Man indicted for allegedly defrauding Placer County homeowner

The U.S. Attorney's office has indicted a Southern California man who allegedly headed up a mail fraud scheme that defrauded homeowners in Placer and Merced counties.John Marcus Desenberg, 44, formerly of Newbury Park, Calif., was arrested Monday by federal agents in Southern California.The 10-count indictment alleges two victims, one in Newcastle and another in Merced County.According to the indictment, Desenberg operated under the banner of Creative Lending Solutions, which offered a "fresh start" program that would find an investor to purchase homes from distressed homeowners. The indictment states that Creative Lending Solutions claimed it had "open lines of communication with lenders and investors that exclusively deal with homeowners facing foreclosure." With the "fresh start" program, the lender would pay off the existing foreclosure on the home and a new loan would be created in its place, according to Lauren Horwood, of the U.S. Attorney's office.Proceeds from the transaction would reportedly be used to make mortgage payments for the next 12 months, Horwood said. The homeowner could then stay living in the home and did not have to make any payments for up to 12 months while they rebuilt their credit.After that specified time period, the homeowner could then purchase back the home from the lender. The indictment states Desenberg used the U.S. Postal service to send mailings to advertise the "fresh start" program and solicit clients."When you use the post office to assist you in your fraud, we can charge you with mail fraud," Horwood said. The terms of the contract with Creative Lending Solutions indicated Desenberg would monitor the 12-month credit-repair period and ensure the investor made the mortgage payments.Desenberg did not make good on those promises, the indictment states. According to the indictment, Desenberg charged between $15,000 and $20,000 in fees for this service, which was written into the escrow contract.Horwood said it is not clear who the investors were in this case and how they benefited. She said the lenders were possibly fictitious, but that information is not listed in the indictment. The indictment does state, however, that the victims in this case ultimately lost their homes to foreclosure and about $300,000 in equity. The amount of money Desenberg made as a result of the alleged fraud was not disclosed."Mortgage fraud schemes victimize homeowners, not just mortgage lenders," said U.S. attorney Benjamin B. Wagner, in a statement. "Foreclosure rescue schemes target homeowners when they are most vulnerable. We will continue to focus on detecting and prosecuting those who perpetrate such schemes."If convicted, Desenberg faces up to 20 years in prison for each count of mail fraud, a $250,000 fine and up to three years supervised release following incarceration. As of press time, Desenberg could not be reached for comment.~ Toby Lewis