Former Myrtle Beach area real estate agent in trouble over unpaid restitution

07/02/2014 4:02 PM

07/02/2014 4:03 PM

A former Myrtle Beach real estate agent who negotiated a plea deal that put him in jail for just one day in a six-figure mortgage fraud case here is in trouble again for failing to pay back the bank that was caught up in the scheme.

Kevin Mayberry must appear in federal court in Florence on July 23 to explain why he has failed for more than half a year to make the $500 monthly restitution payments that were part of his sentencing in September.

Mayberry, who is on supervised release, pleaded guilty to conspiracy to make false statements. He owes $505,924 to PNC Bank, which gave a mortgage loan for the home involved in the fraud scheme. At $500 per month, it would take Mayberry more than 84 years to pay off the debt.

The U.S. Probation Office notified court officials last month that Mayberry has failed to make any restitution payments or pay a $100 court assessment that is owed.

Russell Mace, Mayberry’s lawyer, could not be reached for comment Wednesday.

Mayberry failed to disclose on real estate closing documents a $100,000 payment he received for the sale of a home on March 11, 2008, according to court documents. PNC Bank was not aware of the payment, which was made from mortgage loan proceeds.

The charge carried a maximum five year prison sentence, but Harwell sentenced Mayberry to one day in confinement. Mayberry also was ordered to spend six months in a residential re-entry facility, or halfway home, and another six months on home confinement with electronic monitoring.

Mayberry is listed as an inactive real estate salesman with the S.C. Department of Labor, Licensing and Regulation. His sales license expired in June, according to the agency’s online database.

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