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An Indianapolis man practicing real estate without a license is being sued by Indiana Attorney General Todd Rokita for duping real estate investors.

Rokita’s office has accused Herbert Whalen of engaging in the management of property for investors without a real estate broker license, as required by law. Whalen’s broker license was revoked in early 2018 by the Indiana Real Estate Commission when he failed to report a series of criminal convictions and for knowingly managing a company without a broker company license.

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Whalen is also accused of hiding his prior convictions from his recent investor victims by using a series of LLCs and the fictitious name “Herb Francis.” In addition to Whalen, others named as defendants in the lawsuit are MBNS LLC, MBNS Invest LLC and the now defunct My Bricks and Sticks LLC; none of the LLCs have broker licenses.

“Our office has made it clear that when you break the law, we will hold you accountable,” Rokita said. “Real estate investors and tenants should be able to trust that their property managers have the knowledge and skills necessary to protect their investments and their homes.”

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