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Mortgage Drug Dealers

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Mortgage and Lending with iBrandPlan.com - Grow your e-Profile & Brand

Why I think Some Loan Officers are Drug Dealers

T. Duncan sold her home in 2003 and netted $70,000 in equity from the sale. She went home shopping, determined to find something "nice" that "fit her personality" and exuded the confidence she felt about her career and life.  The destination was a custom home in a semi-rural community east of Dallas, TX. Sales price of $274,000.

At the time, Ms. Duncan earned $3,600 per month working at a full-time sales position which was mostly commission. She felt very good about her career and the future income potential she had in the home. She admits now she had "stars in here eyes" about her future.

Along came a Mortgage Drug Dealer (MDD for short) who made Ms. Duncan believe this was ALL possible. 

The first advice the MDD gave Ms. Duncan was to use 100% financing instead of using her $70,000 in equity in the new home. Generally, I agree fully with the principal of leveraging but the FIRST requirement should be affordability. Read on...

Using 100% financing, the loan amount is equal to the sales price of $274,000. The MDD utilized an 80/20 combination of 2 loans to avoid private mortgage insurance. The challenge arose when calculating Ms. Duncan's debt vs. income relationship (DTI ratio). At $3,600 per month in gross income, Ms. Duncan could afford debt payments of on more than $1,800 per month.

$1,800 per month MUST include her mortgage principal, interest, taxes, homeowner's insurance, all credit card and installment loan payments.

Ms. Duncan isn't sure what her other bills were at the time, but thought she had probably one car payment around $400 per month and a few credit cards with low balances, say $100 per month in minimum payments.  That means of the $1,800 ALLOWED, she had $1,300 to use for the mortgage plus taxes and insurance.

Financing $274,000 at 5.5% is a monthly payment of $1,555.  Uh, oh. What's a Mortgage Drug Dealer to do?

The first thing the MDD did was to lie about Ms. Duncan's income. Because she had verifiable employment, and because she felt good about her future, the MDD suggested she apply for the loan with $6,000 per month in income. "He told me it's stated income so it doesn't matter", said Ms. Duncan.

With the fraudulently inflated income of $6,000 that allowed the MDD to have $3,000 per month to work with less $500 for her car and credit cards = $2,500 per month. More than enough to qualify? Well, no....not exactly.

Property taxes on the home should be about $9,000 per year or $750 per month. That's based on there being a house worth $274,000 on the land, but when Ms. Duncan closed on the purchase, the taxing district only had it valued and taxed as raw land, about $2,000 per year or $166 per month. The MDD didn't take into account the taxes Ms. Duncan WILL PAY and setup the loan based on current raw land taxation of $166 per month.

A problem arose when the underwriter of the mortgage lender he brokered it to, insisted he use the higher tax amount to qualify the customer. At a first mortgage at 6.00% and a second mortgage at 8.125% Ms. Duncan was looking at the following scenario.

  • 1st mortgage payment:    $1,313
  • 2nd mortgage payment:   $  407
  • Homeowner's insurance: $  210
  • Taxes - actual                     $  750
  • Car and Credit Cards         $  500
  • Total                                       $3,180

$3,180 is greater than the $3,000 allowed. This is the point where you tell the client this is more house then they can afford. Perhaps they should use some of that $70,000 in equity as a down-payment. Of course, that's using fraudulently inflated income so remember she's actually looking at monthly expenses of $3,180 on a PRE-TAX INCOME OF $3,600! On Commission, no less!

But instead of pulling back from the brink and telling the client her hopes were to be broken, he pulled out another fun trick. The Mortgage Drug Dealer doesn't want to tell an addict no. Instead he offers another new drug.

This is where the loan became a 1 year ARM instead of a 30 year fixed and to top it all off...a 2 year prepayment penalty equal to 6 months of mortgage interest. But hey! It solved the problem! New interest rate (for the first year) on that first mortgage of 4.625% which lowered the total payments $186 per month to $2,994 per month.

LOAN APPROVED

"I was so excited!", says Ms. Duncan, "I never thought I would own a home this nice". Over the next several months her $70,000 in equity didn't go in the bank, it didn't grow at a high rate of interest, it went into the house. Custom furniture, décor, appliances, the works. "Looking back, I had no idea I was buying too much house. I wanted this home and everyone told me I could do it....and...I did".

FAST FORWARD TO 1/5/2007

If you are interested the house will be sold at foreclosure on 2/6/2007 in Henderson County, TX. I hear it is a really, really nice house.

Ken Stampe

© 2006 http://blog.homeloandfw.com/

Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time
Ken, I hear those stories everyday. It really is shame folks don't think through their finances a little more thoroughly before committing to payments they can't afford. And the mortgage broker, well what can I say, maybe the lender will review the file now that the property is in foreclosure and get this guy for mortgage fraud. Like that will ever happen.
Jan 05, 2007 09:18 AM
Ed Brophy
Ed Brophy, REALTOR® - Palm Springs, CA
Realtor - DRE #01344385

Ken,

I was waiting for the shoe to fall, thinking all along you were going to say they MDD put her into a Pay Option ARM the nemesis of the reputable Mortgage Consultant.  I remember when these loans first gained popularity, LO's were selling the hell out of them but, had no idea what they were selling.  I would often cringe when I heard LO's telling clients "The rate won't change for 5 years" or the every popular "Look how much you're saving each month."  Now a lot of these clients find themselves in a foreclosure situation because the payments went from affordable to way out of reach.

I must spend half of my day talking to people who were put into a pay option arm with pie in the sky promises of loan officers and mortgage brokers only to find out their interest rates are going up each and every month.  Many are forced to refinance and pay thousands upon thousands in pre-payment penalties to get out of this poor choice.  More than half of these people are forced to sell and downsize or worst case rent all because their mortgage consultant was ore interested in the drug (money) than they were their clients financial well being. 

I can't believe with all the negative press pay option arms have received that clients are still falling for the pie in the sky promises of these loans.  The only thing we can do is educate the public and hope they listen.

 

Regards,

Ed Brophy
President
Synergy Mortgage

Direct: (760) 409-9069
Toll Free: (888) 45-LOAN-5 ext. 1
Fax: (866) 388-0839

Web: http://www.synergymortgageloans.com

 

 

Jan 05, 2007 09:25 AM
Ken Stampe
iBrandPlan.com - Grow your e-Profile & Brand - Dallas, TX
iBrandPlan

Ed - even if it had been a POA I would have changed the story :P Somehow you mention the pay option arm and next thing you know the conversation takes a left turn. The point of this story is to counter the statements, from some, that the consumer is always at fault for their choices. I strongly believe in personal accountability. The drug user is responsible for their actions is true, but the drug dealer is responsible for enabling the addiction and shouldn't get off without penalty. This gal was soooo jazzed to get this home that the mortgage loan officer put her in a no win situation.

Bryant - while I agree people should budget and understand what they can afford, this gal was told to expect a payment based on UNIMPROVED taxes which meant that after her first calendar year in the home, she was over $7,000 short to pay her tax bill. The lender paid it for her, but then she had to pay the lender back and on top of that her escrow account adjusted to the NEW tax amount. The net result was an increase in payments of over $1,100 per month. Then one year into the loan her rate adjusts and when she tries to refinance she learns there is a prepayment penalty on the note equal to about $11,000.

This was a case where anyone in the mortgage business would KNOW this client was going to lose this home to foreclosure in a few years and DID THE LOAN ANYWAY. That's my problem with it.

Ken

Jan 05, 2007 09:38 AM
David Kyle
Charlotte Internet Marketing SEM Adwords - Charlotte, NC
Charlotte SEO

Great Article Ken!  I actually just finished writing a blog of a similar theme. Check it out if you have time.

 I think drug dealers are better than this guy. Drug users know that drugs are bad, but choose to do them any way.

It wasn't that clear cut for Ms. Duncan.  Her perception of reality was being manipulated by this con-man. 

Big shocker he didn't want her to put any money down, and wanted her to get an 80/20.  He got a commission on 2 loans!!!!

Jan 05, 2007 09:49 AM
Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer

In theory I don't think the MDD will be in business long for the following reasons:

  • If you kill your client it will be hard to chase after the referral or even repeat business for that matter
  • The law will catch up with them eventually.  There have been some mortgage professionals that have been tried and are doing hard time because their records have been examined.  If you have a high foreclosure rate within your closed loans, better be prepared for the worst
Jan 05, 2007 10:49 AM
Anonymous
Ken Horst
Unfortunately this is the reason I think we are going to see a very uncomfortable increase in foreclosures all over the country.  The other contributor to this problem is highly inflated appraisals.  I'm seeing many borrowers wanting to get out of their 2/28 that just adjusted up 2 points and they also need some cash out to pay off yet another 2 maxed out credit cards, only to find out that their home is appraising for about $10,000 less than they have it financed for.  The good news is many lenders are making 100% financing harder to qualify for and I am seeing many more appraisal reviews which will run the MDDs out of the business.
Jan 05, 2007 03:13 PM
#6
William Collins
ERA Queen City Realty - Scotch Plains, NJ
Property and Asset Management

Ken,

Thanks for the post. This one has shyster written all over it. The sad part is that some buyers actually think they're getting a deal! As do many who use a Real Estate Agent, who is also their mortgage broker, a subject I covered in Singularly Phenomenal.

Jan 05, 2007 05:21 PM
Marc Blasi
Palm Beach Gardens, FL

These are the people that give us all a bad name.

I'm not sure of what can be done to this ass*&le, but why don't we start with getting his name and putting it up in lights ALL OVER THE PLACE!

Jan 05, 2007 11:26 PM
Brian Brass
Brian Brass - Guaranteed Rate - Troy, MI

KEN -

This post magnifies the need for more stringent entrance/continuing education and ongoing performance review/audit requirements for the industry to help eliminate unscrupulous originators and these situations.

Unfortunately regulation may eliminate many unqualified participants but the allure the almighty dollar will continue to corrupt the concience of many individuals in certain situations...

Jan 06, 2007 05:26 AM
Donna Harris
Donna Homes, powered by JPAR - TexasRealEstateMediationServices.com - Austin, TX
Realtor,Mediator,Ombudsman,Property Tax Arbitrator

So sad, so sad... it happens all too often though.

I sold my childhood home about 4 years.  The buyers just inherited a lot of money and put a nice down payment on the house to where their loan was under $100k... 2 years ago, I was pulling up listings in that neighborhood and noticed the address. I looked at the full listing and it was a foreclosure!!  Man, they lost a lot of equity!!

I'm still waiting about the blog from lunch!! ;)

Jan 06, 2007 12:44 PM
Robert D. Ashby
Cruise Planners of South Florida - Plantation, FL
Providing Personalized Travel

Ken,

Sorry it took so long to review this post.  This is more of a case of mortgage fraud and the reason I use the term "mortgage professionals" loosely.  Please post this under the identity theft mortgage fraud group.  Thank you.

Jan 08, 2007 04:19 AM
Ken Stampe
iBrandPlan.com - Grow your e-Profile & Brand - Dallas, TX
iBrandPlan

Robert,

I moved the post from your group but was very surprised at your request of me to do so. I felt that the loan officer's absence (whether malicious or not) of planning for future tax changes and escrows was applicable to the group. While I concede that the use of stated income in this case indeed was a commission of fraud, I think the overall message of this story is how no planning or "malicious" planning leads to foreclosure.

Like I said, I've removed the post from your group at your request.

Ken Stampe

Jan 08, 2007 06:55 AM
Robert D. Ashby
Cruise Planners of South Florida - Plantation, FL
Providing Personalized Travel

Ken,

I agree there is some planning related information in your post, but it is not the main issue of the post, which is more toward the fraud aspect and untrustworthy mortgage professionals, hence my request to place it under the other group. 

The post is good and provides good insight into the need for seeking a true mortgage professional and deserves to be recognized as such. 

Jan 08, 2007 08:49 AM