CLERMONT, Florida—After a months-long investigation by Clermont Police Department, two men were arrested this week after scamming an elderly man out of his home and selling it late last year.
According to a probable cause affidavit, in November 2022, the victim’s niece filed an online complaint with Clermont Police Department stating she believed her uncle was a victim of foreclosure fraud and she found his house was for sale, which was impossible because he is mentally and physically impaired and was admitted to a rehabilitation facility. She also stated she and her husband had power of attorney (POA) over most of her uncle’s affairs, including real estate and financial transactions.
The woman and her husband met with a Clermont Police detective a little over a week later and provided paperwork proving they had power of attorney, in addition to medical records that noted the victim’s cognitive impairment and bank records showing charges to “Lensz Investments.” She also gave the detective a written timeline that included when she contacted the listing agent on her uncle’s home, and stated the agent provided the name, “Emmanuel Damier.” Lensz Investments is linked to Damier, the detective noted in the affidavit.
The couple explained the victim’s wife died in August 2020 and he wanted them to take care of his affairs because he was getting older and did not know how to function financially. Just four days after his wife died, and while he was of sound mind, he gave the couple POA, the affidavit states.
The victim’s niece discovered the home was in foreclosure, due to a reverse mortgage the victim’s wife took out before she died, but also found a bankruptcy filing that stopped the foreclosure proceedings. The victim’s niece did not believe the signature on the document was truly her uncle’s because it was signed more than two years after giving her and her husband POA, the affidavit states.
The CPD detective found that a quit claim deed was filed on July 25, 2022 that gave the home to Mc’ckol Credit Services LLC. While researching, the detective found that the registered agent of Mc’ckol Credit Services is Lyns Dayoute and found that Damier—the name given to the victim’s niece by the listing agent—is the registered agent of Lensz Investments.
CPD served the listing agent with a subpoena of her records and found the following: the seller was listed as Mc’ckol Credit Services LLC with a listing price of $315,000; a buyer was listed and a closing date set for Dec. 5, 2022.
The detective met with the elderly victim, who admitted he had memory issues, and showed him paperwork that allegedly contained his signature. The victim said some of the signatures looked accurate but was “adamant” others were not his actual signature. The detective showed him the quit claim deed and explained the document is used to give away property. The victim asked, “Why would anyone want to do that?” The detective continued to explain the quit claim deed on his home gave the home to Mc’ckol Credit Services. The victim seemed confused, the detective noted, and he said the signature did look like his, but he had no recollection of signing it and he did not know why he would give his house away, the affidavit states.
CPD subpoenaed the victim’s medical records from several different facilities and found his cognitive abilities were impaired from April 22, 2021, until Nov. 3, 2022; in addition to a home healthcare agency noting the victim said he was “scammed and lost a lot of money.”
Records from two title companies were subpoenaed and CPD found that the original title company would not close on the home because Mc’ckol Services refused to provide a gift affidavit stating the home was given freely and the donor was competent at the time. The detective spoke with the title company and a representative said the document was required to prevent fraud, according to the affidavit.
The Lake County Clerk of Court and Comptroller’s Office provides a Property Fraud Alert service for property owners in Lake County. According to its website, the office, “offers citizens a free Recording Notification Service via automated emails. Citizens can request monitoring of up to five different names per registered email address. When a document is recorded into the Official Records of Lake County with an identity that is being monitored, an email will automatically be sent to the provided email address.” Visit Recording Notification Service (lakecountyclerk.org) to sign up.
The closing was transferred to a new title company after the first one refused and records showed the home closed on Dec. 2, 2022, and more than $93,000 was given to the seller, Mc’ckol Services. CPD interviewed Damier—the name given to him by the listing agent and the registered agent of Lensz Investments. Damier said he had an agreement with the victim that after the sale, $10,000 would go to the victim and $290,000 would go to Damier. The detective asked Damier to provide the paperwork and he reportedly got “very guarded” and refused to answer any more questions.
Dayoute—the registered agent of Mc’ckol Services—called the detective and said he is the owner of Mc’ckol Services and Damier is his business partner. He explained the proceeds of the sale would be divided between the victim, the HOA for past dues and the holder of the reverse mortgage. He agreed to meet with the detective and provide all the paperwork, according to the affidavit.
Dayoute and Damier agreed to meet with the detective at their office in Ocoee on Jan. 13. The pair claimed to be business partners and Damier said they met the victim after sending a mailer to his home. He said they went to the victim’s home and explained everything to the victim and “prepared various paperwork and obtained (the victim’s) signature on a few documents,” including a third-party authorization to obtain information from the HOA and the bank, the affidavit states.
Damier said once they obtained the information they needed, the went back to the victim so he could sign a contract. Damier and Dayoute provided a contract to the detective that was signed in pencil and not notarized. The detective questioned Damier about two charges totaling $1,650 to Lensz Investments and Damier claimed one charge was for a home inspection and one was a repayment of a loan.
CPD went back to the victim and showed him the quit claim deed; he again said he had no recollection of signing the document and also said he believed Damier was a friend of his daughter’s. The detective spoke with the victim’s daughter and she said a man named Ignacio showed up at the home with a flyer and said he knew the home was in foreclosure and he wanted to help. Her father was introduced to Damier and Dayoute and her father signed a “bunch of paperwork” to include contracts and a lease agreement. She said Damier has given her $2,500 and helped her with hotel stays, and said she did not know anything about the sale of the house.
A warrant was issued for Damier, 42, and Dayoute, 29, for grand theft, scheme to defraud and exploitation of the elderly. They turned themselves in at the Lake County Jail Tuesday, where they were both released on $60,000 bond.
The Lake County Clerk of Court and Comptroller’s Office provides a Property Fraud Alert service for property owners in Lake County. According to its website, the office, “offers citizens a free Recording Notification Service via automated emails. Citizens can request monitoring of up to five different names per registered email address. When a document is recorded into the Official Records of Lake County with an identity that is being monitored, an email will automatically be sent to the provided email address.” Visit Recording Notification Service (lakecountyclerk.org) to sign up.
