Man who kept overpayment now faces prison term

A Cape Girardeau man who took advantage of a real estate transaction error is now facing up to four years in prison.

Evan S. Batterton, 24, of 721 S. Sprigg St., pleaded guilty Friday to defrauding a secured creditor.

According to the probable-cause statement, Batterton had sold his deceased grandmother's home where he was living for $54,375 Aug. 6. The Lichtenegger, Weiss & Fetterhoff law firm in Jackson handled the transaction. At the time of the closing, the law firm mistakenly overpaid Batterton by $47,649, instead of the $6,726 he was due.

Batterton knew the money was actually due to the mortgage company but said nothing, said Cape Girardeau County prosecutor Morley Swingle.

Batterton even returned the next day, requesting the law firm break the intial check into five smaller-sized checks, which he subsequently cashed, Swingle said.

He wired $30,000 to a Long Beach, Calif., location and kept the rest in cash, he said.

The law firm recognized the error Aug. 25 when the mortgage company called asking for its cash, Swingle said.

Swingle said the law firm was liable for the payment.

According to the probable-cause statement, Batterton was contacted by the law firm requesting the return of the money, which he promised to do Aug. 28. Batterton never returned the money and, when contacted by a Cape Girardeau County Sheriff's deputy Sept. 14, denied knowledge of an outstanding mortgage on the property, denied receiving certified mail from the mortgage company regarding the error and said he had retained an attorney.

The new owner of the property told authorities that Batterton had been aware there was a mortage on the property prior to the sale, the report said, and that he was selling the house because it was in foreclosure.

At that time, Batterton told the new owner he expected to make about $6,000 on the sale of the property, he said. Batterton even postponed the transaction until his divorce was finalized, the owner told police.

Batterton's sentence hearing is scheduled for March 2.

carel@semissourian.com

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