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Has Lending Really Come To This?

By
Real Estate Broker/Owner with KD Realty - 408.972.1822 CA DRE#01366594

Maybe I am just a little too naive. This is a first for me. 

 

The lender on the second home equity loan to purchase a home sent an "Anti- Money Laundering Certification" for my buyer clients to sign.  

Maybe I just needed a good laugh ... and yet I think this is funny!  

I think whoever wrote this might be using some heavy hitting narcotics or maybe just on a Rocky Mountain High vacation from reality. 

 

Medical cannabis

 

The Certification read: 

 

[Name of Lender] is prohibited from making a loan to an applicant if any funds used to repay the loan will be obtained from a source that is illegal under federal law.

 

I/We the undersigned certify that:


I/We will not make any payments or prepayments on my/our loan using any money that is obtained from a source that is illegal under federal law.

I/We understand that this includes, but is not limited to, money obtained from:


• Marijuana (cannabis) dispensaries or growers (even if legal under state law)
• Organized Crime or Racketeering
• Human Trafficking
• Smuggling
• Bank Robbery
• Terrorist Activity or Financing
• Trafficking of Narcotics
• Money Laundering or other financial crimes

 

We all know that signing that certification will absolutly positivley stop the drug and human trafficking home buyer. Right?  Just so we are clear on that.

I wonder what the plan is to regulate this? What am I missing?

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Comments(17)

Melanie Ross
Coldwell Banker Solano Pacific - Benicia, CA
Benicia CA & Vallejo CA Real Estate, 707-319-2828

This gave me a good chuckle!!

May 04, 2017 08:04 PM
Michelle Edwards
Realty One Group Trilogy - San Bernardino, CA
Licensed Realtor® in California and Nevada

Never rob a bank to repay the home loan.  Got it.

Thanks for the laugh!

May 04, 2017 08:20 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Yes and those who did get funds from those business opportunities will admit to the lender as they are trying to take a loan?:) yea right.... Endre

May 04, 2017 11:42 PM
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Gee; Kathleen Daniels they forgot to include prostitution and throw in political graft in the process just so we can say the pendulum swings both ways!

May 05, 2017 04:16 AM
Kathleen Daniels, Probate & Trust Specialist

My thoughts exactly ... where is prostition on the list. Oh wait, that is what they do with the clients Sandy Padula and Norm Padula, JD, GRI NMLS#1483386 

May 05, 2017 08:03 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Here's my thought.  If they find out that money has been obtained illegally and suspect it is being used to pay the mortgage, they may be able to go forward with a foreclosure. 

May 05, 2017 10:38 AM
Dick Greenberg
New Paradigm Partners LLC - Fort Collins, CO
Northern Colorado Residential Real Estate

Hi Kathleen - This is an outrageous case of housing discrimination against criminals - particularly since it's such an effective tool. Kudos to the legal department that came up with this - everyone is safe now. Have a great weekend!

May 05, 2017 12:48 PM
Debe Maxwell, CRS

Oh, funny, Dick! I actually laughed out loud!

May 06, 2017 06:51 PM
Beth Atalay
Cam Realty and Property Management - Clermont, FL
Cam Realty of Clermont FL

Hi Kathleen, this post as well as all the comments made me laugh. Unfortunately, it's not a joke. Do they actually think anyone obtaining money in one of these ways would admit?

May 05, 2017 01:42 PM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Kathleen I have been an LO for a number of years, but have never seen that form.  As far as who will regulate it, the answer is simple, No One!!!  Just another example of another regulation that will not be enforced, and another form to kill more trees.

May 05, 2017 02:33 PM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

I agree with Chris Ann. They can use that as a reason to foreclose. Also, it is a release of liability of sorts in the event the feds raid the house, arrest the owner and then look to the deep pockets of the lender for funding the criminal behavior.

May 06, 2017 08:32 AM
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

Interesting that they put pot at the top -- probably what they were really going for.

May 06, 2017 02:50 PM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Oh, my - another reason to waste trees, Kathleen! I'm assuming this new certification came as a result of CA's legalization of marijuana? I wonder if CO or WA have this same certification requirement. 

May 06, 2017 06:53 PM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Another new form and like you, Kathleen, if a person is breaking the law why wouldn't they sign the form and say they weren"t? The government is so dumb on things like this and others.

May 06, 2017 07:31 PM
Wayne Johnson
Coldwell Banker D'Ann Harper REALTORS® - San Antonio, TX
San Antonio REALTOR, San Antonio Homes For Sale

Well intentioned, and whoever came up with the idea feels pretty good about this.

May 07, 2017 08:44 PM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Hi Kathleen... have not yet come across this one... but I'm sure the day is coming!

May 10, 2017 05:19 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

That's a new one to me, Kathleen. Pretty funny, actually. I think they left off a few sins. Does it have to be notarized?

Jeff

May 11, 2017 07:15 AM
Rob Spinosa
US Bank - Larkspur, CA
Mortgage Loan Originator, Marin County

One would think after the qualification process itself, the borrower would have met ability to repay (ATR) so adding this disclosure would be superfluous.  But then you have to thank our lawmakers for the additional confusion that stems from the fact that HELOC loans are treated differently under Dodd-Frank, so I suppose yet another disclosure to say, "Hey, can you really repay this loan?" is, in their eyes, a good idea.  

IMO, the addition of each disclosure creates a "numbing effect" for all the others.  Nobody stopped to realize that at a certain point the borrowers become overwhelmed and simply stop reading what they're signing.  

If I were left to redesign the closing process, I would get it all down to 10 pages.

Jun 05, 2017 06:52 AM
Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

I wonder if those guidelines only apply to U.S. citizens for owner occupancy??? What if it's a cash buyer - nobody would never know; nobody would care. 

Jun 29, 2017 08:21 PM