Macomb Man ordered to repay soldier for bogus home loans Soldier entrusted man to handle his finances and legal issues

By Jameson Cook The Macomb Daily MOUNT CLEMENS, Mich. (AP) -- A Macomb County judge took a tough stance against a 38-year-old man who illicitly obtained $135,000 in mortgage and equity loans on a Mount Clemens home owned by a soldier who was fighting overseas. Judge James Biernat Jr. recently ordered Mark Powell of Florida to pay Army Special Forces Sgt. Kevin Robertson $1,000 per month over five years of probation or face potential prison time. Powell previously pleaded guilty to false pretenses over $20,000, punishable by up to 10 years in prison. "I want you to make this payment," Biernat told Powell. "If you violate, you will be brought back to Michigan to do one to 10 (years in prison)." Powell would repay nearly half of what he took, under the sentencing in Macomb County Circuit Court in Mount Clemens. "It's better than nothing right now," Robertson said. "I'm just glad I have some closure to this and can move on." Robertson, 47, said the case has taken a toll on him, affecting him "physically, emotionally and financially." He entrusted Powell to handle his finances and legal issues while serving overseas. "It's a nightmare, coming back thinking you're going to get peace. I got no peace," he said. Robertson, who resides in Florida and inherited his father's two-story home in Mount Clemens in 1998, handed over his power of attorney to Powell in 2006 before leaving for Iraq and Afghanistan. Powell obtained the loans without his knowledge, and Powell went to police in 2007. After the plea, Powell in December 2008 was given a delayed sentence by circuit Judge Diane Druzinski in which the felony would be reduced to a misdemeanor if he repaid one-third of the money within 11 months. But Powell hasn't paid any money, $120,000 of it from a mortgage. "It probably would have been better to start paying restitution on day one," Biernat told Powell. The case was reassigned to Biernat, who took the bench this year, and the judge was adamant about concluding the case immediately, following multiple adjournments and a potential restitution hearing. Powell claimed some of the money was spent on improvements to Robertson's Florida home and the Mount Clemens home, although Robertson said that Powell spent no more than $5,000 in improvements on each house, and that money was taken from his bank account. Powell, during his statement to Biernat, referred to his actions as "a failed business venture between Mr. Robertson and I." Biernat responded: "You plead guilty for a factual basis to a 10-year felony. You're not telling me you perjured yourself in 2008, are you?" "No," Powell replied. Robertson reiterated outside court that Powell stole. "There was no business deal. That's nonsense," he said. "Going out and partying with his friends and his buddies on me? If you call that a business deal, go ahead." Powell, whose wife accompanied him to court Tuesday and who has four children, operates a photography business said he and his attorney, Patrick McQueeney. He has gone through financial hard times, he said. The home on Wilson Street remains locked. The mortgage company, Aurora Loan Services, based in Littleton, Colo., and Powell are in litigation in the Macomb court. Robertson, whose name remains on the mortgage, said he is trying to work out a resolution with Aurora so he can gain access to the home and rent it or reside in it part time. Robertson said he is also pursuing Powell in court in Florida for alleged acts there. Published: Wed, Jan 4, 2012