19
DAVID GREGORY HERB signed and caused to be signed a HUD-1 Settlement
Statement for 15 Oxford Court that falsely represented that the buyer had received gifts
of $18,600 and $3,900 to purchase that home, when in fact, the seller, defendant
GARLAND, had secretly funded the advances to the buyer.
41. On or about December 19, 1997, defendants PHILIP GARLAND and
DAVID GREGORY HERB signed and caused to be signed an Addendum to HUD-1
Settlement Statement that failed to disclose that the seller had advanced to the buyer
$22,500 to purchase 15 Oxford Court.
42. On or about December 19, 1997, defendant DAVID GREGORY HERB
represented to buyer J.E., Jr., that defendant HERB had forgotten to include the
Continental Home Charities’ gift in the note, and that he needed to add that sum to the
Promissory Note or he would not receive a commission on the transaction.
43. On or about December 19, 1997, J.E., Jr. signed a promissory note
payable to defendant PHILIP GARLAND for $22,500, at 10.9 percent interest, which
obligation was not disclosed on HUD-1 Settlement Statement.
44. On or about December 22, 1997, defendant DAVID GREGORY HERB
provided the buyer with an amortization schedule for his additional $22,500 secret loan
from defendant PHILIP GARLAND.
45. On or about December 28, 1999, defendants PHILIP GARLAND and
JUDY GEMMILL caused J.E., Jr. to sign a new promissory note dated November 30,
1999, for $15,147.64, at 10.9 percent interest, payable in monthly installments of
$427.11 to defendant GARLAND. The note was also signed by defendants GARLAND
and GEMMILL, the latter of whom also notarized the note. To secure the note,
defendant RICHARD MYFORD had the buyer assign title to two cars to defendant
MYFORD.
46. On or before January 26, 2000, J.E., Jr., defendants PHILIP GARLAND,