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Father, son face several mortgage lending fraud charges

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Updated: 10/16/2013 2:36 pm
LAS VEGAS (KSNV MyNews3.com) – A Clark County grand jury indicted a father and son on several counts of mortgage lending fraud, deceit and theft.

James Timothy Malis, 66, and Nicholas Malis, 37, both of Las Vegas, are charged with five counts of mortgage lending fraud; two counts of theft in the amount of $650 or more against a person 60 years of age or older; two counts of theft in the amount of $3,500 or more against a person 60 years of age or older; and one count each of theft in the amount of $2,500 or more; theft in the amount of $3,500 or more; pattern of mortgage lending fraud; conspiracy to commit mortgage lending fraud; and multiple transactions involving fraud and deceit in the course of enterprise or occupation.

According to a news release from the Nevada attorney general's office, Nicholas and James Malis -- operating under the name Home Defense Foundation and Legacy Group International -- allegedly pushed a “qualified written request” and “real estate mortgage investment conduit investigation” service promising clients this service would uncover various violations, including the Real Estate Settlement Procedures Act, the Truth in Lending Act, the Fair Credit Reporting Act and/or the Fair Debts Collections Practices Act.

The pair allegedly claimed that upon uncovering these violations clients would be entitled to a legal remedy resulting in either a reduction of their loan to the current market value and to the current market interest rate or an award of damages.

Both allegedly claimed that HDF and LG were affiliated with a “network of attorneys” that would represent clients in either an individual lawsuit or in a multi-joinder plaintiff lawsuit against clients’ lenders.

The pair allegedly charged $4,995 up front for the “service products” but failed to deliver the promised services or results.

Also indicted was a man shot by police after brandishing a pellet gun that looked like a semi-automatic compact handgun.

Miguel Alejandro Martinez, 30, was arrested May 16 after he was accused of shooting his roommate at a residence near Bruce and Charleston.

Martinez was charged with three counts of assault with a deadly weapon; two counts of carrying a concealed firearm or other deadly weapon; and one count each of battery with use of a deadly weapon; resisting a public officer with use of a firearm; and possession of a firearm by an ex-felon.

Bail was set at $130,000. Martinez is scheduled to return to court at 9:30 a.m. Oct. 23.
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