PROVO — Before an attorney and former real-estate agent is sentenced for a mortgage fraud scheme, his attorney wants to be sure that the restitution amount is correct.

Richard Culbertson, who lost a bid for Eagle Mountain's mayor in November, previously pleaded guilty in 4th District Court to four second-degree felony charges, including communication fraud and pattern of unlawful activity.

His wife, Kathleen, also a real-estate agent, pleaded guilty to four class A misdemeanors, including communication fraud and racketeering.

Prosecutors say the Culbertsons allegedly falsified loan applications, inflated their income and even used a daughter's name and financial information to secure loans.

Prosecutors also alleged that the Culbertsons applied for home-improvement loans but pocketed the money, never making any upgrades on the home in question, according to documents filed in 4th District Court.

The couple was scheduled to be sentenced Thursday morning, but defense attorney Greg Skordas wanted the judge to have an accurate picture of the restitution.

The presentence report says the couple owes $1.2 million, however, that's assuming that nothing is regained from the sale of the several houses now in foreclosure, Skordas said.

"The presentence report recommends some jail time, but I'm sure it's based on a $1 million loss," Skordas said. "It may still be jail with $100,000 lost, but I just want the case to be in the proper perspective."

Skordas estimated the actual amount owed would be around a 10th of the $1 million requested. The Culbertsons will appear in court again Aug. 21 at 8:30 a.m.

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