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Commonwealth of Massachusetts

NO. BD-2006-041

IN RE: KEVIN F. CAREY

S.J.C. Judgment of Disbarment entered by Justice Ireland on October 31, 2006.1

SUMMARY2

This matter came before the Court on the respondentís affidavit of resignation pursuant to S.J.C. Rule 4:01, ß15. The respondent was temporarily suspended effective May 26, 2006. The respondent admitted in his affidavit that the material facts described in bar counselís petition for temporary suspension could be proven by a preponderance of the evidence.

The disciplinary charges arose from the respondentís representation of lenders in three real estate transactions in 2004 and 2005. In each instance, the respondent acted as settlement agent for the transaction and received proceeds from the lender sufficient to fund the transaction. As settlement agent and attorney for the lender, the respondent was required to pay off prior liens as listed on the HUD-1 settlement statement and to certify title to the title insurer and the lender. In all three cases, the respondent certified title but did not pay off the prior liens. Instead, the respondent intentionally used the funding proceeds for personal or business purposes unrelated to the purposes of the loan. The respondent to date has not accounted for any of the settlement proceeds or paid the title insurer any sum towards its loss.

The respondentís intentional misrepresentations to the mortgage lender and the title insurer that the properties were free and clear of liens was in violation of Mass. R. Prof C. 8.4(c) and (h). The respondentís intentional misuse of the funds for his own personal or business expenses with the intent to deprive and actual continuing deprivation resulting is in violation of Mass. R. Prof. C. 1.15(a) and (b), and Mass. R. Prof. C. 8.4(c) and (h).

On October 16, 2006, the Board voted to recommend that the affidavit of resignation be accepted and that an order of disbarment be entered. On October 31, 2006, the Supreme Judicial Court for Suffolk County entered a judgment accepting the resignation and disbarring the respondent effective May 26, 2006, the date of the respondentís temporary suspension.

1 The complete Order of the Court is available by contacting the Clerk of the Supreme Judicial Court for Suffolk County.

2 Compiled by the Board of Bar Overseers based on the record before the Court.



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