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Where are the honest ethical Real Estate and Mortgage professionals? When are the good, honest hard working professionals going to stand up and help put an end to these terrible crimes that fraudsters commit to steal homes from families.

I am an industry veteran that is a victim of mortgage fraud and our industry is saturated with “Willful Blindness”, and an “it is not my problem” mind-set. I know that the current fraud-prevention measures have a higher cost of doing business The price of detecting, reporting, and preventing fraud costs all of us more money, but if I would have had the tools available today to prevent mortgage fraud I would still be running my business, not out of business. It is sad that in my travels and at speaking engagements around the country, I hear the same degrading comments about how unethical and crooked the “Real Estate and Mortgage Industry” has become at numerous levels.

 

In the last few weeks I have received many desperate e-mails from homeowners that have been scammed out of their homes by Real Estate Agents, Attorneys and Lenders. The scheme is these fraudsters pretend they are going to help the homeowner save their home by doing a refinance of the home to catch up on payments or to make major repairs needed on the property.

This fraud scheme has surfaced in many different states with the same results to the homeowner. The result is a transfer of ownership not a refinance as they were advised, and while they did the paper shuffle at the closing the sale of the property occurs!

The transfer ownership turns out to be an immediate eviction notice to these families so the fraudsters can skim the equity from the property, not caring who they hurt!

In one case from New Mexico the homeowner wrote:

“One week later they re-keyed the house while I was gone, after the re-key they put a dumpster in the driveway and proceeded to throw everything we own from the house into the dumpster with the workers telling my daughter’s boyfriend they were trying to figure out what to auction off.”

In a second case from Las Vegas they wrote:

“The investor then (1) changed the locks at our home, (and barred our windows resulting in three broken blinds that can be seen from the street and screwed a wood bar into the garage door frame on either side;) (2)"gutted" our house of all our personal household belongings which are presently in two 40yard dumpsters in the backyard of the residence due to be removed and disposed of within one or two days of the date of this letter 9/26/06”

There is a current and repeated pattern of behavior for this organized conspiracy of real estate agent, broker, investor, the real estate company, and the title company and or its closing agent. There are companies teaching and even writing books on how to use these exact same illegal tactics. Some of these students are taught to believe it is a legal way in the communities to make huge profits. Unfortunately the conspiracy is just a way to commit mortgage fraud, equity skimming, and predatory lending by bullying and using aggressive tactics to impose their illegal actions. The tactic is to embarrass and humiliate the homeowner to the point that the homeowners give up in exhaustion. They concede to the terms due to emotional need to have financial situation fixed, save their home, only to find out later that they were scammed while they were in desperate circumstances.

Although this is a very upsetting and a sad situation for anyone to even think about, imagine what the two families above are dealing with as they are living this nightmare!

The vast majority of people are sincere, motivated, dedicated individuals making one of life’s most costly purchases. No matter how sophisticated a homeowner may be in his or her professional life, they are most often baffled by the endless forms, facts, and figures they must face simply to apply for the loan, let alone be approved for it and go to the closing table.

Thus the homeowner is unwittingly the first to allow for fraud, and the last to know about it. We know that fraud exists, we know who most likely perpetrates it and, in fact, the various ways in which they commit fraud. But how is the consumer to know, how is the potential homeowner, affected? Imagine the two family’s situation above, not only losing their home, but all of their personal possessions as well.

These people would not only like to have their own homes back but have told me they feel that there is a responsibility of honest professionals, friends, neighbors and the community to all do our part to eliminate these "Fraudsters". We need to prevent mortgage fraud, equity skimming, and predatory lending practices. Why do we consistently allow these types of fraudsters to affect elderly people who have nearly paid off their mortgages, veterans, legal immigrants, those below poverty level income, young couples with infants and small children, and people who just have the American Dream of owing their home.

The majority of people believe it is the responsibility of our local, state and national governmental agencies' to protect the American public from deceitful, fraudulent, dishonest, larcenous, embezzlement, unethical and misrepresentative practices related to real estate and mortgage fraud.

The costs are significant at the local level, like inflated appraisals, they really drive up the property taxes in a neighborhood or county. A lot of communities across the country have seen their neighborhood prices distressed and sometimes become a blight because of real estate fraud.

What about the bigger picture on the national level, you know when the government gets involved in a problem, not only is it big but very costly. Someone has to pay those agents to track down fraud, someone has to pay to the court costs all those fraudsters, and if convicted someone has to pay to feed, clothe, and shelter them. Who? Who will bear the brunt of these costs? You, me, and millions of unwitting homeowners who would never think of committing real estate fraud or even know how to go about committing fraud.

There’s no doubt that homeowners pay the price of real estate fraud emotionally and monetarily. The only way such costs can be avoided is to eliminate, or greatly reduce, the problem. That means you are going to have to start thinking about it, and thinking about it soon. The ethical honest “Real Estate Industry Professionals” need to step up and assist the “American Homeowners” that are being victimized and assist our governmental agencies from these fraudsters, if you do not know how, educate yourself, and then educate the homeowners!

The faster we all help prevent real estate fraud, the sooner all of these costs could be reduced, thus saving homeowners and tax payers money … and people will not be unlawfully evicted from there homes because of the paper work shuffle by the fraudsters at the closing table.

We can prevent mortgage and real estate fraud one transaction at a time!

Sincerely,

Michael S. Richardson

Managing Director
www.PreventMortgageFraud.com

 

36 Comments on Homeowners are losing there homes due to dishonest lenders, Real Estate agents and so called investors!

Michael that is just amazing. Blantantly stealing someone's property. My goodness. Why are these people not arrested on the spot? This is theft, extortion, fraud and many other criminal offenses wrapped up into one ugly little package. This is quite the eye opener.

10/17/2006 08:40 AM by Bryant Tutas-Tutas Towne Realty, Inc


Interesting, I look at this a bit different. Frankly the reason so many people are loosing their homes is they can not afford them. With so many people purchasing homes with no money down, or their funds being gifted is it any wonder they go into default. If a person buys with no money down they are in the hole by 6% in sales commission's right off the bat. Though we might see (in Colorado) a home appreciate at 5% per year, once adjusted for inflation of 4% that becomes a 1% gain. Sure we have had some good times here, but we all know that real estate is a cycle that we are trying to keep up through low interest rates. Now the second problem comes as interest rates bump, value is impacted down. The mortgage fraud that is happening here involves the loose lending guidelines and irresponsible borrowers. From time to time there is a person that really does get into trouble and is subject to fraud. Before we shift blame to investors, agents and loan officers I think we should call a spade a spade, the borrower got into the loan in the first place, how about asking for a little personal responsibility and starting there.

10/17/2006 10:22 AM by Jim Johnson (PAR Real Estate, Inc.)


Jim, while I agree with some of you comments. The problem as I see it are people being "sold" into something they cannot afford. Granted, people should take responsibility for their own actions but let's face it, crooks are excelent salespeople. The people they prey on are usually just hard working folks that want to buy a house. They trust these people. Rightly or wrongly, they believe what they are telling them. And in many cases the adjustable rate mortgage is conveniently not mentioned, or the fact they are selling them a a property that's overpriced by 20%. Funny how it's always 20%. Just enough to place the fraudulant 2nd.

I have had dealings with many crooked builders and they go to church and are pillars of the community. The only problem is they don't work where they live. They leave town to steal and then give 10% to the church. Go figure. 

10/17/2006 11:21 AM by Bryant Tutas-Tutas Towne Realty, Inc


"I have had dealings with many crooked builders and they go to church and are pillars of the community"

That phenomenon is not geographically limited!

10/17/2006 11:53 AM by Suzanne Marriott, Associate Broker, CLHMS, e-PRO (Keller Williams Realty Professional Partners)


Jim,

Your comments are correct for a small percentage of real estate fraud, you are only looking at first time home buyers. In my daily life of fraud, how do you explain straw buyers, appraisal fraud, deed stealing, equity skimming, inflated appraisals and purchases currently happening in Colorado on $850,000 homes going under contract for $1,050,000? How do you explain a Real Estate Agent and a Title Agent selling the same home 3 times here in Colorado and did this to over 22 homes.

This is real life and harmful in many many ways! To individuals, real estate agents, title insurance, property tax, blight, families

With all due respect you should read the blog entry again and then get educated on this terrible crime!

That means you are going to have to start thinking about it, and thinking about it soon. The ethical honest “Real Estate Industry Professionals” need to step up and assist the “American Homeowners” that are being victimized and assist our governmental agencies from these fraudsters, if you do not know how, educate yourself, and then educate the homeowners!

 

10/17/2006 12:55 PM by Michael Richardson (Preventmortgagefraud.com)


Ditto:

The crooks are disguised as humans. Great disguise. The poor sheep never see the wolves coming! It's...A Human Wolf. Great disguise. Sheep...It's whats for dinner. BAM. Lamb chops!

Now let's invite the wolf to our Church he has run out of sheep.

TLW "The Lovely Wife"...Kum La Ka Lakka...ROAR!

10/17/2006 01:03 PM by "The Lovely Wife"...Broker Bryant's Wife... (Co-Owner Tutas Towne Realty, Inc.)


Michael, I am with you 100% on this. I hope every member of AR reads this post and takes it to heart. Fraud is destroying lives daily. And us is eveywhere. How can we possibly blame the consumer for this. It is the greed of out industry that has created this. Place the blame where the blame belongs. There are many people in out industry that actually think this is the normal way of conducting business and don't even realise it is fraud.

Examples:  What's the matter with bumping the appraisal a little to get the deal closed? Let's do that "fake" second to get these nice people in the house. It's a "stated" income loan let's just make up a number you don't have to prove it. Don't worry lenders do it all the time. The lender said we can't show this on the HUD. And on and on and on.

Folks all of this is FRAUD. It is a federal offense. Recognize it and refuse to play.

Michael just writing this stuff pisses me off. I have sellers right now that are paying the price for being eager to own a home. After all, it is the American dream. And hey, everyone does it.

10/17/2006 01:25 PM by Bryant Tutas-Tutas Towne Realty, Inc


I am probably slow on the uptake, here.  So the mortgage company and real estate agent "tricked' them into selling the home that theye could not afford?

I do my part in helping people in foreclosure.  I lend private money when noone else will.  Howeve, if they don't make their payments, how else will my investor protect his collateral?

 

10/17/2006 01:25 PM by America's #1 Mortgage Broker


A-hem...BB public post...PMO...See Urban Dictionary. Lotsa Love! Thump. Ouch!

10/17/2006 01:35 PM by "The Lovely Wife"...Broker Bryant's Wife... (Co-Owner Tutas Towne Realty, Inc.)


Any real estate service provider can step up here and be part of the cure to these types of problems by back-tracking and persecuting the individuals who are practicing such devious acts.  If you see a situation like the one above, report all parties to the FBI and let them shake down the deviants.  Mortgage fraud is #1 on their list of "white collar" crime to squash, but they need the help of industry insiders who can identify such events more efficiently.  

Unfortunately situations like the ones mentioned above will continue to happen to the unfortunate few....i.e. The Nigerian e-mail scam STILL exists and people STILL fall for it????

10/17/2006 01:35 PM by Jeff Corbett (The XBroker)


Brian,

The Real Estate agent and loan officer created a straw buyer, someone who did not exist, the seller got their money, the agent and loan officer walks with over $200,000 and the homes remain empty and the comp's in the area are out of balance.

In my original blog entry, these people were evicted less than 2 weeks after the closing and had all their personal property thrown in a dumpster.   These people had each owned their homes for over 5 years and had a lot of equity.In each case they fell behind in payments due too a job loss.

I have to believe you are an honest person and help people, but if the fraudsters keep getting away with these illegal tactics then what you do lending money to help people in foreclosure, will be regulated and make it much more difficult for you to do this kind of business. 

I used to think like you until the "fraudsters ruined my business life" , but think about these people!

“One week later they re-keyed the house while I was gone, after the re-key they put a dumpster in the driveway and proceeded to throw everything we own from the house into the dumpster with the workers telling my daughter’s boyfriend they were trying to figure out what to auction off.”

10/17/2006 01:40 PM by Michael Richardson (Preventmortgagefraud.com)


Okay, so split the difference.  What if 10% of these stories are accurate -- people who were fed incredible stories and pushed through the fine print. 

The time was fast approaching in one of the states where I held a license that a real estate agent who blythely set people up in a home with a mortgage that fit recent past economic booms, but not clear present busts could be part of the liability.  I don't know now many times some of those darned shacks were sold by the banks who just kept doing it.

 

10/17/2006 01:56 PM by JudyAnn Lorenz, PREVA (Bar JD Communications)


JudyAnn,

I am here to tell you that about 90% of these stories are correct and the FBI reports 80% of this fraud is done by insiders!

But I do not care if it is 10% or 90%, How does anyone justify a percentage to someones personal belongings being thrown in a dumpster. These are fear tactics by the fraudsters, to keep the homeowners quiet! Imagine all of the people that do not speak out due to these fear tactics.

You will find out very soon from the FBI that fraud occurs in 3 out of 10 transactions, a 50% increase in less than a year! How can the honest members of the industry allow this?

If someone does not qualify for a home then they should not get the loan and the agents should not be showing them homes! but that only answers a small part of the real estate fraud happening today!

 

 

10/17/2006 02:14 PM by Michael Richardson (Preventmortgagefraud.com)


It is very unfortunate how many people view the real estate industry as a whole...realtors, mortgage professionals, investors, etc.  I for one am operating my businesses with the highest level of ethics and integrity...yes I said businesses because I am both a mortgage consultant and an investor.  I run in to these challenges all the time because of those who have come before me and attempted to take advantage of a person who is in a difficult situation already.  As as investor I have found myself helping people keep their property...as a mortgage consultant I just today advised someone NOT to refinance their house; in both these situations I made absolutely nothing, in fact I cost myself some income...though I sleep well at night knowing that I have done the right thing for those who I do business with.

 Now if only everyone had the same level of ethics, morals, and integirty!

10/17/2006 03:49 PM by Allan Pape (PrimeLending)


Allan,

That is great! I believe that the people you advised not refinance will remember and also most likely refer you to many. You then become a valuable advisor to the industry and homeowners.

We need all the people like you to stand up to be acknowledged!

 

Thanks,

Michael 

10/17/2006 04:17 PM by


I would say fraud occurs on about 7 of 10 mortgages, in some way, shape, fashion, or form...

This is an unregulated industry with alot of moving parts, and it is way too easy to manipulate data and information.  Waaay too easy.

Imagine all the 'invisible' fraud that is currently in the market...which it remains until a borrower defaults.  Imagine all the fraud currently being introduced into the market, considering business is down and brokers need to maintain their lifestyle....

Is asking an appraiser for a value (and getting it) fraud?  

Is an 'exception' from a lender a type of fraud?  It put a borrower in a mortgage they 'typically' wouldn't qualify for.

How about not disclosing YSP and not informing the borrower they really qualify for a lower rate?

 

 

10/17/2006 05:48 PM by Jeff Corbett (The XBroker)


Hold on here.  Jeff, that number you state is way overblown.  There is no way 70% of all mortgage transactions are fraudulaent.  I have closed over 1500 loans and I can tell you that none were submitted fraudulently.  Did I get fooled by a slicj borrower ecery now and tem with stated income, I'm sure I did but over 70% of my loans are full doc.

Regulate foreclosure lending?  They already do; it's called section 32 laws. When we make these private money loans, lenders charge 1-3 points so we have to mark up that wholesale price.  very few if any of my loans ever meet a sec 32 threshhold.

Michael, it sounds like the seller was in on the fraud; so why is he complaining? 

 

10/17/2006 06:31 PM by America's #1 Mortgage Broker


I disagree Brian...I applaud your stringent policies, but you're in the minority...as i imagine most members of this community are, else they wouldn't be here....

If the Feds say 30%, you can conservatively double that. 

Consider my other questions...what is your definition of fraudualnt activity in relation to the mortgage process?

In my travels promoting the XBroker, I have had the pleasure of interviewing some of the top producing shops in CA, to guage potential 'X' affiliations.  Too even my surprise, 7 out of 10 applicants failed the litmus test.

'Mortgage Fraud Scheme of the Week'

Brokers charge borrowers $400 for a CPA letter (to demonstrate Self-Employment and thus qual fo a stated loan) and it does not even come from a CPA. 

Yes, this happens regularly.   

10/17/2006 06:53 PM by Jeff Corbett (The XBroker)


Well, Jeff, we can agree to disagreeon the number.  However, I think we would both agree that 5% is way too high.

What is my definition of fraud?  Simple, a material misstatement or misrepresentation on a loan application not limited to but including o/o status, overstating income and/or assets.  Falsifying documents.  Creating letters of that are mataerially incorrect.

I have asked, begged, an pleaded with the FBI ofice in Phoenix and San diego to prosecute bad apples.  I even went so far as to ask them to just "send a letter" as a warning.  They really don't care.

Wholesale lenders are worse.  When I was Nat'l Sls Mgr for a mortgage bank, one of our branches was accused of fraud by one of the top 5 banks in the US.  I took it very seriously.  They told us that we had to fire the LO or lose our approval with them.  I went one farther.  I offered to fire the LO and file a joint complaint with them to the FBI and the DRE so this individual would be thrown out of the business.

They declined further action because they felt it would open them up to a lawsuit.

The problem is with the wholesale lenders.  They really don't care about certain items of fraud "O/O status, overstating income" if they can sell the loan and make some money.  They won't make the hard decision of a complaint to a regulating body or to the FBI.

Your "scheme of the week"?  I believe it is happening.  Jeff, did YOU report the offenders?  Wait a minute, that sounds confrontational.  I don't mean it that way.  How about this..."Let's you and I report the individuals" 

10/17/2006 07:23 PM by America's #1 Mortgage Broker


Point of clarification:  I disagree with Jeff about the percentage of fraudulaent loans but COMPLETELY agree that fraud exists in our profession and that one fraudulent loan, promulagted by a bad LO, is one too many.

So, we probably agree on the principle that fraud is bad and that the honor code needs to be expanded. 

10/17/2006 07:27 PM by America's #1 Mortgage Broker


I am going to post more on this tomorrow.  For the moment, I want to tell you that Michael Richardson is probably the most knowledgeable, upright and honorable person I am acquainted with.  Talk about making lemonade out of the lemons you are dealt!!  Michael was a victim that learned the lesson well.  Now, with his knowledge and experience he is certainly the right person in the right place at the right time.  Together we are working on a situation that involves a local Realtor, lenders, appraisers, investor and quite possibly a title company.  I hope to have a lot more to say about this shortly.  What is happening in our industry is staggering and we will be paying the price for it with rampant foreclosures for many years.  Go Michael!

10/17/2006 10:31 PM by Bonnie Cox (RE/MAX Masters)


I am going to post more on this tomorrow.  For the moment, I want to tell you that Michael Richardson is probably the most knowledgeable, upright and honorable person I am acquainted with.  Talk about making lemonade out of the lemons you are dealt!!  Michael was a victim that learned the lesson well.  Now, with his knowledge and experience he is certainly the right person in the right place at the right time.  Together we are working on a situation that involves a local Realtor, lenders, appraisers, investor and quite possibly a title company.  I hope to have a lot more to say about this shortly.  What is happening in our industry is staggering and we will be paying the price for it with rampant foreclosures for many years.  Go Michael!

10/17/2006 10:31 PM by Bonnie Cox (RE/MAX Masters)


Brian, they were dealt with :)

10/18/2006 12:36 AM by Jeff Corbett (The XBroker)


wow.... first off... Micahel Richardson, a great topic that is very scary.

2nd....  I will have to agree with Brian Brady. 70% is too high and if that were true, then it's saying that most people I know in this business commit fraud. I would say half. But then again, define fraud in the mortgage business.

Bryant brought up a certain scenario in his commen and I would like to get everyone's views on this. Please read below.

Example. Let's say I have a client that is being sold a house for $160,000. The seller lives in another country and just wants to get rid of the house. The people living in the house want to buy it. But in reality, the house is actually worth $205,000....legally and nothing is asked of the appraiser to bump the value. Just go out and do an appraisal of the property to see what it's worth. Just like a realtor would do for a client wanting to sell their house.

Now...  it's worth $205,000 and the seller doesn't care about this. He is going to keep his original price at $160,000...again, because he wants to get rid of the house and he likes the tenants. SO.... a mortgage company can do this. They tell the client to buy the house for $165,000 to cover his closing costs. And the seller is holding back a 2nd for the difference, which would be a $40,000 2nd. The lender is considering the seller's held 2nd as the borrow's down payment. And then he would get the appropriate documents signed to release the 2nd mortgage so the borrower doesn't have to pay it back.

The borrower gets the house they wanted....with no money out of pocket. Nothing was inflated..the value wasn't.... the income was real... and he even had his closings cost paid for. And once the seller takes care of the 2nd mortgage note, the buyer will have $40,000 equity.

So... is any of this considered fraud? Micahel, I would love your take on this. In regards to the 2nd mortgage held by the seller.... many will consider this fraud. Because the lender is thinking that he is holding onto this...that it's real. Is this true?

Again... awesome blog. And it's down right scary.

PS... just a little reminder. I am human, I am not perfect and I do make mistakes. But I do mean well. Does that count for anything?  My point in regards to this and the many loan officers out there.... I think many of them do not know the business well. Aren't educated about the business. And sometimes think because they are getting that client in the house of their dreams, that they will go to extremes to make it happen. And say," I got them the house."  Why call it fraud....  again, it comes down to the people in this profession, if you want to call it that, to educate others why you don't do things....even if you think it will help the current situation.

 

10/18/2006 04:57 AM by Jeff Belonger -- The FHA Expert.com -- FHA Loans -- FHA mortgages -- Mortgages (Infinity Home Mortgage Company, Inc)


Jeff, that a very good sceario and question. I will be curious to see Michael's response.

10/18/2006 07:05 AM by Bryant Tutas-Tutas Towne Realty, Inc


BB..... yes, it will be interesting. I have had this discussion many of times...with loan officers, the owner of my company, some title people....    and I am curious to see his answer, Brian Brady's answer, and Jeff Corbett.

10/18/2006 07:19 AM by Jeff Belonger -- The FHA Expert.com -- FHA Loans -- FHA mortgages -- Mortgages (Infinity Home Mortgage Company, Inc)


the borrower gets the house they wanted....with no money out of pocket. Nothing was inflated..the value wasn't.... the income was real... and he even had his closings cost paid for. And once the seller takes care of the 2nd mortgage note, the buyer will have $40,000 equity.

This is absolutely Fraud, for non-disclosure and intentional intent. Although it appears that no one gets hurt, this is considered soft fraud. Soft fraud is when someone lies about the facts to get a loan with the intent of living in the home. In this scenario the Realtor, Borrower and seller would be culpable and any one else if it was disclosed. Under this scenario the borrower should just 100% financing at the $165,000 price, with writing into the contract the seller allowance of $5000.00 for closing costs and they still gert into the home with no money down.  You would also still submitt the appraisal at the $205,000 as it will strengthen the  loan for underwriting. The transaction closes, the seller gets what they want and the buyer still gains the equity without committing fraud.

This should help clear up that issue! Remember there is a loan for almost any scenario these days, it just might take a little more research and work. The rate may be a little higher, but you do not have to committ fraud.

Michael S. Richardson

www.preventmortgagefraud.com 

 


10/18/2006 12:27 PM by Michael Richardson (Preventmortgagefraud.com)


Michael,

I appreciate your feedback. Like I said....this is an example that we use and talk about. And I have heard so many answers.

Thanks again.

10/18/2006 01:46 PM by Jeff Belonger -- The FHA Expert.com -- FHA Loans -- FHA mortgages -- Mortgages (Infinity Home Mortgage Company, Inc)


Ok Jeff, I have reread your scenario and Michael's comments and agree with Michael. The issue in this scenario is that the Lender is providing a 80% mortgage based on the fact that the Buyer has put 20% down albeit in the form of a note. But in reality the buyer is putting nothing into the deal and losses nothing if he walks away. Also, since it is only an 80% 1st there is no PM Insuarance to protect the Lender in case of default.  

If the 2nd was not fraudulent then why is it needed at all? The Buyer has nothing to gain by doing a loan this way, UNLESS, he doesn't qualify for 100% financing. And if that is the case, then fraud was just commited because he just did 100% financing. The fact that the mortgage company would allow this is the problem. It is not their money. It is the Lender's money and they have just exposed him to unecesary risk.

Even if none of what I just said makes sense. Just the fact that a legal 2nd mortgage was executed with the sole intent of destroying it, makes it a fraudulent mortgage instrument. And that is fraud, plain and simple.

I am not an Attorney, fraud expert, or mortgage broker and this is just my opinion.

10/18/2006 09:25 PM by Bryant Tutas-Tutas Towne Realty, Inc


I would tend to agree with Michael on most of what he says.  Let me differ a tad:

1- If the seller executes and records a carryback note, and sells that note back to the buyer (also the borrower) post facto, at whatever price he chooses, that is his business.

2- If the "scheme" is discussed, negotiated, and agreed upon prior to the transaction, it is definitely "soft fraud" and all parties to the transaction would be open to prosecution.

My solution would be simple.  There are many loan programs that allow for "sweat equity" or "gifts of equity".   A gift of equity is usually reserved for familial relationships but a long-term tenant can esablish a similar relationship if the seller demonstrates that the tenant performed something of value whilst residing there.

There are downpayment assistance programs where the seller can contribute up to 10% of the sales price, and 6% of the closing costs.  They are legal. (nehemiah, and Ameridream)

Both parties could achieve their goals in the transaction if they  play within the rules.  Lenders lend on reasoable sales prices and terms are a part of determining a price

10/19/2006 12:15 AM by America's #1 Mortgage Broker


Hi, well you explained that much better than I did. The forgiving of the note is not fraud. The fraud is in the intenet and the fact that this was it's sole purpose. Ok I think I have it now.

10/19/2006 06:57 AM by Bryant Tutas-Tutas Towne Realty, Inc


Bryant... you did a good job at explaining also. Brian just has a better way since being in this business, to make it sound shorter and to the point. But I wanted to throw that scenario out there because it is talked about in this industry all too often. And I am sure done even more so.

10/19/2006 08:30 AM by Jeff Belonger -- The FHA Expert.com -- FHA Loans -- FHA mortgages -- Mortgages (Infinity Home Mortgage Company, Inc)


A little late to the game...it looks like you all have it covered though. 

This scenario is in wide practice among sub-prime lenders..I do not believe Conforming or Alt-A lenders allow seller held 2nd's.   

Lenders that do allow seller 2nds must know that this sort of paper washing happens with frequency.  Sub-Prime lenders care more about securing an equitable 1st lien position than if the seller ever gets a dime.  Assuming the borrower qualifies with the 2nd mortgages terms in addition to the 1st...it is rationalized and thus 'allowed'..?

It is simply a 'strategy' to obtain favorable 80% LTV terms instead of what would normally be a 100% LT Purchase Price, purchase.  If the lender 'looks the other way'. it is they who truly foster the manipulation of terms.  If the 2nd is forgiven, the borrower owes and pays less, increasing their likelihood and ability of timely repayment.  

Is this fraud?  If it was done with the intent to deceive, then yes by letter law it would be material misrepresentation with intent to deceive.  Tough to tell who is damaged in this type of transaction.  You may say the lender due to not mitigating their risk with a higher interest rate...but again, they foster the dynamic. 

 

10/20/2006 01:57 PM by Jeff Corbett (The XBroker)


I'm surprised these folks haven't run into a customer who takes the approach that if you aren't going to play by the rules - then neither am I.  Don't they realize they are playing a Russian Roulette numbers game?

11/11/2006 09:56 AM by Tony Marriott, Associate Broker, CRP, CLHMS, CRB, CRS ~~ Phoenix Arizona (Keller Williams Realty Professional Partners)


Predators' due diligence is market research.  They select their prey which often includes folks faced with losing their home to foreclosure. Some tips:

  • Don't panic.  Get detailed information about the deadlines you face. Pay special attention to the date on which you would lose legal ownership of your home.   
  • Never sign a contract under pressure.  Take your time and consult an attorney if possible.   
  • Never sign away ownership via a quitclaim deed or other means without consulting with an attorney.  
  • Never make your mortgage payments to anyone other than your lender.  If you can't pay, never ignore warning letters from your lender.
  • Beware of any home-sale contract in which you are not formally released from liability for your mortgage loan. Make sure you know the rights you are giving up and that you agree to give them up.
  • Don't sign anything with blank lines or spaces because information could be added later without your knowledge or consent.
  • If you do not speak or understand  English very well, never rely on the Buyer's translator.
  • Si usted no habla ni entiende inglés bein, no confíe en el traductor del comprador.
  • non profit resource

 

02/22/2007 01:48 PM by David Petrovich (S.P.O.C.H. a 501c3 Charitable NP)


Greetings Michael, we need people like you to join the grass roots efforts to stop predatory practices and expose those who choose not to stop. 

I wanted to let you know that I've been endorsed by Consumer Advocate Harj Gill, M.Ed of American Mortgage Educators as an ethical, reputable,and knowledgeable loan officer and mortgage broker and wanted to share this phenomenal resource with other Real Estate industry professionals to check out their Consumer Information Center. 

If you also subscribe to the premise of the consumer first and are an Ethical, Reputable, and Knowledgeable real estate industry professional visit, http://www.homeloans.cc/wanted.html to learn more about this great resource and grass roots efforts to help our industry. 

Thank you, Frederic

03/16/2007 07:45 PM by Frederic A Din (Pacific Capital Mortgage)


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Real Estate - Other: Michael Richardson (Preventmortgagefraud.com)
Michael Richardson
Edgewater, CO
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