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United States v. Georgeson

United States District Court, D. Arizona

December 20, 2019

United States of America, Plaintiff,
v.
Christopher R. Georgeson, Defendant.

          ORDER

          HONORABLE ROSLYN O. SILVER, SENIOR UNITED STATES DISTRICT JUDGE

         On October 29, 2019, the Court called for supplemental briefing regarding who is entitled to the restitution paid by Defendant Christopher R. Georgeson. (Doc. 6). SRP 2013-4 LLC (“SRP”) and the United States filed that briefing but they continue to disagree on almost every legal issue. (Doc. 6). Because the limited factual record does not allow for a decision, the Court will not disburse the restitution payments until SRP and the United States present additional information or represent that no further information is available.

         BACKGROUND

         The parties have now presented a more developed version of the relevant facts but there are still crucial pieces missing. Thus, the following is based on the limited information the parties have offered as well as matters of public record.

         On November 21, 2006, Georgeson and American Home Mortgage executed a promissory note in connection with Georgeson purchasing real property. On an unidentified date prior to 2010, American Home Mortgage assigned the promissory note to GMAC Mortgage, LLC. That assignment stated, in full,

PAY TO THE ORDER OF
GMAC Mortgage, LLC
Without Recourse
By: American Home Mortgage

(Doc. 3 at 11). Based on that assignment, as of 2010 GMAC was the owner of the note and entitled to all payments made by Georgeson.

         In 2010, Georgeson pleaded guilty to wire fraud in connection with the origination of the promissory note. As a result of that plea, and pursuant to 18 U.S.C. § 3663A which made restitution mandatory, Georgeson was ordered to pay $103, 356.64 in restitution. The criminal judgment identified the payee of that restitution as:

GMAC Mortgage
Attn: Legal Department
Loan #s: 359426771
and 359426769

(Doc. 3 at 7). The loan identified as Loan #359426771 was the promissory note referenced above. At the time of sentencing, that loan represented a loss amount of $48, 749.42. The loan identified as Loan #359426769 was for an entirely separate loan. The parties have not provided any information regarding the origination of that other loan but the record from Georgeson's criminal prosecution ...


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