Legal battles involving real estate and big money usually end in one of two ways: a quiet settlement or a loud gavel. But lately, things have taken a sharp turn in Georgia. If you’ve been following the local blotter, you might have seen headlines about Gwinnett County mortgage theft charges dismissed, and honestly, it’s left a lot of people scratching their heads. How does someone get accused of running off with thousands of dollars, only to walk out of the Gwinnett County Jail a few weeks later with the charges gone?
It’s not usually because of some "get out of jail free" card. Most of the time, it’s because the line between a bad business deal and a felony crime is a lot thinner than the police want to admit.
The Angelo Moe Case: A Turning Point in Gwinnett
Take the case of Angelo Moe. This made waves in mid-2025. Moe, who ran a company called Hienz Incorporated, was hit with some pretty heavy accusations. We’re talking about victims from multiple states claiming they wired him massive sums—one for $80,000—for real estate deals that just... vanished.
Police initially painted him as a fake mortgage broker using an inactive license to swindle folks. They even noted he had people wiring money to his personal Navy Federal account. Sounds like an open-and-shut case, right?
Well, not exactly.
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By June 2025, a Gwinnett magistrate judge looked at the evidence and tossed several of the theft charges. Why? Because the lead detective couldn't actually explain the contract. When the defense attorney, Marc Pilgrim, started digging into the details, the prosecution’s narrative hit a wall. If there’s a written agreement and the detective can’t say what’s in it, a judge isn't going to let a criminal charge stick. Basically, if the "theft" is actually just a dispute over a contract, it’s a civil matter, not a police matter.
Why "Theft" Often Becomes a Civil Dispute
In Georgia, "Theft by Deception" requires the state to prove you intended to rob someone from the start. But here is the kicker: you can't be convicted of theft by deception for a "false promise of future performance."
- Criminal: I tell you I own a house I don't own, take your money, and run.
- Civil: I promise to get you a loan by next month, you pay me a fee, and I fail to get the loan.
In many of these Gwinnett County mortgage theft charges dismissed scenarios, the defense argues that the defendant actually tried to do the work. Maybe they were a middleman. Maybe the "hard money" lender backed out. If the defendant can show they were actually working—even if they were bad at it—the "criminal intent" disappears.
You’ve got to feel for the victims, though. One woman, Latoya Skinners, reportedly lost $8,000 and was told she wasn't getting a dime back because those were "fees." From a victim's perspective, that feels like a heist. From a legal perspective, if a contract says those fees are non-refundable, the police are often powerless to step in.
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The Role of Evidence (or Lack Thereof)
Another reason we see these dismissals is the quality of the investigation. In the Moe case, the detective alluded to a written agreement but couldn't articulate the terms during the hearing.
Courts in Gwinnett are busy. Judges don't have time for vague accusations. If the state can't produce a "smoking gun" that shows the money was spent on a Vegas trip instead of business expenses, a defense lawyer is going to jump all over that.
New Georgia Laws: HB 1292 and HB 15
It’s worth noting that the landscape is changing. As of January 1, 2025, Georgia implemented HB 1292. This law was a direct response to the massive rise in "deed theft" and fraudulent filings. You can’t just walk into a courthouse and file a deed anonymously anymore; you have to do it electronically and prove who you are.
Then there’s HB 15, which kicked in July 2025. This one is a bit of a double-edged sword. It actually relaxed some of the old rules that banned anyone with a felony from working in the mortgage industry. Now, unless the felony was for something like fraud or money laundering (a "disqualifying crime"), you can get back into the game after seven years.
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What to Do if You’re Caught in a Mortgage Dispute
If you feel like you’ve been scammed, or if you’re a professional facing charges, the steps you take in the first 48 hours are everything.
- Stop Talking to Investigators: This isn't like the movies. You can’t talk your way out of a mortgage theft charge. Anything you say about "intending to pay them back" is basically a confession that you took the money.
- Audit the Paperwork: Find every email, text, and signed contract. In Gwinnett, cases live and die by the "Claim of Right." If you can prove you had a contractual right to those funds, the criminal case usually falls apart.
- Check the NMLS: If you’re a consumer, always verify a broker’s license through the Nationwide Mortgage Licensing System. Many of these dismissed cases involve individuals using inactive or borrowed numbers.
- File in Civil Court: If the District Attorney won't pick up the case because it’s "civil," don't give up. A civil judgment can still lead to asset seizures or liens, even if no one goes to jail.
The reality of Gwinnett County mortgage theft charges dismissed isn't that the "bad guys" are winning. It's that the law is incredibly specific about what constitutes a crime. Without proof of intent and a clear violation of existing facts—not just broken promises—the handcuffs usually come off.
Next Steps: If you are currently involved in a real estate transaction in Gwinnett County that feels "off," your first move should be to pull the filing records through the Filing Activity Notification System (FANS). This will tell you if any unauthorized liens or deeds have been recorded against your property before a dispute turns into a legal nightmare.