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Trapping Fraudulent Lenders? How to?

By
Real Estate Broker/Owner with Northern Virginia Homes - FRANKLY REAL ESTATE Inc

I just received the email below? I am alarmed that this stuff is STILL going on. Anyhow, I want to be the one that stops it (or at least curb it) 

Hello, Frank!
What do you think about a lender who says that he can pay extra to an appraiser to appraise the property higher than it actually is? 
I am thinking of refinancing because the interest rate on my condo went from 6% to 9% ( I had ARM).  The last home sold in our subdivision was 225,000.  I bought my condo for 255,000 in 2005.  This lender said he can pay some money to an appraiser who will be able to appraise my condo for 260,000.  He said, "money can make things happen.  Just a couple of hundred."  I don't know what to make of that.  Can you give me some advice? 
Thank you.

XYZ 

So my question to this group is

a) Does this sound illegal to you?

b) Who can I report this lender to?

c) Is it illegal for me to trap him by having him put this in writing?

d) What email could be written to not be SO obvious as to call attention.

 

How about a reply like this:

(PUT HIS NAME HERE)
   Can you help me better understand the process? If my unit has gone down in value since I bought it, how can the appraiser provide a report that the value is higher than it actually is? Does he just get more creative I guess? And the extra cost is under $200? Also what do you think my new rate would be if I refinanced?
 
 Thank you.
  XYZ

 

Thoughts? 

  Frank Borges LL0SA

Rick & Ines - Miami Beach Real Estate
Majestic Properties - Miami Beach, FL
Frank - that is absolutely outrageous!  Of course it's illegal and I don't think it would be "trapping him" - they contacted you to begin with.  I would tell him to have the broker put it in writing and would turn it in to the legal department at our brokerage.  I'm sure the Department of Business and Professional Regulations would have a field day as well.
May 31, 2007 04:24 AM
Jay Beckingham
Christensen Financial Mortgage - Port St Lucie, FL
Seniors ROCK!

it is in writing hit print.

 

check the state records as to the license.

 

contact the appropriate agency(s) 

May 31, 2007 04:51 AM
FRANK LL0SA Esq.- Northern Virginia Broker .:. FranklyRealty.com
Northern Virginia Homes - FRANKLY REAL ESTATE Inc - Arlington, VA

Rick,

No lender in their right mind would reply to an email that says "put it in writing," they aren't THAT dumb. That is why I want to try to bait him. 

 

Jay, It is NOT in writing. You must be a speed reader/skimmer.

I'm trying to get it in writing, even a simple "ok" from the lender would be sufficient. 

May 31, 2007 05:03 AM
Jason Price
Mortgage Financial Group, Inc (NMLS 219650) - Tavares, FL
The Mortgage Rider

Frank.

1) Illegal - YES!

2) Report to your/client's state department that oversees mortgages (Usually Department of Financial Regulations, but not sure of your/client's state.

3) No, there is nothing wrong with you advising a client to get something in writing from another lender.  You are doing your job to protect the consumer.  You defense is that you advised your client to get all offers and such in writing.  "Remember it is your word versus the lender's word... the more you have in writing the better." 

4) Dear Lender,

I am a little confused as to our last conversation.  Even though my property may appraise for about what I paid for it 2 years ago, you are saying that I may be able to pay your appraiser a little extra to have it appraise high enough for us to do my refinance.  Is my understanding correct?  Please advise because I need to do something soon and am a little worried about my situation.

Sincerely,

xyz

 

Little does the lender know that the last line is implying reporting him to the authorities. :)  Good luck on watching out for this person.

May 31, 2007 03:33 PM