San Jose CA broker linked to FRAUD claims over $2 million

I was driving by the East Side of San Jose when I realized that the Century 21 Su Casa sign was already taken down (I may be a little behind noticing this) but the sign for the so called “Real Estate Academy” is still there. Could it be that Bic Pho’s Apprentice Enterprise is still in business? I don’t know. So I decided to look up for an update on Pho’s legal situation.

[Update 6/24/2008]: Major (former) Su Casa agent arrested in San Jose

On my previous post I gave you a brief explanation about what many people in San Jose, mainly in the East Side of San Jose, were talking about regarding the involvement of Bic Pho, Century 21 Su Casa, Mariposa Mortgage and other companies brokered by Bic Pho, in numerous alleged fraudulent real estate transactions.

According to the Mercury News article (also found at TheRealEstateBloggers.com), State regulators are currently trying to revoke Bic Pho’s license. Pho is in trouble over $2,018,000 million dollars in loans that were part of a scheme to deceive and make misrepresentations to the buyers and the mortgage lenders. The parties involved in these schemes were Bic Pho; his numerous companies like Mariposa Mortgage, and his agents, one of them being Mark Dwelle (read my previous post for a list of Pho’s other companies).

Some of the mortgage lenders that were targeted by Pho, his companies and Mark Dwelle were New Century Mortgage, Ownit Mortgage Solutions, Opteum Financial Services and Long Beach Mortgage (according the real estate department).

Anyone who has filed a real estate fraud complaint against any agent is encouraged to update his/her contact information with the Real Estate Fraud Unit’s Paralegal, Carol Vega (408) 792-2639.

Latino home buyers, which were the company’s main target for business, hit the company with lawsuits accusing them of falsifying their loans applications, providing them misleading information about the true cost of subprime loans and of course failing to translate documents into Spanish. Now most, if not all of them are facing foreclosure.

Jack Van Zandt asks in this blog: “It’s easy to apportion blame to greedy, unscrupulous lenders and real estate agents, but is that the whole story?…Did we buy into an image of home ownership as sitting comfortably in an investment that will continue to increase in value over time, thereby justifying the too-high price that may have been paid in an apparent white-hot market in the first place? Have we turned a blind eye to bad business practices and an over inflated market by being willing participants in the process? Haven’t we empowered those greedy companies and agents just a little bit?”

I agree with Jack Zandt to an extent with his reasoning. It is true that greedy consumers, companies and agents are the main parties to blame but in this case it is a little more complicated because non-English speaking families were involved.

I am not saying that they were all innocent. I am sure some of them knew what they were doing but went along with it. What I am saying is this. The MAJORITY of them were “brain washed” to believe the real estate hype with thousands, perhaps millions of dollars in mind. Why? Because the people providing these families with the make believe information were the greedy companies and agents.

One of the biggest obstacles the Latino community faces, besides the language barrier, is the existence of limited amount of information available and the accessibility to such information.

**If anybody has an update to this story, please feel free to leave a comment with the source of the information**

Comments

46 Responses to “San Jose CA broker linked to FRAUD claims over $2 million”

  1. tim lee on August 27th, 2007 10:35 am

    Any update on what is happening with Bic Pho and the scams that he was running?

  2. Ney on August 29th, 2007 11:53 am

    Tim,
    As far as I am aware, there is no updates on what is happening or what will happen to Bic Pho, the agents involved in the scams from Century 21 Su Casa and the loan officer/agents from Mariposa Mortgage and the many other companies belonging to Bic Pho.

    The one thing I can tell you is that according to an attorney I spoke to, victims of Century 21 Su Casa will have a very hard time collecting any money since this franchisee has claimed bankruptcy and there are tons of other lawsuits pending against this company. The attorney said, victims may have a better chance by suing the agents involved in the scams rather than the company. Disclaimer: I am not an attorney therefore you should consult with one for legal advice.

  3. tim lee on September 6th, 2007 1:58 pm

    Well, I hope that the victims can get some compensation. Hopefully the scammers won’t be able to walk away with no penalty. I heard that 2 of his agents just got convicted of fraud. I hope they get this other agent Neri or something, he ran off to Mexico I think. Looks like if the law doesn’t move fast enough, everyone will be gone..

  4. Ney on September 11th, 2007 11:30 am

    Yeah, we all hope they will get what they deserve but many of these agents from C21 Su Casa left and are now working for other brokers. I know of one agent that left Century 21 Su Casa and is now working in a new company but still doing shady business in the Latino community here in San Jose. Who knows how many of these rats are still out there doing the same thing.

  5. Fraud scheme in San Jose from Norma Valdovinos on November 16th, 2007 2:30 pm

    [...] they could not afford. These stories look very similar to the ones covered on my previous post about Bic Pho, Century 21 Su Casa and all the other companies he [...]

  6. Were You a Victim of Real Estate / Mortgage Fraud in San Jose / Bay Area? Get Help Here on January 11th, 2008 8:51 am

    [...] a mortgage broker teamed up to literally rob money from the homeowners like the publicized cases of Bic Pho and Felipe Neri both from Century 21 Su Casa (now bankrupt but the owner and affiliates still operating with different companies’ names) and [...]

  7. Christian Neri on January 21st, 2008 3:44 pm

    My brother made tons of money

  8. Thomas Nguyen on April 7th, 2008 5:52 pm

    I just don’t understand, if they scammed the victims like me, why is she still working for another real estate company. Don’t they do background check?

  9. Ney on April 7th, 2008 6:58 pm

    Thomas,
    As you may know “everyone is presumed to be innocent until proven guilty” even though you and the rest of the families that are loosing their homes may have a completely different point of view on these agents.

    Unfortunately for others, the investigations take some time and until then, they are all free to roam the streets and keep doing “their” business as if nothing had happened.

    If you were a victim of real estate or mortgage fraud, you should contact the necessary authorities for investigation. Here is the link to that page:

    http://sccrealestateuncensored.com/2008/real-estate-mortgage-fraud-victim/

  10. mindy on May 7th, 2008 6:45 pm

    Most of the complaints theses “victims” are making are about the type of loan and the payments etc.. I haven’t heard anyone complain about the home itself. It’s ridiculous to accuse the agent of mortgage fraud. It’s two different things unless the agent was the loan officer as well. In the case of Norma Valdovinos, she is not or ever has been a loan officer. If there was fraud commited on the sale of the home, it would be able to be proved through the escrow records. If she has not been convicted, it is because there is nothing to convict her of. The actions of the loan officer are not the actions of the agent. In the case of Felipe Neri, (agent in Su Casa, Bic Pho’s Company) he was actually working with an in house mortgage company (also Bic Pho’s company) and
    keeping monies for himself. The reason why he “ran off” is because there was actual proof that fraud was commited, and is looking at time in prison if he is found. Norma Valdovinos is still active as an agent because she has not “scammed” anyone and all of her actions are acounted for. If she had something to hide, I don’t think she would still be active and employed.

    I believe that in this market people are desperate and looking for someone to blame. Since the agent is the “face” they get blamed for everything. Most “victims” are looking for a quick buck because they are afraid of the situation. Many “victims” have been brain washed by newbie attorneys who promise them big bucks!

    It’s easy to blame and point the finger, but it’s funny how most of the finger pointers are other agents. Norma Valdovinos has been at the top for many years and it’s totally expected for other agents to want to slander her name.

  11. Cristian Neri on May 16th, 2008 1:34 pm

    Norma valdovinos Ripped off alot of fsmilies she is just like Gloria Alvarez. They are best friends

  12. Ney on May 22nd, 2008 2:54 pm

    Mindy,
    The real estate agent not necessarily has to be the loan officer and a bad agent as well. I have seen many, many cases of agents acting as loan officer and agents pairing up with loan officers that committed real estate fraud by either over qualifying their clients, falsifying documents, overcharging for their services, etc, etc, etc.

    The case for Bic Pho, Felipe Neri, Gloria Alvarez and everyone else that is involved in that huge lawsuit against Century 21 Su Casa is kind of special since they did it at such a large scale where they hurt so many families according to the lawsuit and reports.

    According to the reports of the lawsuit against Norma Valdovinos, many of the complaints were made because Norma Valdovinos would find Hispanic families and offer to help them buy a home with a very low monthly payment. Norma then would refer these families that had almost no knowledge about the home buying process, to Linda Tran. Linda then would act as the loan officer on these transactions and she would put them on Options Arm loans combined with Helocs and in many, many cases she would include a private loan from an investor that according to the reports charged outrageous interests and fees. So as you see, Norma Valdovinos, Linda Tran and Pablo Curiel (private investor) are not related at all, they don’t work for the same company but according to the lawsuit, they took advantage from the lack of knowledge of these families.

    Now, don’t get me wrong….I can almost be sure that some of the families might have known what they were doing and might have thought that they could make a lot of money, but people without experience always tend to follow the advice of people they think are “professionals” and know what they are doing. So whose advice do you think they were following when they were promised a rapid return on their investment by buying a home in the way they did?

    If you read this post:
    http://sccrealestateuncensored.com/fraude-century21-norma-valdovinos/
    there is a link that shows you the news report done by Univision and on this video they explain that the proof is also on the documents, as you mention.

    The reason why many real estate fraud lawsuits and investigations may not be solved right away is not because one or another party is innocent but because investigations take time so “only time will tell.” In the mean time agents that may have committed fraud could probably still work without the public ever knowing about these allegations.

    The fact that Norma Valdovinos has been the top seller for her company has nothing to do with the allegations of fraud. If you look at this article, Felipe Neri was one of their top agents as well, so what does that say about Felipe Neri? That he was an honest agent? I don’t think so. I am not accusing Norma of anything because we are all innocent until proven guilty but you can find public information about the lawsuit against her.

    The market we are in right now is a very different market than the one we were few years back and because so many families are loosing their homes, lawyers are salivating at the possibility of potential clients; many with legit complaints and many looking for a way to dump the responsibility of their actions on somebody else.

    However, real estate agents and loan officers know all the “ins and outs” of financial tools like the various types of mortgages available. So ANY agent or loan officer that claims putting a homebuyer into an Option Arm, a Heloc and a private loan ALL in the same property simply because they think they are doing their “best” to put them into a home, I think that is dishonest.

  13. Wit Ness on June 3rd, 2008 4:29 pm

    Gents:
    Bic Pho had a band and these rats knew perfectly well what they were doing.
    The money is still there, just follow these names:
    Pete H. Flores, Eliazar Hernandez, Felipe Neri, Gloria Alvares, Phuong Buy, Celida Marrujo, (Pho’s “wife”) Bac Pho, Cindy Huynh, Jorge Moreno, Martin Hernandez and Didi Pho. Everybody knew what was going on and they are hidding not too discretely. These people are still selling and they all should be in jail. Report to SCCAOR and DRE somebody has to do something.

  14. Ney on June 4th, 2008 5:28 pm

    Wit Ness (very clever)
    The stories that I heard from people that left Century 21 Su Casa because of the shady deals they were doing agree with your comment. The people involved knew what they were doing but because they were getting paid high commissions, they did not care. They were looking out for their own best interest rather than their client’s.

    As I mentioned earlier, the agents that were involved in fraudulent deals and were reported to the DRE and/or SCCAOR may still be working (or should I say stealing) because investigations take time.

    If you feel you were a victim or real estate fraud or mortgage fraud, read the post in the following link that will tell you where to go and wha forms you need to file a complaint.
    Were You a Victim of Real Estate or Mortgage Fraud?

  15. mi casa on June 19th, 2008 8:54 pm

    Apparently Gloria Alvarez is in jail, With a Million Dollars Bail…She’s 1st, but probably not last. Hopefully, there’s about to be a Su Casa reunion in San Quentin.

    http://www.mercurynews.com/breakingnews/ci_9640203

  16. Ney on June 20th, 2008 9:08 am

    “Mi Casa”

    Thank you for the update.
    We all are hoping for that reunion, maybe they can sing Kumbaya while they sit in a cold jail cell.

  17. MEtoo on June 20th, 2008 4:54 pm

    The agent Phuong Bui used to show her “I dare you” big shot ugly face in large billboards in East San Jose alleging that she can help you buy a house with no money down. That claim of no money down in itself is a form of admission that she would do anything to get her commision and tie you to a loan that you may not not qualify. She should go to jail, somebody should look into her transactions. Last I heard she owns a real estate office and was calling ex-Su Casa and other agents to join her. This is unfortunate. She is still out instead of being in jail.

  18. Lisa on June 24th, 2008 6:13 am

    Geraldine Nunez. She also worked for Bic Pho. She was an alleged top seller, but most of her record sales ended up in foreclosure, sometimes within months. Wonder why she’s not on the radar. Go to the http://www.dre.ca.gov website or http://www2.dre.ca.gov/PublicASP/pplinfo.asp?start=1

  19. Lisa on June 24th, 2008 9:02 am

    Geraldine Nunez (all the homes that she had bragged about selling on her website….look what happened to them…this is the list I compiled last year…I’m sure there are more) I have access to title searches and to the MLS….

    92 Harriet (in process of short sale)
    3167 Arcola (foreclosure and listed)
    3327 Sylvan (Bank owned_
    3025 Three Springs (foreclosure)
    4020 Soelro (foreclosure)
    8540 Delta Gilroy, CA (Listed & a Foreclosure)
    136 Cragmont (LISTED AND A SHORT SALE)
    1530 Hillview (foreclosure)
    816 Madera (foreclosure)
    415 Gridley (bank owned)

  20. Ney on June 24th, 2008 9:14 am

    MEtoo,
    Phuong Bui from Century 21 Su Casa is another agent who was also sued according to the San Jose Business Journal.
    Sometimes when an agent has a popular name like “Phuong Bui,” they use alliases for business purposes and it gets a little difficult to verify their license status. I checked with the Department of Real Estate and Phuong Bui’s license 01327921 was revoked on 1/2/2008. According to a DRE employee the accusations and findings were:
    -Making substancial misrepresentation
    -Fraud or dishonest dealings with license capacity
    -Fraud or dishonest dealings as principal
    And the accusations by the Department of Real Estate against Mark Dwelle are:
    -Making substancial misrepresentation
    -Continuing sales misrepresenting
    -Negligence or incompetence in performing license activity
    But Mark Dwelle still has a working real estate license; since the investigation is still on going
    ALWAYS when you contact a real estate agent, ask for their full name and their license number, then match it against the California Department of Real Estate public license search>.

  21. Ney on June 24th, 2008 10:11 am

    Lisa,

    Anybody can accuse anybody of anything but until proven guilty, they are presumed innocent.

    As for the whole Century21 Su Casa gang where Geraldine Nunez used to work at and proudly claims in her website that she was #1 Agent in 2004-2006 and a Grand Centurion Producer for Century 21 Su Casa in 2004-2005, they are all still being investigated. Although the DRE has already revoked some licenses.

    The agents that were involved in the Century 21 Su Casa debacle are currently being investigated. You can see it by looking at the notation by the number of “H-10082” on their license comments, followed by “SF” which I believe is just noting that it is the SF office investigating them.

    According to the DRE “These comments, in most cases, describe either a pending or final action taken against a licensee pursuant to the Business & Professions Code and/or the Administrative Procedure Act

  22. Former Century 21 Su Casa Agent arrested in San Jose California - Real Estate on June 24th, 2008 3:18 pm

    [...] for a settlement on a civil suit as reported by the San Jose Mercury News last Thursday (thanks to this comment for the update).   During the “hot and booming” days of the real estate market, Alvarez was one of the top [...]

  23. Lisa on June 24th, 2008 9:54 pm

    I agree whole heartedly, innocent until proven guilty. Geraldine Nunez must just be one unlucky agent. Attracts the bad clients. 16 out of the 30 sales she had when she was “hot” went into foreclosure. It could be more, I just didn’t want to go through the entire histories of her sales. Tell me Ney, have more than half of your clients gone into foreclosure? I have a feeling that you haven’t been so unlucky to have such bad clients.

    Here’s her website.

    http://www.geraldinenunez.com/soldlistings.html

    3167 Arcola (foreclosure and listed)
    > 3327 Sylvan (Bank owned_
    > 3025 Three Springs (foreclosure)
    > 4020 Soelro (foreclosure)
    > 8540 Delta Gilroy, CA (Listed & a Foreclosure) (she owned it for a short period and sold it to the client that lost it in foreclosure)
    > 136 Cragmont (LISTED AND A SHORT SALE)(she owned it, sold it in a short time and sold it to the client that went into foreclosure)
    > 1530 Hillview (foreclosure)
    > 816 Madera (foreclosure)
    > 415 Gridley (bank owned)
    Newer one’s not listed
    3291 Curling Court (bank owned)
    2549 Butch Drive (bank owned)
    1392 Mantelli, Gilroy (bank owned)
    1390 SADDLE RACK ST #434 (bank owned)
    92 HARRIET AVE (bank owned)
    510 Ronan (bank owned)
    3554 Jasmine (bank owned)

    Please remember, innocent until proven guilty. It could also be that she’s very unlucky.

  24. Ney on June 25th, 2008 8:29 am

    Lisa,
    I know exactly what you mean and what the information you are presenting here show but I cannot really say that she is a bad or good agent until she is actually found guilty or innocent.

    I can only write about what is public information and it has actual proof. I dont have the proof that Geraldine Nunez has commited fraud, but the accusation from the DRE against her says otherwise.

    The DRE is currently investigating her along with Gloria Alvarez, Felipe Neri, Mark Dwelle, Bic Pho and about 12 other agents under the file I mentioned above “H-10082 SF”.

    You can easily obtain that information by calling the DRE and asking about the names in that investigation file.

  25. Ex Agente de Century 21 Su Casa arrestada en San Jose California - Bienes Raices on June 25th, 2008 9:00 am

    [...] en una demanda civil segun fue reportado por el San Jose Mercury News el pasado Jueves (gracias a este comentario por la notificacion).   Cuando el mercado de bienes raices estaba “bueno y caliente”, Alvarez era una de [...]

  26. Mark Dwelle on July 5th, 2008 2:41 am

    Hello Ney,

    It’s great that you are on top of these stories, but it really is a shame to not let the full investigations play out before passing judgment on me. I can only speak about my situation because that’s the one I know best about.
    Let me explain.
    1) When it comes to my situation you will notice it does not talk about me taking advantage of any clients because I have never done that to a single client. I mean NEVER EVER EVER!!
    2) My particular case has to do with a friend who was and investor and bought multiple properties. At this time in my real estate career I was pretty green and definitely working with the wrong company (that I know now)!
    3) I have never done a loan nor at the time did I have knowledge on Owner occupied and non owner occupied and what that entailed in terms of buying multiple properties. ( My negligence for not knowing enough about my craft at this time.) Hind site being 20/20.
    4) These were the first the only and the last transactions to go through the in house lender Mariposa. If not for this critical mistake in trusting certain people who I thought had me and my clients best interest at heart I would not even be mentioned in the same breath as this company and not having to defend myself.
    5) There were agents with this company doing honest work and it seemed like an awesome Ideal in being able to have a minority owned company be so successful
    But at the end of the day all associated with the name will be linked to what a few did in taking advantage of so many.

    To summarize my side of the story I made a mistake in not being more educated in my profession at the time of the situation and not making a wiser choice on who my dealings were with. I was only at the company for less than 6 months and I have prided myself on giving great customer service to every client I’ve worked with and have never yielded a single customer complaint in my career. I have been with very well respected organizations and have gone though extensive training since this situation occurred several years back I hope before you start handing out punishment in the court of public opinion you
    Will allow my situation to play out and not cast judgment or group me with others
    Who allegedly have taken advantage of others.
    In conclusion I love what I do and I do it to help people live the American dream!
    Please look in the public records where you found these articles and see if I have ever had a single customer complaint.

  27. Ney on July 9th, 2008 11:21 am

    Mark,

    Thank you for your comment and explanation but I need to clarify to you that I have not said that you are a bad unethical agent. Everything you find in these posts is already public information. I do have a list of the agents (including you) and companies under current investigation by the DRE, however I am not an attorney and I am not a judge. Therefore I say it again “everyone is presumed innocent until proven guilty.”

    It is unfortunate that you are being investigated IF in fact you had nothing to do with it. BUT what is more unfortunate is the staggering number of families that have lost their homes and money due to the negligence and greed of “Su Casa,” its affiliated companies and agents that have already been found guilty and the ones that will be found guilty.

    I know personally three agents who began their career in “Su Casa” but they left because they knew this company was “in it for the money” (according to them) and not in it to create opportunities for minorities, especially Hispanics. But I know more horror stories about former “Su Casa” agents as well.

    I dont believe that at the end of the day all (agents & companies) associated with the company will be directly linked to the fraud schemes performed there because if they are not investigated, they have a clean record. Unless of course they are being investigated!

    There is no personal judgment being passed but I can only vouch for myself. I cannot say the same about anyone else that comments on these stories. You just like anybody else are free to express your opinion on this webpage.

    Some of the records I mention on this page are from the DRE and the newspapers, what other public records would you like me to look at?

  28. Lisa on July 10th, 2008 11:47 am

    From the San Jose Mercury News
    Charges filed in mortgage scheme involving San Jose brokerage
    16 AGENTS TARGETED IN SU CASA FRAUD CASE

    And from Biz Journals

    Charges filed by California real estate commissioner against Su Casa agents

    [Message edited]

  29. Ney on July 10th, 2008 12:20 pm

    Lisa,
    As we speak I am writing a post about these news, thanks for extra news articles.

  30. Sixteen (Former) Su Casa Agents Face State Disciplinary Action & Possible Loss of License : San Jose Real Estate : My Home and My Money on July 10th, 2008 4:30 pm

    [...] In a comment by a reader named Mark Dwelle (email markdwelle@net) made on a previous post, he stated the following: “Let me explain…My particular case has to do with a friend who was and investor and bought multiple properties. At this time in my real estate career I was pretty green and definitely working with the wrong company (that I know now)!…I made a mistake in not being more educated in my profession at the time of the situation and not making a wiser choice on who my dealings were with. I was only at the company for less than 6 months and I have prided myself on giving great customer service to every client I’ve worked with and have never yielded a single customer complaint in my career….Please look in the public records where you found these articles and see if I have ever had a single customer complaint.“ [...]

  31. Einsmann on July 21st, 2008 12:31 pm

    What did Bic Pho do wrong? He is a good guy.

  32. Ney on August 4th, 2008 4:24 pm

    I have updated the information about the Su Casa agents being acused. Follow the link to the post.

    Thanks to Lisa for the update news articles.

  33. ARecentBuyer on September 26th, 2008 5:16 pm

    I was recently involved in a transaction involving Geraldine Nunez, where she acted as the seller’s agent. She did not defraud me, per say, but she has refused to forward my requests to the seller and has been making decisions herself. I would think that an agent would be obligated to forward my requests to the seller? In the midst of it all, she has been lying (misconduct basically and possibly deceit), which I have the proof for.

    Do you guys think I have a case for a complaint? Please contact me. Thanks!

  34. Ney on September 26th, 2008 6:59 pm

    ARecentBuyer,

    It is the agent’s duty and responsibility to advice you on how to proceed with the transaction but ultimately it is your decision to accept or reject any offers, concessions, and negotiations. An agent then has to honor your request as long as it is legal and ethical.

    Regarding Geraldine Nunez, here is another post where it goes a little more into detail about other accusations of alleged fraud against her.

    I cannot advice whether you should or should not file a complaint with the authorities against Geraldine Nunez. However, here is a list of the agencies you should contact to file a complaint along with the required forms.

    The Department of Real Estate urges the consumers to notify the DRE as soon as possible of any wrong doings by an agent and/or broker otherwise these people will continue to hurt our communities.

  35. ARecentBuyer on September 26th, 2008 7:37 pm

    Hello Ney, Thanks for your response. I was not clear in my post, so let me try again. I have already purchased the house, the escrow has been closed. There is a potential problem and I have been advised by my HOA that the seller may owe me a small amount. I made a request for that amount, but Nunez refuses to contact the seller about it. She is not advising me, and she can’t because she’s not my agent. She’s the seller’s agent and is telling me that “NO.” In addition, she has lied to me, at least twice.

    I suppose my final question is whether as a seller’s agent, she can make a decision herself and not even inform the seller? I have specifically asked, several times, to forward my request.

  36. ARecentBuyer on September 26th, 2008 7:41 pm

    As for lying, she simply ignored my request for two weeks and then I made a phone call to her asking why she hadn’t responded. She claimed she had called my agent and my HOA manager, but she had done neither. Instead she had simply deleted mine and my agent’s emails and chose not to respond.

  37. Ney on September 26th, 2008 8:37 pm

    ARecentBuyer,

    The agent is employed by the buyer/seller. The agent acts for and with authority from the seller therefore the agent cannot take actions or make decision without the buyer’s/seller’s consent.

    If a buyer/seller has an issue regarding an agent, it has proven some times useful to contact the broker of record. Explain the situation and ask for a resolution. Actions may also be brought against the broker because they are responsible to supervise the agent’s transactions.

    Mediation and arbitration through the Santa Clra Association of Realtors may be a good place to start. You may also want to read up about the “Real Estate Recovery Account” administered by the California Department of Real Estate funded for the purposes of helping defrauded by real estate licensees.

    I am not a lawyer therefore I cannot advice you on any legal matters regarding your situation.

  38. SCAMS/FRAUD in today’s real estate and mortgage industry : San Jose-Santa Clara County Real Estate UNCENSORED on October 10th, 2008 3:08 pm

    [...] [Update 8/7/2007]: This is my latest update on this article “San Jose CA broker linked to FRAUD claims over $2 million“  [...]

  39. Ellie on October 17th, 2008 11:51 am

    I concur with Einsmann, as I read through all these comments and news, I see nothing that Bic Pho did other than not keeping a close eye on these rats. Correct me if I’m wrong but since when is being a bad manager of people a crime? And I read about maybe 5-10 names but he had 500 agents, meaning relatively few.

  40. Ney on October 17th, 2008 11:58 am

    Ellie,

    Century 21 Su Casa insiders and the several lawsuits brought against by Century 21 (franchise) and/or buyers claim to differ.

    A broker is responsible for his agent’s actions.

  41. Please Fools on October 20th, 2008 11:26 am

    Bic is just as guilty as the rest. Ellie must not have any common sense by saying, “Correct me if I’m wrong but since when is being a bad manager of people a crime?” Well actually if your company is involved in illegal activity so are you, thats kind of how that works. If you own a sandwich shop that sells weed out of the back and you try to say you had no knowledge, your still going to be arrested.

    Bic should go down and I hope he does. I also hope Milton “Mac” McLaurin goes with him. He is a scumbag. He has screwed a lot of people and two that I know personally. Milton actually was so shady he had people evicted from there homes because he was receiving money but not paying the mortgage so the house got foreclosed on. Milton, I HOPE YOU BURN IN HELL!

  42. Two Milpitas Mortgage Brokers Convicted in $10 Million Fraud Case : San Jose-Santa Clara County Real Estate UNCENSORED on October 22nd, 2008 1:27 am

    [...] Summit Mortgage One. However, I thought it was interesting to see an apparent connection between Bic Pho, Su Casa, Norma Valdovinos, Linda Tran, Paul Curiel, Herman Covarrubias, Esperanza Valverde and Summit [...]

  43. Ellie on October 23rd, 2008 11:39 am

    That’s like saying the President of the United States is a criminal because all the criminals in this country, or that he’s a mass murderer because he’s the commander in chief and sending our troops to war. Or the pope is guilty of child molestation because… I think you get the picture. While it maybe true that brokers are responsible for agents’ actions, I don’t think that extends to crimes the agents commit. I think it refers to error and omission, similar to parents to their children. If your kid gets a DUI, should the parents get arrested too because the car is registered in their name? Look, I don’t know Mr. Pho but you all sound pretty angry for whatever reason and your comments shows that you think small and you want retribution not justice. God help us all if any of you are ever appointed judge in any capacity. I realize that this is nothing more than a gossip for small minds. I suggest you take up meditation.

  44. Ney on October 23rd, 2008 12:01 pm

    Ellie,

    Respectfully understanding your point of view I would like to ask you something.

    You do know that the Department of Real Estate has filed to revoke Bic Pho’s license right? Why do you think that is?

    I don’t think it was for good behavior.

  45. Ellie on October 23rd, 2008 12:25 pm

    Visit this site http://www.dre.ca.gov. Mr. Pho is still an active license broker. You can file a complaint against Mr. Schwarzenegger for not stopping at a red light. What’s filing a complaint have to do with being guilty? I too appreciate your opinion but did you know that there are 10,000 foreclosures A DAY in the US!? You guys think so small that you talk about this person or organization is behind it all. Geez, get a life. The real problem is ALL REALTORS need to have degrees to practice law in any capacity but they are not. They’re just a bunch of uneducated and opinionated salesman, and that’s the government’s problem. THINK BIGGER!!

  46. Ney on October 23rd, 2008 8:13 pm

    If you read all the information about the alleged cases against him, the DRE is in the process of revoking Bic Pho’s license if found guilty.

    One complaint (or running a red light once) wont get his broker’s license (or driver’s license) revoked, many and serious complaints will.

    Also, I believe the DRE is not the only one doing the investigations in theses cases.

    The foreclosures we have now were caused by many factors as I explained on this other post. There is plenty of blame to go around. However, if the perpetrators are not stopped and prevented from doing more harm what have we accomplished? Is that thinking small?

    I am not a bank CEO, I am not the investor owner of these mortgages, I am not in the Treasury Dept so what can I do? I do my part and I EDUCATE people. What are you doing to be part of the solution?

    Is that thinking small? Call it what you may but I live happy with a clear conscience knowing that I have helped people in these troubling times.

    Anyone that thinks Realtors are a bunch of uneducated salesman will have a rude awakening and the little bubble they live in busted when they encounter an uneducated crooked attorney, judge, police, doctor, priest, accountant, senator, teacher,..(Shall I continue?), etc.

    I think you and I have one thing we both agree on, there are many real estate agents that do need to be better educated. However, there are many that are very well educated and knowledgeable.

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