November 02, 2006

The end is here. Mortgage fraud. Corruption. Funny money. And an out of control system implodes.

This crash will be the biggest in the history of humanity. So much debt and fraud accumulated over the past five years, that it'll take the mother of all unwindings.

The world has never, ever seen anything like this. The Dutch tulip mania is childsplay versus this debacle. The housing crash of 2006 - ? will be the biggest financial story of your lifetimes. Nobody is safe, and even you HP'ers will be amazed when you find out what's gone on under your noses these past few years.

Where were our leaders? Where was the media? Where were the auditors? How could this happen?

Duck and cover. Head to the shelters. A financial implosion that will shake the world is here.

Recently, a developer regaled me with a story about a house that seemed to be cursed.

Although he beautifully renovated it and priced it below market, the Oakland bungalow just wouldn't sell. Deals fell through repeatedly for bizarre and unrelated reasons: Buyers got cold feet or moved -- one was even arrested.

By the time the fourth deal collapsed, the developer was in a state of financial panic. So, when one of the mortgage brokers who had helped a previous prospective buyer called with a new one who would close the deal for -- get this -- $100,00 over the asking price, he naturally jumped at the offer.

"The catch was that I had to give the $100K back to them after the close of escrow," the guy told me, still looking shell-shocked. "I couldn't understand why they would want to do that. The place was completely remodeled."

(Most buyers who get cash back after escrow pour that money into repairs. Typically, though, lenders like to keep this amount to no more than 3 percent of the purchase price.)

The developer went through with the sale, wondering what his buyers (whom he never met) were up to. Because he wasn't lying about anything -- everything was disclosed on the purchase contract -- he didn't feel he was doing anything wrong.

A couple weeks later, another friend who is a real estate agent called me. "I think I have a scoop for you," he told me, his voice vibrating with gumshoe grit. He'd heard that a prominent East Bay company was training its agents to inflate properties by $50,000 to $150,000, then have sellers return the cash after the close of the deal.

Unlike the arrangement with the developer, these deals were concealed from lenders by adding the cash-back arrangement onto an addendum apart from the purchase contract.

How did my friend hear about this practice? A local manager of a prominent real estate company had tipped off my friend's broker over lunch. The manager, who had been shocked at the behavior, had then gone back and looked at his own agents' files to see whether the practice ever happened in his own office. "The guy said he found so many in his own files in the past couple weeks, he didn't want to look anymore," my agent friend said.

What exactly was happening here? The developer didn't think he was doing anything illegal, and the broker had no idea the inflation was happening on his watch. But in both cases, everyone involved probably would have been considered at least partially culpable if the lenders could mount a case that they were being deceived.

It's the convoluted world of mortgage fraud, a crime in which it's sometimes hard to disentangle victim from criminal, and crime from business as usual.

Why? In the years of booming appreciation and bargain-basement interest rates, real estate has become a national obsession. With it have come certain run-of-the-madness practices:
Appraisers agree to inflated property values. (By next month, the market will go up so much, they'll be valid.)

Agents write offers with increasing amounts of cash back. (How else can the poor homeowners get that Viking range?)

Mortgage brokers play the "We'll get you that loan no matter what" game of social engineering. (How else can schoolteachers buy a home?)

But now the proverbial vultures have come home to roost -- mortgage fraud is being busted left and right.

Often, these buyers don't know they are breaking federal laws or defrauding lenders (sometimes agents or mortgage brokers coach them to fill out the applications not according to the truth but according to what the banks want to see). Even investors, such as the notorious real estate loser Casey Serin, of http://www.iamfacingforeclosure.com/ fame, can convince themselves they are doing business as usual.

Whatever the case, it's important that we don't allow mortgage fraud to continue as one of those little illegal real estate things everyone does. Just as credit card fraud ends up on all our monthly bills, homeowners end up paying for lenders who get defrauded. As the saying should go, there is no free mortgage.

14 comments:

Anonymous said...

The world, it seems, is full of liars and conmen, even the people who style themselves as independent commentators.

Vote Dem this time, I'm speaking to the conservatives here, the true conservatives who hate BushCo as much as I do.

Anonymous said...

This cash back after closing, under the table to the buyer is VERY common right now. I know of a few deals that are closing that this is going on. I don't really have a problem with it, the buyer is still paying for the loan. So what if he gets a little extra back at closing to cover credit card bills, go on vacation or whatever. How's that different than him getting a Heloc for the same thing later, just at a lower interest rate and better terms.

But the amount of fraud is rampant, with everyone involved, buyer, seller, agent, broker, appraisers, etc. Everyone who wants to play in the game is doing whatever it takes to make the loans go thru, especiallly now that there are less players in the game (buyers).

Take care.

Anonymous said...

As to voting for Dems vs. Repubs.....whatever....doesn't matter one iota. Dems have NO PLAN, the repubs have sold their souls and are not doing what they are supposed to do (small govt, etc)

God help us, as we are screwed.

Anonymous said...

I long for the days of an authentic, genuine, Potemkin village. You know what I'm talking about - a nice place with a decent facade, propped up by suitable bracing, like a sturdy 2 x 8. Now, alas, all that remains is something akin to a holographic image of a Potemkin village.

Anonymous said...

Vote democrat? OK, what about Franklin Raines, former Clinton CBO, the ex ceo of Fannie Mae?

Big mistake to just blame republicans for the real estate run up.....

Bill said...

Back when I bought my home 1993, I asked the lender if I could borrow more than what I needed as I wanted to make upgrades and did not want to have to refi or anything like that..heck I dont even remember seeing HELOC or even a mention of it.

Anyway true story when I asked to borrow more his exact words were:

"Oh know we can not do that it would be Illegal" this was when 20% down was the norm or they would not even talk to you.

Man do I kick myself in the ass for missing this " The good ship Dollar giveaway" I would be sitting somewhere warm drinking umbrella drinks and feeling pretty good right now.

But that would be converting to the darkside to late for what if's. My thing is, is how are we going to recover from this mess.

Anonymous said...

Yeah, all that old-fashioned claptrap about integrity and honesty is out the window these days. "Just make the f*#king deal work!" is how RE operates in 2006.

It's almost as bad as saying two fags in a hump fest are "married", and kids in middle school who can't write a sentence are "educated". As a society we reap what we've sown...

Anonymous said...

I don't think it matters whether you vote republican or democrat - they are mostly lying corrupt evil scumbags.

I agree with Keythe that this is gonna be the Mother of All Unwindings.

It's not just going to be a simple unwinding - where did all those mortgages go? Did all that toxic waste get securitized and palmed off to "investors"? What about all those credit default swaps? Where are the books for FNM? Shouldn't that festering piece of ooze have been delisted years ago? I think as the housing bubble implodes, the US (and for that matter, the world) financial systems will show significant stress.

I might just be testy because miserable, festering pustule on the ass of mankind Jim Flaherty screwed up the Canuckistani income trusts I held. That one thing cost me more than most people will lose in the bubble collapse. I hope I live long enough so that I can desecrate his grave, that is if they don't bury him in some secret place, away from grumpy investors. Not that I am bitter.

Anonymous said...

That should be "hold" - maybe we get a bounce after the initial reaction, I hope.

Paul E. Math said...

Muhammed, that income trust loophole was backdoor corporate welfare. It was wrong. The income trust loophole needed to be closed and I'm glad someone in power had the balls to do it. I'm beginning to suspect that we are in that rarest of moments in Canada where the right party is in power and the administration is too new to have become corrupt. Yet.

Anonymous said...

lawyers, collection agency owners, financial forensic experts will be the ones to benefit. I smell a Resolution Trust Fund II in the making big time. There's going to be a lot of political and business dirt to dish out and some of it will likely be used for extortion purposes in the years to come.

I am so elated I stuck to my convictions and didn't get my tit in this wringer. Thanks HP for the validation of my opinions when nearly everyone else looked at me like an escaped mental patient.

Smug Bastard

Anonymous said...

I knew these Canadian income trust things would not last.

They were being promoted by various newsletter writers as a way of getting good retirement money. As a rule, I never invest in anything complex as it is just a confusing way of shaving off some taxes by forcing you to fill out too many forms at tax time.

I wonder what will happen to the valuations of stocks when they start bringing back the marginal rates of the 1950-1970's. They will sacrifice the productive just to preserve the welfare state.

Anonymous said...

My thing is, is how are we going to recover from this mess.
++++++++
This is my greatest fear. It appears the entire credit bubble has been built mainly upon fraud. I wonder how many people have been caught up in fraud unawares? That is, they were led astray by unscrupulous mortgage brokers, appraisers, and/or real estate agents?

Anonymous said...

There was a Sunday front page article a couple weeks ago on a realtor who was working this type of scheme. I included the abstract from the newspapers archive in case anyone wants to purchase the whole article............

Tampa Tribune - Tampa, Fla.
Author: SHANNON BEHNKEN
Date: Oct 22, 2006
Start Page: 1
Section: NATION/WORLD
Text Word Count: 3982



Abstract (Document Summary)



In one of the largest transactions that [Dawn L. Molen] represented, two sets of documents were used to obtain financing from a commercial lender, a potentially fraudulent act. The document on file with the broker shows $120,000 being paid to another entity. In the document the lender received, the figure is absent. Both documents were signed by the buyers, sellers and closing agent, according to documents obtained by the Tribune. It's illegal to "knowingly make false statements" on federal housing forms. The law is cited on the documents.

That deal happened in April, when Molen presented an offer to buy a home at 1389 40th Ave. N.E. in St. Petersburg for $600,000 - $70,000 more than the list price. Documents provided to Molen's broker list a $120,000 "payoff" to one of the local companies that appears in many other deals. It is a company run by an associate of Molen's.

[Doug Nail] evaluated one of Molen's sales, at 5244 46th Ave N., for the Tribune, without relying on recent sales represented by Molen. He estimated the house's value at about $145,000. One of Molen's buyers paid $250,000 for the house in September.