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Gilford v. State

Sufficient evidence existed to find the defendant guilty of making deliberate misstatements and misrepresentations to support her residential mortgage fraud conviction.

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Shannel Gilford appeals after a jury found her guilty of residential mortgage fraud. Gilford contends that the evidence was insufficient to support the verdict, that the trial court erred in admitting and in failing to admit certain evidence and testimony, and also that the trial court erred in failing to declare a mistrial after remarks made during the prosecutor’s closing argument. After reviewing the record, we conclude there was no error and affirm. Shannel Gilford, Andrea Johnson, and Shirlene Smith, the three co-defendants at trial, were accused of residential mortgage fraud in connection with a mortgage application. The indictment alleged that, in filling out the loan application, Smith falsely stated that none of the $13,000 down payment was borrowed. The State contended that because Smith did not have the money for the down payment, Gilford, Johnson, and Smith devised a plan whereby Gilford would give the money to Smith prior to closing, Johnson would repay Gilford, and Smith would repay Johnson.

The evidence at trial, taken in the light most favorable to support the verdict, was that Johnson and Smith were friends, and Johnson had met Gilford approximately three and a half years earlier. Gilford was working as a home loan consultant for Countrywide Home Loans when Smith applied to Countrywide for a residential home loan. Countrywide turned down the loan, however, because of Smith’s debt-to-income ratio and insufficient funds to close.

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