I opened this morning's paper and read the headlines: "Struggling owners lost homes to scams". The thing that surprised me, as I read the article, is that it took so long for the criminals to get busted.

As a realtor, I often tell anyone who will listen that they need to be on the lookout for scams and swindlers and other pitfalls that a realtor will help them avoid. Over a year ago, I followed the story about a distraught homeowner that had lost his home in a scam, and was suing the perpetrators of the swindle. The crooks were being represented by one of the most high profile criminal attornies in the state, a Mr. Michael Green. Mr. Green was all over the evening news, describing the basis of his clients innocence, summing it up as: "The Homeowners knew what they were doing. They willingly and knowingly signed over the title to their property to my clients. There was no deception at all."

Of course, it was a scam. Now, I'm not saying that all of those "We Buy Houses" type signs are scams, but this one certainly was. Sometimes, they are just simply bad deals. For more on that aspect, read They're Baa-aack!; this is a blog I had ironically written about yesterday.

For the details of the perpetration of the scam that is the subject of today's headlines, here's how this particular scam worked:

  1. The defendants find struggling homeowners who are in jeopardy of foreclosure ("We Buy Homes" - sound familiar?)
  2. Defendants convince the homeowners that they will save their home by refinacing the home in their names, and allow the homeowner to "rent back" during the process.
  3. Homeowners sign over their homes.
  4. Defendants, using a partner as a "straw buyer", gets a loan to purchase the property, for an amount higher than the homeowners mortgage balance; the 'partners' share in the profit from the loan.
  5. The "straw buyer" puts up no money, just fraudulently applies for the loan in their name.
  6. The profit is divided between the "We Buy Houses" perpetrator and the fraudulent applicant. The buyers also collect standard transaction fees and commissions.
  7. The "straw buyer" never makes any payments on the loan, and defaults on the loan. The lender takes possession of the property, and the original homeowner is out in the streets.

This particular case that I am relating to you here involves five people, including loan officers who portrayed themselves as "middle men" between the buyers and sellers of the property.

The FBI says that they are investigating several more cases of this type of fraudulent activity that was prevalent during the years 2004 through 2006, and this case is just the first of many more to come.

The wheels of justice grind slowly, but at least they are still rolling on.

 
Post is included in group: Realtors®
Post is included in group: ETHICS and the REALTOR

10 Comments on Mortgage Fraud Bust in Honolulu

MAY
30
2008
953,352 Points 93 Featured Posts Outside Blog Called Shot Master

Thanks for sharing.  We need to keep this out infront of the consumers.  Most do not get it when it comes to the real stakes that are involved.

12:17pm • #1
3 Featured Posts

Jim - Thanks for your comment; you're so right. BTW, great post on Real Estate 101.

Heath - Amen Brother!

12:47pm • #3
MAY
31
2008
970,267 Points 245 Featured Posts Localism Sponsor Outside Blog Called Shot Master

I read that this morning!  We knew there were some weird stuff going on....now we see it coming full swing and out in the open. Good. I'm glad the consumer is getting warned big time...as well as others who think they're being sneaky.

1:26am • #4
869,163 Points 4 Featured Posts Outside Blog

A classic example of equity skimming. Michael. One of the most important documents in detecting this fraud is the original sales agreement and any addenda to that agreement that the criminals used to swindle the homeowner. Hope those thieves spend a long, long time in prison. Thanks for posting this.

2:51am • #5
3 Featured Posts

Sally - Remind me to tell you about the guy who wanted to partner with me; turned out the Atty. Gen. on the Big Island was looking for him for running one of these scams.

David - I would love to see just what those documents looked like. Thanks for your comments.

12:05pm • #6
1,405,835 Points 54 Featured Posts Outside Blog Called Shot Master

Michael...it's good to here that some of these fool's are being put away.

12:09pm • #7
SEP
19
2008

I lost millions of dollars to even more complex, real estate scam artists here in Oahu, yet the crooks and their straw partners were able to "walk" free, as of now, 3.5 years later thanks to the help of local attorneys eager that in my opinion were as bad as the crooks that perpetrated the fraudulent title forgeries.  It still seems to me that it's very clear to organized crime and crooks know that there is a huge loophole opportunities for them to pull off BIG-TIME crimes like stealing our homes and they can get away with it for several reasons:  FBI and enforcement authorities are so under-staffed that they cannot deal with such white collar crimes, the incredible manipulative tactics that enough (greedy, ill-begotten) lawyers can exercise in defending their perpetrator clients, and such incredibly lax regulatory measures enabling escrow and title companies from not doing enough due diligence that would protect fraudulent conveyances. In our case, the fraudulent conveyances occurred without our knowing about it (much less agreeing to any kind of a deal), to zero consideration given in the multi-million dollar transaction, to not receiving from the Escrow Company nor the Title Co any notice of the conveyance, and the transaction involving an individual that had just gotten out of Lompoc Prison -for mortgage fraud.  I believe the crooks were extremely sophisticated in their scam and it's very hard to protect against this type. And I think our local Title Companies will do whatever they can (including paying a tons of money) to keep this from the public who trusts them with safeguarding their most valued nest-egg home assets.  

GRAND
1:54pm • #9
243,011 Points 29 Featured Posts Localism Sponsor Outside Blog

We saw a huge mortgage bust in Anchorage not that long ago.. same type of schemes.  There will always be criminals who look to take advantage of a situation and folks need to be diligent to protect themselves. 

7:35pm • #10


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Michael S. Mackey REALTOR® ABR, CRS, GRI, RSPS

Mililani, HI

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CENTURY 21 All Islands

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