Morrison denies civil suit’s accusations
Fayette County attorney Mark Morrison “categorically denied” all accusations in a civil suit filed against him earlier this week, but added that he understood why he was fired as an assistant prosecutor in the wake of the complaint. “I categorically deny what is in the civil suit,” Morrison said on Wednesday, adding that the complaint is civil and not criminal.
On Monday, attorneys for First American Title Insurance Co. filed a complaint in the Fayette County Prothonotary’s office against Morrison, his wife/employee Deborah DeFranks Morrison and Morrison Law Offices at 60 E. Main St., Uniontown. In the complaint, First American, a company based in the state of California that sells title insurance, alleges Morrison and DeFranks Morrison created fraudulent and forged closing letters using the company’s name and kept money that was supposed to be used to pay off a mortgage for a client.
After the complaint was filed, Fayette County District Attorney Nancy D. Vernon fired Morrison as an administrative assistant district attorney.
Morrison said he understands why Vernon terminated his employment, saying that she has to do what is best for the office. However, he added, “it would have been nice to see if something happens rather than basing it on an accusation.”
Regarding the accusation, Morrison said he has plenty of proof that there is no validity to the accusations. He said he would have to turn the information over to the malpractice carrier and let them handle it. Morrison said his private law office will remain open because the civil complaint has no effect on his license.
Whether or not Morrison will continue to keep his other county-related positions remains to be seen.
In other county functions, Morrison is a full-time member of the Fayette County Zoning Hearing Board and serves as solicitor for the Fayette County Airport Authority. The Fayette County commissioners appoint members of the ZHB and the five appointed airport authority members select their solicitor.
When contacted Wednesday, Fred Davis, chairman of the airport authority, said he had not been contacted by any board members or Morrison on the subject of Morrison’s continued employment with the authority, but he added that it likely will come up soon. “I suspect this will be a subject for discussion at a meeting,” Davis said.
Regarding his ZHB position, to which Morrison was re-appointed in January, commissioner Vincent A. Vicites was the only one of the three to comment about it on Wednesday.
Vicites said he would “probably have to talk with the county solicitor” about Morrison’s position on the ZHB. “We’ll have to look at the situation and talk about it,” Vicites said.
Fayette County Commission Chairwoman Angela M. Zimmerlink had no comment regarding Morrison. Commissioner Joseph A. Hardy III was unavailable for comment.
In the civil complaint, First American is alleging Morrison and DeFranks Morrison used falsified documents during a refinancing for George and Donna Dextras of Hopwood last August and failed to pay off a mortgage with the closing proceeds from a loan issued by another lender.
The complaint alleges that Morrison and DeFranks Morrison used the closing number of a valid transaction in making the falsified transaction.
According to the complaint, Morrison was not authorized to bind First American in any way with respect to any aspect of real estate closing that they performed or the issuance of title insurance and Morrison was not acting as an approved attorney of First American.
The complaint alleges that the Dextras refinanced their home and Morrison conducted the closing. At the time there were two outstanding mortgages, Vanderbilt Mortgage and R.E.A.L. Investments, which were to be paid using the closing proceeds from Gateway Funding at the time of the closing. However, the Dextras were notified last month that their mortgage remained outstanding in the amount of $46,615.77.
The suit alleges that Morrison and DeFranks Morrison merely continued to pay the monthly amount instead of the total payoff.
“Defendants are not able to account for the monies received from Gateway to pay off the Vanderbilt mortgage,” the suit states.
According to the suit, although Gateway has given notice of a claim under a closing protection letter and title insurance commitment issued by the defendants purportedly by First American requesting the outstanding mortgage be paid and Gateway will contend the claim should be covered by First American’s title insurance policy which should have been issued after the conclusion of the transaction, First American has no notice of the transaction involving the Dextras.
The suit alleges that First American did not issue any paperwork required for such a transaction. The complaint alleges Morrison forged a signature of fraudulent closing protection letters and title insurance commitments “with the express intention of defrauding the Dextras and Gateway.”
Morrison and DeFranks Morrison allegedly used a commitment number which had been assigned to a closing in which Mahoney and Similo purchased the former Kennedy School from Laurel Highlands School District, which is “wholly unrelated to the Dextras transaction,” the complaint states.
The complaint alleges the counts of conversion, misappropriation, interference with prospective business advantage, conspiracy and accounting. First American also filed a motion for a preliminary injunction against the Morrisons, asking that they not provide any real estate closings; cease and desist from using any documents with First American on them; and turn over all closing form documents with the words “First American” on them.
In the complaint, First American, which has an office in King of Prussia, is seeking judgment in its favor and against the defendants an in an amount “in excess of the jurisdictional limits of arbitration” along with an award of all fees and costs incurred in the investigation of the claim as well as prosecution of the claim. Arbitration limits are $25,000.