Georgia Department of Law, from the office of Samuel S. Olens, Attorney General


Father and Son Indicted for Mortgage Fraud in DeKalb County

February 22, 2011

A DeKalb County Grand Jury returned a four count indictment today against Marshall C. Ezell, Jr. and Marshall C. Ezell, III for making false statements during the mortgage lending process. The indictment alleges that Ezell, III sold a residential property to his father, Ezell, Jr. on December 19, 2005. The buyer, who received 100% financing for the $630,000 sale, allegedly made several misstatements on his loan application, including that the property would be his primary residence, that the cash value of his checking account was $686,524 and that his monthly income was higher than it actually was. Additionally, the seller transferred $226,000 back to the buyer on the day after closing.

Ezell Jr. and Ezell, III were indicted for four counts of Residential Mortgage Fraud, felonies punishable by one to ten years imprisonment and/or a fine of up to $5,000 for each count, for allegedly making misstatements and misrepresentations during the mortgage lending process (O.C.G.A. § 16-8-102).

Assistant Attorney General Laura D. Pfister is prosecuting the case on behalf of the State of Georgia. Pfister presented the case to the DeKalb County Grand Jury on February 22, 2011, and the Grand Jury returned the indictments today in DeKalb County Superior Court.

Members of the public should keep in mind that indictments contain only allegations against the individual(s) against whom the indictment is sought. A defendant is presumed innocent until proven guilty, and it will be the government’s burden at trial to prove the defendant guilty beyond a reasonable doubt of the allegations contained in the indictment.