I received an email recently from a woman who had read my Active Rain posts.  From her message, I gleaned that a lender had taken advantage of her during a refinance transaction.  I receive similar emails fairly often, but somehow this one was different.   The lady's name is Paula and she wasn't looking for an elixir to somehow solve a serious problem.  She had already taken a stand and had decided to make a difference.  Paula had written to tell me about her newly launched web-site. 

That's right, a site hosted by an angry consumer who is fighting back.

Before reading more, consider these points:

  • Consumers are intelligent.
  • Many consumers are tech savvy or know someone that is.
  • Consumers have the ability to educate themselves on-line.
  • We can expect to see blogs hosted by people who are angry at their real estate agent, loan officer, etc.
  • Consumers will mention names on their sites.
  • SEO can be used against real estate professionals.

Will blogs hosted by BITTER CONSUMERS compete against REAL ESTATE BLOGS  in google searches?  

 

What happened to  Paula?

Paula's home is in Baltimore's northern outskirts not far from my own.  She refinanced last year with an out-of-state lender.  Her closing, or signing rather, was conducted in her home by a mobile notary.  I'm not sure why Paula questioned the terms of her loan after it's consummation, but she did.  Paula learned that the value used for her refinance had been grossly inflated.  

As is often the case, she has been unable to obtain a copy of the appraisal even though she had paid for it.  Maryland statute clearly requires a lender to provide a copy of an appraisal upon the request of the borrower.

Paula also learned that an undisclosed Yield Spread Premium of mammoth proportion had been charged.  I won't elaborate on her specific YSP since it was discussed on the phone, but will tell you that I often see settlement sheets with YSP's equaling $20,000 or more.  Last year, I meet a woman named Chris who asked that I look at her loan documents the day before closing.  Her settlement sheet reflected a YSP of nearly $30,000.   Additionally, the lender was charging  $9,000 in points and fees.  Chris, had impeccable credit and an LTV that would make most people envious.   She settled a week later with a different lender, reasonable broker fees, a much lower interest rate, and no YSP.

Now, back to Paula's story.  It turns out that the mobile notary worked for a company that was owned by a title insurer.  Most people don't realize that there are only five sources of title insurance left in this country.  Paula had been overcharged by nearly $1,000 for recordation fees by a national title insurer who was non-responsive to her repeated requests for reimbursement.  She eventually received the money back, but it cost her considerable time and effort.

A consumer advocacy site hosted by an intelligent and concerned consumer

I'm simply amazed at the size and scope of Paula's web-site.  It's not a blog, but I noticed that new information is added frequently making it blog-like.  It's a virtual information center for disgruntled real estate consumers from across the nation.  Paula designed the site herself based on her own experiences and very comprehensive research. 

Through the power of the internet, Paula has become a veritable expert on the mechanics of a real estate transaction. 

A consumer wouldn't have been able to accrue so much information five years ago. 

There's one more thing that I eluded to earlier .  Paula mentions names on her site.  She's not worried about defamation suits because she's telling the truth.  You can't sue someone for telling the truth.

Paula's site, Lender Liability Law, is worth visiting.

 

36 Comments on An Angry Consumer is a Formidable Opponent

Good for her!  And wow her site has a lot of information.

I wonder what the percentage of fraudulent loans is that comes from mortgage brokers who have been in the business for less than five years.  Seems to me that it would be hard to stay in the business for a long time, stealing from your customers.

Anyone have a feel for that?

-- An honest mortgage broker 

06/28/2007 10:00 AM by Jordan Graham (Clarion Mortgage Capital)


Jordan

Great point.  I agree, Paula's site contains a wealth of valuable information. 

06/28/2007 10:04 AM by Ed Rybczynski (Men's Wearhouse)


With the internet, the power an individual consumer can wield is huge. I don't have a problem with her site as long as ALL the information is accurate. If any of it is incorrect it could destroy the reputation of any professional

06/28/2007 10:06 AM by Wayne McMullan Quinte Real Estate (Royal LePage ProAlliance Realty)


Very interesting; what is that old adage about someone upset telling so many more people than someone who had a good experience?

06/28/2007 10:11 AM by Carole Cohen RealtorĀ®, ePRO (Howard Hanna Cleveland City Office)


Wayne

I agree with the premise as long as the info presented is truthful and fair.  I'm not in favor of rants and raves.  Paula's site is done very well. 

06/28/2007 10:13 AM by Ed Rybczynski (Men's Wearhouse)


Hi Carole

It's so true, the consumer can blog as effectively as the industry can.  I'm wondering how long it will be before a consumer launches a huge and successful site. 

06/28/2007 10:17 AM by Ed Rybczynski (Men's Wearhouse)


What a powerful site - I barely got through a couple pages and was thinking this lady has it together - she has done her research thanks for sharing :o)

06/28/2007 02:05 PM by Central Oregon Real Estate | Thesa Chambers, Broker (RE/MAX Sunset Realty La Pine)


Ed, This lady has it happening! I sure would want to have been the one that messed with her. She has a great site. I've bookmarked it so I can do some exploring. Thanks for sharing this Ed. I think we may see more of these sites in the near future. And that's a good thing. 

06/28/2007 03:44 PM by Bryant Tutas-Tutas Towne Realty, Inc


Thesa  and Bryant

This lady definitely has it together and I don't think that she has any real estate background at all.  I hope to meet her someday.   

06/28/2007 04:26 PM by Ed Rybczynski (Men's Wearhouse)


It's amazing and gratifying that 1 person's voice can make a difference.  Thanks for sharing.

06/28/2007 05:15 PM by Beth Butler - EWM Realtors


Beth

I firmly believe that 1 person can make a difference.  Paula is living proof.

06/28/2007 05:22 PM by Ed Rybczynski (Men's Wearhouse)



That's a good question. I had a buyer/seller taken advantage of by a lender. It was scary. I should post on it sometimes so I don't hijack your blog.

06/28/2007 06:15 PM by Missy Caulk Ann Arbor Real Estate (Keller Williams Ann Arbor)


Missy

Hijack away if you like.  I'd love to hear the story sometime. 

06/28/2007 06:20 PM by Ed Rybczynski (Men's Wearhouse)


 Her site is amazing, I have bookmarked. There is certainly something to learn in every transaction, even if it is not your own. Thanks!

06/28/2007 06:59 PM by Indianapolis Real Estate | Paula Henry (ReMax Excel)


Paula

Her site is amazing, I agree.  I'm glad you recognize the value in it that I do. 

06/28/2007 07:06 PM by Ed Rybczynski (Men's Wearhouse)


Ed - this lady is absolutely right.  And I am heartened to know that at least one consumer 'gets it' enough to have a voice.  Good for her!

Thanks for posting this.  It's very informative! 

06/28/2007 07:27 PM by Carol Smith, ReMax Preferred, REALTORĀ®, Toledo, OH (www.calltoledohome.com)


Carol

You're very welcome.  I'm glad you liked the post. 

06/28/2007 07:29 PM by Ed Rybczynski (Men's Wearhouse)


Wow.  She really did do her homework.  I am forwarding this link to a few of my lender firends.

06/28/2007 08:47 PM by Cheryl Johnson, Bob Taylor Properties, Inc., Los Angeles, CA


Go Paula, Its your birthday...Man, she has some information going on in there...I am glad I didn't pee in her conn flakes. 

06/28/2007 10:20 PM by Bob Carney Licensed MD/PA Real Estate Agent (Long & Foster Real Estate, Inc.)


Kudos to Paula.  I love it when I see someone fight back.

remember, hell hath no fury...

06/28/2007 10:26 PM by Jennifer Walker-Derby, Realtor Extraordinaire (Re/Max Westside)


Wow, she put a lot of work into gathering and putting this information together. I don't know the answer to solving this problem. Is it more legislation, maybe, but I'm very concerned it will protect a few and hurt the masses. It boils down to basic business ethics. Sounds easy, but the solution is waiting for us to resolve.

06/29/2007 12:11 AM by The Mortgage Cicerone


To everyone who responded:

Thank you.  I believe, ultimately, it's the consumer, not the regulator, that will change our industry for the better.  I suspect that we'll see a consumer blog before long that receives a great deal of traffic and attention. 

06/29/2007 04:13 AM by Ed Rybczynski (Men's Wearhouse)


Ed, it looks like Paula was one driven consumer.  I am amazed that she hopped behind the wheel and built a whole website.  Amazing.

06/29/2007 04:59 AM by Chris Elizabeth Griffith ~ Bonita Springs Fl Real Estate (Keller Williams Elite Realty, Bonita Springs, FL)


Hey Chris

This lady is far from finished.   I spoke to her at length on the phone and would describe her as pissed and just getting started.

06/29/2007 05:24 AM by Ed Rybczynski (Men's Wearhouse)


Wow!!  This woman is angry...educated...and on a mission!  I only hope she's as positive about the great service she receives when it comes her way. 

06/29/2007 08:45 AM by Real Estate Specialist | Brandon, FL | Susie Roscoe (Signature Realty Associates)


Susie 

A great point to consider.  Thanks. 

06/29/2007 09:14 AM by Ed Rybczynski (Men's Wearhouse)


That looks like quite the site. I had only a few moments to look it over, but all I can say is good for her. And consumers everywhere.  I too am amazed she turned her anger and frustration into a website, but she has a good voice and I am sure she will go far to educate consumers.

06/29/2007 01:20 PM by Debi Braulik (Tacoma Real Estate) (John L. Scott Real Estate)


Debi

I suspect that we're going to hear a whole lot more from the consumer before long. 

06/29/2007 01:22 PM by Ed Rybczynski (Men's Wearhouse)


Ed,

Thanks for the education.  I read up on YSP in wikipedia.  It was very interesting and enlightening.  You can never have too much knowledge in this business.

Fran

06/29/2007 07:28 PM by Fran Gatti - Crescent City CA Real Estate (RE/MAX Coastal Redwoods)


Fran

The Wikipedia explanation of YSP is outstanding.  I'm glad that you found this post helpful. 

06/29/2007 07:34 PM by Ed Rybczynski (Men's Wearhouse)


Thanks for this post, Ed.  I'm forwarding it to my lender partners to check out.  There is a lot of good info and real-world stuff there.

07/01/2007 12:10 AM by Jeff Geoghan MBA - Lancaster PA Real Estate Expert (Coldwell Banker Select Professionals)


Ed, great post.  I just spent close to the last hour on Paula's site.  You are right on the money - she has taught herself everything there is to know about our industry - I'll bet she knows more than a lot of us know.

I can see her now on a speaking tour with you...Doing a city version of her website and providing links to consumers all over the country.  You know what they say, "If you want to dance, you have to pay the piper".

Thanks again,

Now Have a Blessed Day,

John Occhi, Hemet CA REALTOR
Mission Grove Realty

07/13/2007 12:19 PM by John Occhi Hemet CA Real Estate (Century 21 Crest - Crest REO)


Hi ED,

It's a damn shame that good people have to be taken advantage of. YSP has it's uses when dealing with "know-it-all"s and people that want everything "free."

A fair commission on an average loan is 1 or 2 per cent. Fees have to be fair also. The idea behind the HUD-1 is that borrowers will be able to see what they are charged and this will keep the prices down.

Unfortunately, most people can't or don't read the HUD-1. There are too many numbers and too many ways over-charge the unwary.

Investors (lenders) that permit over-charging by brokers/loan officers are as guilty of this travesty as the LOs.

Bill Roberts

07/13/2007 11:21 PM by Bill Roberts - "Baby Boomer" Retirement Planning (Brooks and Dunphy Real Estate)


Jeff

You're very welcome.  I'm glad you found the post helpful 

07/15/2007 03:56 PM by Ed Rybczynski (Men's Wearhouse)


John

Thank you.  Paula has impressed many with the size and scope of her site. 

07/15/2007 03:58 PM by Ed Rybczynski (Men's Wearhouse)


Bill

I agree, there's definitely a place for the YSP in residential financing, but it's abused far too often.  Great point about the ultimate funders contributing, in a sense, to the foul play at the retail level.  Thanks for stopping by. 

07/15/2007 04:03 PM by Ed Rybczynski (Men's Wearhouse)


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