Real Estate FraudThis is a very long post but jammed packed with good information for both home Buyers and Sellers. Fraud is rampant and each of you should read and be forewarned. I just can’t begin to state how important it is to have a quality, ethical Real Estate professional working on your behalf. My statement and montage of “Experience doesn’t cost…it PAYS” is never so evident as it is concerning the following information. When you hire me, you get honesty, experience and the job gets done right!

Currently in Real Estate law, a Realtor/Real Estate Broker may take loan applications and seek out loans for buyers. Many of my colleagues do just that. I do not. It is my contention that this is a conflict of interest. I’m good at what I do because I spend 100% of my time doing Real Estate full time. If dabbling in loans and real estate, it is my opinion that nothing would be done in excellence but be done in a mediocre way. I leave the loan portion to the experts that I have sought and know follow the same ethics that I demand in myself, and who I can quantitatively state are ethical. Which brings up a very valid point, in that I do not nor should anyone ever accept any kick-backs from any of the referrals that we as Real Estate professionals recommend to our clients, such as Pest companies, Title Companies, Mortgage Brokers, Home Inspectors and other Inspection and/or Repair individuals. When given a referral by me, you can count on good ethical service.

 

This is an award winning article and if you would like to read the remaining portion, please click on Sacramento Real Estate Voice.

 

 

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36 Comments on Fraud in Real Estate?

NOV
29
2006

   I am a new agent. I thank people like you for the information. I know the more I know the better I can protect and serve my clients. I keep reading and learn a little more each day. I love to learn and will continue to do so through out my career. I hope you keep posting. Thanks again.

 

   David

10:58pm • #1
NOV
30
2006
249,740 Points 67 Featured Posts Localism Sponsor Outside Blog
Wow Gena! This sure WAS cram packed with some EXCELLENT information. If only more people understood the ramifications of any degree of fraud... Thanks for "putting it out there" ...!
1:03am • #2
366,083 Points 16 Featured Posts Localism Sponsor Outside Blog

Unfortunately fraud is rife in all walks of life.  Wherever there is a buck (or the foreign equivalent) to be made, there will always be those who attempt to twist the process for unfair gain.

1:11am • #3
156,902 Points 4 Featured Posts Outside Blog
Now this is a really excellent and informative post!  I'm grateful you took the time to detail the issue and at least one potential solution.  Thanks for the post!
1:26am • #4
166,327 Points Outside Blog
I have seen these instances all too often in my career in the end these crooks get caught. I practice responsible and ethical lending.
1:42am • #5
8 Featured Posts Outside Blog
Very nice and detailed post.  Thanks,
2:12am • #6
Wow, I had one all red flags but everything was on the purchase contract and disclosed to the lender. But I am thinking about this stuff now days as the cretive financing does seem a little fishy. No over inflated appraisals though or other red flags.
Doug Beaver
3:29am • #7
734,979 Points 205 Featured Posts Localism Sponsor Outside Blog Hit Router

There sppears to be an epidemic of buyers who believe that they can structure an offer with a huge chunk of cash coming back to them.  Not so.

I guess the "real estate seminars" are jam packed.

Great post.

 

5:38am • #8
443,556 Points 148 Featured Posts Outside Blog

Gena.....  this wasn't long, the Bar Exam is long.... lol  Seriously, as someone else pointed out, this had to take some time. And I know about that all too well.

In either case, some great points made here. And just to reiterate again, that it's not always the lender. As you mentioned, clients, realtors, and appraisers can sometimes have their hand in this. And the bigger fraud cases have been all of those mentioned as a group of one. Meaning....  each person from that group acted together.... and talk about catching a school of fish. And as Eddy said, we are seeing it to often.  

thanks again for the great post and the details. 

8:33am • #10
126,249 Points 46 Featured Posts Localism Sponsor Outside Blog

Gena: I have bookmarked this post. It is excellent. I would like to see some of those loan fraud seminars down in San Diego. I think it would be a good offering from our local association.

Thank you!!!

8:56am • #11
330,521 Points 11 Featured Posts Outside Blog

Hello Gena,

I am a mortgage proefssional here in the North East and I "SAY NO" to fraud at all times.  As a mortgage pro, I say no to the two basic kinds of fraud that you mentioned: for profit and for property.

Great blog, thanks for sharing your well informed blog today.

Always,

Nima

http://www.MyNima.com

 

9:21am • #12
13 Featured Posts
It's too bad that in the pre-licensing classes for newby salespersons licenses that this material isn't a part of the curriculum, nor do I remember it being in the NAR mandatory introduction course material.  Without digging out my COE, I know in concept this is covered (as fraud in general), but don't think there is anythin specific about this.  It would be interesting and proactive if the NAR took a stance and put something in the COE that basically said Bryant's point: if it isn't on the HUD, it's a no-go.
10:00am • #13
I was reading an article on RealEstateJournal.com today about another type of scam, "foreclosure rescue." According to the article, the FBI estimated that mortgage fraud let to $1 billion in losses in 2005. Homeowners behind on their payments are mislead into believing these companies will "save" the homeowner through a title transfer for a year or two. Turns out the company just sells the home to someone else and the original owners are left without a roof over their heads.

Another common scam is when mortgage brokers change the terms of the loan a couple days before closing. This one must be tough for real estate agents. People sign on the dotted line in a stressful situation, only to find out in a few months they are in over their head because they didn't understand the terms. It is sad all around. One article I read suggested that people purchasing a home should wait until AFTER closing to purchase big-ticket items for their new home because the purchase can affect their credit ratings and qualifications. Do lenders generally run a second credit score check just before closing? Do you generally warn clients about this tactic.
T. Baker
10:14am • #14
127,669 Points 2 Featured Posts Outside Blog

This is some great information. I have found several Real Estate agents who would not work with me because they were looking for someone who is "creative" and what they mean by that is fudge the docs! Well they have the wrong mortgage person, it's not worth it to me to go to jail or put someone in a position of not being able to afford a home after they are in one.

At a training class a couple oif years ago, there was a story told about a LO who went to jail for 5 years because she fudge docs on stated loans, they found her out because there were 40-50 cases where people from her state were getting foreclosed and it was odd that all these people used the same lender so they investigated it and itturns out she over stated incomes on all the loans to get them approved... It cost her 5 years in jail.... I hope they police more of this.

10:26am • #15
1 Featured Post

This is right on.  I am sick of all the fraud and unethical stuff going on the Real Estae today.  It hurts everyone..even the people that do it.  They just do not realize it. Thank you for this blog.

Dave

10:40am • #16
239,058 Points 56 Featured Posts Localism Sponsor Outside Blog

Great post, Gena, but scary. And things don't seem to be getting better, although we are at least seeing more investigations adn crackdowns on fraudulent conduct. BTW have you written to Roberta Murphy?

Brian - love your comments (and love SB). Would be great if you could stop by my blog at Fans Of Coastal San Diego sometime and add your comments where appropriate. I am fairly new and still getting acclimated, but love hearing from others about their favorite haunts, beaches, etc.

12:34pm • #17
239,058 Points 56 Featured Posts Localism Sponsor Outside Blog

Dave, You're very welcome. We all continue to learn each day and the most important thing we can do for our clients is to continue our education and familiarize ourselves with what is currently going on. Glad to have been of service.

Brutus, Meant to say Bryant (sorry, I owed you one!) You have no idea!!! I hate to admit this but after working on this for a very long time and research as well as attending seminars and writing a bit on it here and there...I managed to delete my work and had to start all over again. It was truly a blood blog from me.

Mariana, I'm hoping that my explanation was clear enough for all to understand but I know that so many times we write or speak in a language that is not understood. I hope that I was able to make it as simple as possible.

Tony, you are absolutely correct. However, this has a direct impact on all of us and I am ever so thankful that the FBI is involved and indicting those that are found guilty. I don't wish to be penalized for those that set their goal in life to defraud.

1:49pm • #18
239,058 Points 56 Featured Posts Localism Sponsor Outside Blog

Suzanne, thank you for reading and commenting. I do hope that it is helpful and useful for you and potential clients.

Eddy, Yes isn't it a shame that there are those out there that don't follow the same ethics that you and I have. Glad to hear that you are keeping your area clean of this mess.

Kaushik, You're very welcome...it was a lot of detail...glad you could get through it all. I thought of making 2 posts from it but decided that we might be able to handle a long read.

Doug, Just keep your eyes open...there's a lot out there and the FBI doesn't care if you play dumb to it.

Lenn, Yes and more and more of these folks think this is easy money. I haven't noticed a reduction on the advertisment for these seminar predators. Definately, a case of buyer beware!

1:57pm • #19
3 Featured Posts

Excellent, very helpful post! There are too many instances where the "harmless' creative techniques could just land a person in the clinker. I know last year I met a few FBI agents at my open houses. They were looking to buy, as they had been transferred to Honolulu to set up a task force investigating - you guessed it - mortgage fraud!

On a side note, you might want to check out my blog, http://activerain.com/blogsview/23193/No-Money-Down-where regarding unscrupulous seminars.

2:05pm • #20
239,058 Points 56 Featured Posts Localism Sponsor Outside Blog

Renee, you are so welcome and yes, it took an incredible amount of time. My time however on the dashboard was very brief!

Brutus I mean Bryant, thank you for the blog on my blog...all my points exactly! The FBI doesn't care if you play dumb or not and if it aint on the HUD, consider it fraud. Plus the key here in your blog, as I'm sure you are very aware is that although the house may have appraised...was it a legitimate appraisal. A home in my neighborhood appraised quite high and would have not been a problem in the past but now, it sticks out like a sore thumb...appraisal fraud...very likely!

2:05pm • #21
239,058 Points 56 Featured Posts Localism Sponsor Outside Blog

Jeff, you are absolutely correct. You guys have taken a lot of heat on Lender fraud and Mortgage fraud but that's unfortunatley not all there is and yes, it took me an incredible amount of time to write all of this in what I hope is easily understood. But, alas it was only on the dashboard an ever so short amount of minutes.

Roberta, Thank you. It certainly took some time to accomplish. As far as the seminars, I hope you are referring to the education about fraud versus the "get rich quick" seminars...just joking!

Nima, You're very welcome and glad to hear that you say "NO"

Gabriel, yes it would be great tool. Maybe someone could make the recommendation to them...how about you?

2:13pm • #22
239,058 Points 56 Featured Posts Localism Sponsor Outside Blog

T. Baker, yes I referenced the Foreclosure and how the homeowner is left holding the bag so to speak. In answer to your question about do lenders run a credit check again before closing...yes they run the credit check just before the docs are issued. And if you represent a buyer, I would make sure to reaffirm with your buyer not to put any money on a credit card, withdraw money from savings etc. before closing. Even though many Lenders let the borrower know this, sometimes the excitment of a new home and items that are on sale, seem to take upper stage. It is your job to remind your clients.

Leo, they are finding them and what resounded in almost all of my research was the words that the FBI is "following the money" and all will be prosecuted. Many of the Real Estate offices that also dabble in loans are being evaluated. One in particular, I noticed lately changed their name and apparently no longer are doing loans. I had heard that they were using white-out quite freely on their clients loan applications. Interesting what goes on, isn't it?

2:23pm • #23
239,058 Points 56 Featured Posts Localism Sponsor Outside Blog

Dave, I think the people that do it definately know what they are doing. Some of the strawbuyers may not especially the ones whose identies have been stolen but event the strawbuyers who are illegal aliens know that they are doing something wrong. It's back to the old sayings...you don't get something for nothing buyer beware...if it sounds too good to be true, it is.

Jeff, yes it is scary and there's plenty of it. No, I don't know if BTW wrote to Roberta. YOU MUST HAVE WONDERED WHAT I WAS SAYING ABOUT BTW-SHOWING MY AGE! NOW, I KNOW THAT YOU WERE SAYING BY THE WAY (SORRY). YES, I DID.

Michael, the FBI is opening offices all over. You're talking about a lot of money that Lenders are loosing and it's having a real impact on neighborhoods and tax base which I didn't get into in my blog due to its length. I will check out your blog on the seminars. Thank you for sharing.

2:31pm • #24
DEC
01
2006
239,058 Points 56 Featured Posts Localism Sponsor Outside Blog

TLW that I thought was BTW. Oh to be young again and have all this just magically sink in. I do feel slightly foolish but oh so glad that you let me know before I continued on that merry path.

And as for Brutus...oh my gosh...where was my mind? Obviously not with my typing fingers!

Thanks.

12:40am • #25
21 Featured Posts

Gena - Excellent post about fraud. We experienced a slew of these types of inflated offers in 2005... There is one agent that I hope is headed to prison along with his low-life client and their low-life appraiser.

They blindly made offers for significantly over list with a side rider that stated an Investment company would get the overage as a fee and that they would assign the sale (straw-men)

The custom home  builder here in Naperville that I work with turned them in. I haven't seen an offer from them since.

A bunch of vacant houses dotted the landscape for a while as the buyers never made a payment on the loans (or moved in)

Great to see you again!

Moo

 

8:41am • #26
239,058 Points 56 Featured Posts Localism Sponsor Outside Blog

TLW that I typed LTW...thank you...sometimes I need to be saved especially with all these letters. It could be seriously hazardous if choosing the wrong letters that might mean something else...could get someone into some serious trouble.

Angus, I too am glad you are back! Oh yeah, oh yeah and how's the herd doing???

I know what you mean about those getting what they so deserve. What's worse is when you see them with nice clients that are being taken down the primrose path.  Hope they aren't out there hurting folks and neighborhoods anymore.

I don't remember if I touched on that or not with the post but many of those investors owned property in and around each other which then caused an entire neighborhood to have what I would consider a blight. Has the neighborhood that you are referring to, come back to life yet?

11:44am • #27
DEC
03
2006
20 Featured Posts

Gena,

This is a great article and thanks for submitting it to the Carnival of Active Rain!

It was a very tough category to judge and I had to read all the posts several times before I was able to pick a winner.

Keep up the great work!

4:39pm • #28
DEC
04
2006
239,058 Points 56 Featured Posts Localism Sponsor Outside Blog

TLW, thanks for understanding. Didn't know how all that came about in the first place but it appears to have stuck!

Toby, thanks for taking the time to read it. As you can see, a seller read it and found that what they are going through can very easily perhaps qualify for fraud. So, even though it didn't win anything, it helped someone out there and that's really why it was written. Thanks again.

4:59pm • #29
FEB
16
2007
1 Featured Post
We had 8 appraisers go to federal prison last year alone for fraud. It had gotten so bad here that the FBI actually set up headquarters downtown to monitor deals. I'm glad we're on the upside now, but this has been a very serious issue for us.
1:54pm • #30
APR
23
2007
We went through, or are going through, a bad experience with a husband/wife team of real estate salespersons who took us (my mother and I) for a ride we will not soon forget.  We won't be able to because our finances are depleted and we are trying to make a decision whether or not to let the condo we moved from foreclose or keep paying on it and lose the rest of our savings.  Long story but the $130,000 we put down is probably lost due to the creative financing of the loan we were unaware we were getting.  Also had our home sold to unknown person who never looked at the home, never moved in and never made a payment to the lender.  These poor excuses for realtors were so desperate to get the commissions from the sale of our home and knew we would not relist or reinstate their contract.  They lent us money for down payment to purchase, made promises that certain costs would be paid out of their commissions then was in cahoots with the escrow company and took everything out of our proceeds before closing out a long, secretive escrow.  I hope these people and others like them get caught and do some prison time, no one deserves it more for preying on the innocent, naive and elderly that they gain trust from.  Ruthless, self-serving sob's.
damjan52
9:26am • #31
239,058 Points 56 Featured Posts Localism Sponsor Outside Blog
damjan52,so sorry to hear that you have been victimized. That is one of the reasons why so many of us now blog. It is time to let Buyers and Seller know what is out there and what to avoid. It sounds as though you had what is called a "straw buyer." Give me a call, there may be something that I can do to help...916.417.2699. If I am not available at the time of your call, just leave a number where I can reach you.
1:24pm • #32
MAY
20
2007

HUGE mortgage fraud scheme in SoCal!

Scammers are James B. Duncan, Hendrix Montecastro, Anthony Contreras, Maurice McLeod, Charlie Choi under the names Stonewood Consulting, Pacific Wealth Management, Arbor Terrace Realty, Total Return Fund, Cathedral Capital Partners, Palm Valley Advisors, Inland Coast Capital, Coast Wealth Management, and many many others.

see http://www.coreclient.110mb.com/ for more info.

Foolish
2:33pm • #33
JUN
28
2008

Any wonder?  Fresno 12th highest foreclosure rate in nation!

Massive real estate theft operation in Fresno, CA behind Mayor Autry's so-called, "infrastructure upgrade." People being run off their property, ID theft, forged deeds, fraudulent financing information, illegal conversion of assets, missing persons, suspected homicide. Fresno's water system is being secretly altered / diverted, entailing massive damages and reconstruction. Property lines altered, plat/parcel maps altered to cover up evidence. Patched and re-built structures being sold as "original" to unsuspecting buyers. Click below:

http://fresnorealestatefraudtheft.blogspot.com/2008/06/title-company-fraud-corruption-fresno.html

It is no wonder that Fresno is now 12th in the nation for highest foreclosure rate - see article below. I was employed by one of the ringleaders in Fresno's real estate fraud operation (unknowingly.) I personally heard him giving instructions on when to stop making payments so it would go into foreclosure. He stepped in and paid cash, laughing, "Most people are 1 paycheck away from bankruptcy." He "plants" tenants who destroy, while he conspires in cancellation of insurance as damages take over. He alters legal documents. Forgeries. Missing persons. As the major sewer/water lines are illegally altered/replaced, mosquito infestations are blamed on pools! (West Niles?) Unknown chemicals / pesticides in addition to exposure to toxic, disease-carrying raw sewage is leaving a trail of illness, asthma, infections, amputation, death. The nightmare continues due to the city cover-up - they have their risk analyst blatantly lying to property owners who are being set up for annihilation. This is a barbaric operation. Forcing foreclosures is another way of vacating property - not only to carry out the felony alterations but to have a new deed prepared with revised measurements. Newcomers remain oblivious.

http://www.lateupdate.com/business/foreclosure-activity-increases-23-percent-nationwide-fresno-is-no.-12-nationally.php

Marla
4:11pm • #34
JUL
21

Great Post.  Thanks for Sharing!

Fraud hurts so many people on so many levels-it hurts us all in one way or another.

To help combat this disease, I created a group: Real Estate Fraud, Scams, and Ponzi schemes REPORT THEM HERE

http://activerain.com/groups/FraudAlert

Please feel free to post your blog there! 

12:27am • #35
126,249 Points 46 Featured Posts Localism Sponsor Outside Blog

Gena:  A good article that stands the test of time! I was following comments and picked up on it again this morning.  See ya in SF!

8:35am • #36

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Rainmaker_large

Gena Riede, Real Estate Broker Sacramento CA Real Estate (916) 417-2699

Sacramento, CA

More about me…

Riede Real Estate, Lic. 01310792

Address: Elk Grove, Fair Oaks, Carmichael, Roseville,, Sacramento, Folsom, Elk Grove, CA, 95825

Office Phone: (916) 417-2699

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