan closed using Madison or Riverside in any capacity.”

Madison, headquarte­red in Lakewood, and Riverside, which has an office in Lakewood, have a big foothold in the title insurance industry. The industry works largely behind the scenes in real estate transactio­ns by researchin­g property histories to make sure there are no other claims to the property, such as a lien or an unknown mortgage.

The two companies were thrust into the spotlight in December, when Boruch “Barry” Drillman, a New York real estate investor, pleaded guilty to engaging in a conspiracy to obtain more than $165 million in loans and fraudulent­ly acquire apartment buildings and commercial properties.

A federal lawsuit said Drillman conspired with others from 2018 to 2020 to purchase two properties in what authoritie­s called a “flip” transactio­n in which buyers obtain loans for more than the properties are worth.

In one instance, Drillman and his partners in 2019 used a stolen identity to purchase a multifamil­y property called Williamsbu­rg of Cincinnati for $70 million before turning around and selling the property to Drillman for $95.85 million, falsely telling a lender and Fannie Mae that the transactio­n was at arm’s length, the complaint said.

Madison Title performed two closings for the Willliamsb­urg, the complaint said, one for the seller with a contract price of $74.5 million and one for the lender with a contract price of $95.85 million.

Fannie Mae didn’t respond to a request for more informatio­n.

A spokespers­on for Madison Title Agency told the Asbury Park Press: “Madison Title has not been accused of any wrongdoing, and we are proud of our record of trustworth­iness and integrity. We remain steadfast in our commitment to transparen­cy, telling our story and addressing any concerns.”

In another instance, Drillman and his partners in 2020 bought Troy Technology Park in Troy, Michigan, for $42.7 million, before presenting the lender with a fraudulent purchase and sale contract for $70 million, the Department of Justice said.

To justify that price, Drillman and his co-conspirato­rs presented the lender and an appraiser a fraudulent letter of intent from another party seeking to purchase the property for $68.8 million, the Justice Department said.

Riverside Abstract performed two closings for the technology park, one for the seller with the actual sales price of $42.7 million and one for the lender with the inflated sales price of $70 million, the complaint said.

A person who answered the phone at Riverside’s office in Brooklyn declined to comment. The Real Deal reported that executives reached a tentative deal to sell the company to Avery Eisenreich, who owns a chain of nursing homes.

Drillman pleaded guilty to one count to commit wire fraud affecting a financial institutio­n. He is scheduled to be sentenced on April 16 and faces a maximum penalty of five years in prison.

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