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Misdeeds 

An investor finds that he has been swindled, and that the schemer was aided by a mortgage industry lacking oversight.

Wednesday, Aug 5 2009
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Page 5 of 5

The woman on the other end of the phone had no suggestions. Narraway flipped his phone shut and explained: "It's a legal matter — separation of legislative from legal, so they can't do anything."

He didn't seem surprised. Same walls he had been hitting all week, he said.

When Narraway first discovered that he may have been a victim of mortgage fraud, his first instinct was to sue everyone. He sued McConville, he sued Stewart Title — he even thought about suing some of the notaries who he claims processed his loan documents incorrectly. But notaries are required by the state only to have $15,000 to cover their liabilities, which is the first month of lawyer fees right there, Narraway says. And after paying more than $60,000 to lawyers already, he says that's out of the question.

With his funds drying up, Narraway has started seeking help from government agencies. But so far, he hasn't had much luck. He contacted Ken McCormick, the deputy district attorney in Contra Costa County, about investigating McConville. McCormick responded in a letter: "These are times of dwindling resources, and I am not going to waste the resources of this office when the FBI have taken the lead in this matter." The FBI says it can neither confirm nor deny this investigation.

Narraway said he was livid. "If I went into a bank and stole $150,000, I bet they would be after me quicker than you can say, 'Fuck off, Jim McConville,'" he says.

Roughly three weeks after filing a claim with Stewart Title, the insurance company named on his deed of trust for the Bay Point property, Narraway received a response from a Stewart representative: "The issue of fraud or forgery would fall under the coverage of title insurance," the letter read. But "in review of the escrow file, I see that the title insurance was actually handled and issued through New Century Title." Three years ago, New Century Title went under and was eventually taken over by Fidelity. Narraway says that a representative from Fidelity told him it has no record of his file.

Narraway filed a complaint about Stewart Title with the California Department of Insurance, which is responsible for handling complaints against title companies. The inspector on the case is looking into whether the company has broken rules in the state's insurance statute; otherwise it cannot take action.


When Narraway contacted the Office of the Comptroller of the Currency — which regulates the national banks — with a complaint about Wells Fargo, he received a letter a few weeks later stating that it had passed the information to the Federal Trade Commission because it wasn't Wells Fargo that should be investigated. When he contacted the Comptroller to ask why and on whose authority, Narraway said a representative told him the decision was based on a letter from Wells Fargo. So Narraway filed a request to see that letter under the Freedom of Information Act. A few weeks later, he learned that his request had been denied.

Despite the obstructions, Narraway still wants the responsible parties to be held accountable, especially as holes in the records continue to appear. He claimed his recent visit to the Contra Costa County Clerk-Recorder's Office revealed that Wells Fargo had failed to file an important document that would have given it the right to foreclose on the Bay Point property.

But he said it isn't easy to keep fighting, knowing that McConville and everyone who profited from his alleged frauds are still walking around out there — probably not so far away.

At the end of this month, Narraway may even be forced to watch as Red Velvet, the slasher film McConville and his family helped produce, comes out on DVD. He has already watched the accompanying music video, which features McConville himself in one scene as a coach training his students the correct way to stab someone in the back.

About The Author

Anna McCarthy

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