| |
11-6 fraud day 2
I've
gotta say right up front, I'm not used to attending seminars where
other attendees are packing heat. While it might come in handy at some
of the real estate conferences I've been to (especially when what's his
name heads for the microphone yet again), we're a pretty tame bunch
considering our reputation. However, as I mentioned yesterday, at
Rachel Dollar's MortgageFraudBlog.com
Conference, the audience is heavy
with law enforcement and a few heaters are much in evidence. It does
make you a little wary and you don't nod off as much when the guy next
to you is sporting a small canon on his hip and pepper spray.
However,
thankfully Day 2 was lacking in events that might lead to gunplay and
the agenda was more slanted toward the schemes and trends rather than
the enforcement strategies of yesterday. Many of us have been exposed
to one or more of these schemes but I'll do a quick run-down for those
of you who may have been blessed to live in an area that has thus far
been spared the fraudsters arrows.
First you need to understand
there are only two kinds of markets in the U.S. - those that have
already experienced real estate fraud and those that will.
Breaking
that down further, there are two main categories of real estate fraud:
- Fraud for
Property
- by far the most prevalent and previously unprosecuted. This category
includes all the little 'fibs' buyers tell to qualify for a house.
Mis-statements of income or employment, work history, whether they plan
to reside in the property of not - things like that. Everybody knew it
went on, frequently with the encouragement of an agent or a lender to
'help' somebody get that loan. As long as the market was on
high-speed cruise everything was capacetic and nobody got hurt but, as
the saying goes, the minute the tide started going out it exposed all
the people
who weren't wearing their bathing suits. As these people increasingly
default on their loans, lenders and prosecutors are increasingly likely
to go after them to recover the damages from the fraud. If the lender
or an agent was culpable, they'll be brought into the mix as well.
- Fraud for
Profit -
this has been the most pervasive and damaging on a large scale. This
category encompasses the major scams and network operations resulting
in 1000's of homes lost and billions of dollars in damages. This is
where the pro's play and the serious money changes hands. This is why
some of the attendees wear guns. I'm going to cover only the first 3 or
4 of these schemes tonight in the interest of space and
because I
just flew into Orlando from Miami and I'm dog tired. These scams
include:
- The Classic
-
where a home is listed for sale for $300,000 and a 'Buyer' comes in
offering $450,000 with the overage being returned to some 3rd party at
close of escrow. This was extremely popular during the big price run-up
prior to 2006 and typically involved the collaboration of lenders,
appraisers, agents and escrow/closing agents to perpetrate. While still
out there, it is becoming much more difficult to pull these inflated
sales prices in our deflating markets although I just had a Realtor
send me 14 recent cases of this occurring in her market within the past
90 days. In addition to the others involved, the success of this scam
often includes a -
- Straw Buyer
- typically someone who does not exist at all but has been created from
whole cloth by the ringleader to act as a buyer. That's why you rarely
ever meet the 'buyer' in these transactions, their signatures may not
match from one document to the next and they never move into their new
home. More often a straw buyer is someone the ringleader has hired to
play the part. They may even lend their true identity including their
good credit for fees ranging as high as $10,000 to enable a ringleader
to purchase one or more properties using their identity. Initially
viewed as another victim in the scheme, law enforcement is increasingly
prosecuting these individuals either as co-participants to the fraud
or to leverage their testimony to bring down the ringleaders.
- Air Loans
- are becoming more prevalent right now.
An air loan involves a lender industry insider making a loan typically
to a straw buyer for a non-existent property. This type of scam is
usually initiated as a short-term cash flow fix by a lender to cover
another bad debt or non-performing asset. The revenue generated from
this loan covers the deficit in the first loan in hopes that the first
loan will start performing again in the next month or two. Of course we
know in this market they rarely do so a couple months later the
fraudster has to float another air loan to cover that 2nd loan, leading
to another and another and... In addition to paying off part of the
prior loans, there's usually a little bit that sticks to the fraudsters
fingers on the way past. If this sounds sounds like a classic Ponzi
it's only because it is except it's usually just one inside guy at a
bank generating loans on forged documents to someone who doesn't exist
for a property that isn't there.
- Double
Sales - is pretty much what it sounds like. A lender will
sell a loan twice - say once to a Countrywide and a second time to a
Fannie Mae, for example. This actually happens by accident more often
that you might expect but it's usually noticed within a couple days and
the lender calls one party or the other and cancels one of the
transactions. But sometimes it isn't an accident and the lender simply
pockets the proceeds from one of the transactions. That might net you a
few hundred thousand and may go undiscovered until the buyer starts
getting mortgage bills from 2 different companies in 7 or 8 weeks. Now
imagine you're a lender that pulls that trick on a few loans a day for
3 or 4 weeks until you pack up one afternoon with the little redhead
from HR and head off to a small beach house in Belize. Or maybe the
blond from accounting to Costa Brava? Heck, why not both?
Well,
there's more but that's all I'm going to talk about today. There's
easily another half dozen or more major categories that we know about
today. By tomorrow there'll be more. Because unfortunately as soon as
we - Realtors, Lenders & law enforcement - figure out what
they're up to and how to crack one scam, the perpetrators have moved on
to another, and another. Right now there are people out there working
out the details of how to lay their clammy little hands on as much of
that $1 trillion bail-out money as they can.
And Realtors are on the front lines of this battle. Law enforcement
only learns about it after the fact - usually after it's been done
several times and they can pick up a pattern and follow the paper
trail. Lenders usually come to the party late too. Oh, they're out in
fron on some of the deals like the air loans and double sales, but as
with The Classic, Realtors knew something was amiss years before the
lenders suffered their first loss.
Realtors - we're part of the solution - not part of the problem. Make
it so.
Gene
Wunderlich - Selling Southwest California Homes including
Temecula, Murrieta & The Southern California Wine Country
Remember, Don't wait to buy real
estate - Buy real estate and wait.
'
MortgageFraudBlog Conference - Day 2'
THE
OPINIONS IN THIS
COMMENTARY ARE STRICTLY GENE WUNDERLICH's PERSONAL OPINION. WHILE ANY
REASONABLE &/or RATIONAL PERSON SHOULD AGREE, THESE VIEWS MAY
NOT
REFLECT THOSE OF ACTIVERAIN, COLDWELL BANKER RESIDENTIAL BROKERAGE OR
ANY LOCAL, STATE OR NATIONAL ASSOCIATIONS.
Post is included in group:
ETHICS and the REALTOR
Post is included in group:
Mortgage, Foreclosure & Elder Abuse Housing Fraud
Post is included in group:
Realtors®
Post is included in group:
The Lounge at Active Rain
Post is included in group:
True Mortgage Professionals
|
10 Comments on MortgageFraudBlog Conference - Day 2
Leave a response
|
|
|
|
Gene Wunderlich - Realtor®, Government Affairs Director
Temecula,
CA
More about me
Southwest Riverside County Association of Realtors
Office Phone: (951) 894-2571
Cell Phone: (951) 205-1911
Email Me
Links
Archives
|
Interesting Blog.... You going to see alot more of this with this tight market and people get desparate