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December 29, 2008

Five Myths About Loan Modification

Loan Modification Myth.jpg As I’ve been telling my readers for years, relief is available for homeowners facing the prospect of losing their home in foreclosure, yet far too many homeowners are reluctant to pursue their options, including loan modification. In many cases, people are simply confused or ill informed. In other cases, they have had such a bad experience with their lenders and with bill collectors and attorneys to trust anyone who offers assistance.

The truth is that help is available to homeowners through the loan modification process. For homeowners who qualify, lenders are able and often willing to adjust the terms of the loan and even, in some cases, reduce the balance due, to make the monthly payments more affordable.

Unfortunately, homeowners often mistakenly think they cannot possibly qualify or some other psychological barrier is standing between them and the help they need. To overcome any barriers that might be standing in your way, the following list busts the top five myths about loan modification:

LOAN MODIFICATION MYTH #1: My bank wants me out of my house. / My bank wants my home. Banks and other lending institutions do not want to foreclose. They earn more money if you can make your payments. When they foreclose, they not only lose your monthly payments, but they also have the expense of foreclosing (attorney fees), rehabbing the home, and then selling it (agent commissions). In today’s market, there’s a good chance they’ll have to sell the home at a loss. This is all good news for you – it means the bank is highly motivated to make a deal with you.

LOAN MODIFICATION MYTH #2: My credit score is bad so I won’t qualify. Unlike the option of refinancing out of trouble, which requires you to apply for a new loan, loan modification simply adjusts the terms and perhaps reduces the balance of a loan you already have. Your credit score is much less of a factor in determining whether you qualify for a loan modification. In addition, a successful loan modification can actually improve your credit score over time, especially if it prevents you from ending up in foreclosure or bankruptcy.

LOAN MODIFICATION MYTH #3: I am not late on my mortgage payments so I won’t qualify. / I have to miss a payment to be eligible. Early on, this was true. In fact, some early eligibility requirements stated that you had to be 61 days delinquent in order to qualify. In other words, you would have had to have missed two full payments. The truth is that the eligibility requirements are constantly changing and differ among lenders. Many lenders are now working out loan modifications with borrowers who are up to date on their payments. It’s difficult to determine whether you qualify until you actually discuss your situation with the lender or with an attorney who is knowledgeable and experienced in loan modifications.

LOAN MODIFICATION MYTH #4: I would be better off walking away or declaring bankruptcy than modifying my loan. Walking away from the home and filing for bankruptcy are certainly two options, but they are rarely the best options when you are facing foreclosure. If you simply walk away, the lender is unlikely to pursue legal action against you, but in some jurisdictions, the lender can pursue a deficiency judgment against you to collect the difference between what the lender receives for your home at auction and what you currently owe on the balance of the mortgage. Filing for bankruptcy may be better than just walking away, but it can leave a blemish on your credit history that makes it difficult to borrow money in the future. A successful loan modification is almost always a more prudent choice.

LOAN MODIFICATION MYTH #5: It’s too late. I have already received a foreclosure notice. As long as you still reside in the home – that is, you didn’t voluntarily abandon it, and the home hasn’t been sold at a foreclosure auction – you may still have time to work out a loan modification with your lender. The sooner you take action, the more options you have available and the more time you have to pursue the best option, but you can still negotiate late into the process. By contacting the lender or, better yet, having your attorney contact the lender on your behalf, you demonstrate a good faith effort to work out a solution and can often buy yourself extra time to negotiate a loan modification.

I’ll post a few more loan modification myths later in the week. In the meantime, if you have a loan modification-related question, please leave a comment by clicking on the “Comment” link below.

Posted By: Ralph Roberts @ 2:57 pm | | Comments (21) | Trackback |
Filed under: Loan Modification Myths

December 18, 2008

Information on Avoiding Foreclosure

While elected officials in Washington, D.C. were busy bailing out Wall Street, Main Street homeowners were left wondered whether anyone was considering their plight. With the economy crashing down in sectors all around us and unemployment on the rise, now more than ever, millions of homeowners face the daunting prospect of losing their homes to foreclosure.

As you’ll see in the following video from Carol Biaggi of Bloomberg Television/Bloomberg On Demand, missed mortgage payments may not necessarily mean you’ll automatically be forced from your home:

Lenders have a lot of tools at their disposal to help distressed homeowners stay in their home, including loan repayment plans, forbearance programs, and loan modifications. In the weeks and months to come, I’ll provide additional information, tips, analysis, and warnings related to all three options and more. In the meantime, if you have a question or recommendation about loan modification, please free to post it here on FlippingFrenzy.com.

Posted By: Ralph Roberts @ 8:00 pm | | Comments (4) | Trackback |
Filed under: Foreclosure, Loan Modification

December 17, 2008

Greenleaf Companies, Eric Gagnepain and Scott Dasal Accused of Mortgage Fraud in Missouri

Real Estate Company of Missouri.jpg

The Securities Division of Missouri’s Secretary of State office has issued a Cease and Desist Order against Greenleaf Companies, LLC, a Springfield, MO-based real estate company accused of selling more than $15 million worth of unregistered real estate investments to Missouri investors.

Greenleaf is accused of seeking out Missouri investors with good credit, offering an investment return of $10,000 in exchange for use of their credit to obtain financing for single-family homes. Missouri’s investigation found that each investor purchased a home recommended by Greenleaf, and did so under assurances that the company would make monthly payments and manage the property. The Secretary of State’s office received formal complaints from investors when their payments stopped in June 2008.

Missouri Secretary of State Robin Carnahan:

“This type of scheme has no place in Missouri. Missourians have a right to get the facts they need to make informed investment decisions. Greenleaf failed these investors at every turn. In these tough economic times, my office will aggressively investigate and stop those who wish to defraud Missourians.”

The Cease and Desist Order states that Greenleaf promised to send investor funds each month to pay principal, interest, taxes and insurance on homes, and The Real Estate Company of Missouri or Greenleaf would manage and maintain the property for three years. At the end of the three years, Greenleaf would sell the property and pay off the purchase loan. Greenleaf allegedly guaranteed to some investors that it would purchase the property if it did not otherwise sell.

The Order charges that Greenleaf began missing principal, interest, tax and insurance payments to investors for the houses in May 2008. Many Missouri investors have received no payments since June 2008, and several homes involved in these investments have been foreclosed upon or are scheduled for foreclosure.

The investments sold by Greenleaf and a related company, The Real Estate Company of Missouri, and their organizers Eric Gagnepain and Scott Dasal, were not registered as required by law. Both of the companies, Gangepain and Dasal are alleged to have also failed to provide material information about these offerings to their investors.

For its part, Greenleaf Companies released the following statement:

On Tuesday, December the 16th, 2008, representatives from Greenleaf Companies and The Real Estate Company of Missouri met with representatives from the Attorney General’s Office and agreed on the companies’ business going forward. Many of the changes requested of the companies were minor with respect to the companies’ current operations; therefore, an agreement was easily reached. We appreciate the Attorney General’s efforts to protect the citizens and consumers in the State of Missouri. It is and has been Greenleaf’s intention to cooperate and support this effort in every possible way. This agreement will be filed as a matter of the court’s record.

Greenleaf Companies has always adhered to the advice of outside legal counsel with regard to securities practices. The company looks forward to the continuation of the cooperative relationship it has had with the State Division of Securities.

Posted By: Ralph Roberts @ 11:07 pm | | Comments (30) | Trackback |
Filed under: Missouri, Mortgage Fraud

December 15, 2008

60 Minutes on More and Looming Mortgage Defaults

Here’s last night’s 60 Minutes report by Scott Pelley on the mortgage meltdown that’s far from over, with a second wave of expected defaults on the way that will likely deepen the bottom of our current recession (notice though that the word “fraud” never appears once in the report):

A Second Mortgage Disaster On The Horizon?
Dec. 14, 2008

(CBS) When it comes to bailouts of American business, Barney Frank and the Congress may be just getting started. Nearly two trillion tax dollars have been shoveled into the hole that Wall Street dug and people wonder where the bottom is.

As correspondent Scott Pelley reports, it turns out the abyss is deeper than most people think because there is a second mortgage shock heading for the economy. In the executive suites of Wall Street and Washington, you’re beginning to hear alarm about a new wave of mortgages with strange names that are about to become all too familiar. If you thought sub-primes were insanely reckless wait until you hear what’s coming.

One of the best guides to the danger ahead is Whitney Tilson. He’s an investment fund manager who has made such a name for himself recently that investors, who manage about $10 billion, gathered to hear him last week. Tilson saw, a year ago, that sub-prime mortgages were just the start.

“We had the greatest asset bubble in history and now that bubble is bursting. The single biggest piece of the bubble is the U.S. mortgage market and we’re probably about halfway through the unwinding and bursting of the bubble,” Tilson explains. “It may seem like all the carnage out there, we must be almost finished. But there’s still a lot of pain to come in terms of write-downs and losses that have yet to be recognized.”

In 2007, Tilson teamed up with Amherst Securities, an investment firm that specializes in mortgages. Amherst had done some financial detective work, analyzing the millions of mortgages that were bundled into those mortgage-backed securities that Wall Street was peddling. It found that the sub-primes, loans to the least credit-worthy borrowers, were defaulting. But Amherst also ran the numbers on what were supposed to be higher quality mortgages.

“It was data we’d never seen before and that’s what made us realize, ‘Holy cow, things are gonna be much worse than anyone anticipates,’” Tilson says.

The trouble now is that the insanity didn’t end with sub-primes. There were two other kinds of exotic mortgages that became popular, called “Alt-A” and “option ARM.” The option ARMs, in particular, lured borrowers in with low initial interest rates - so-called teaser rates - sometimes as low as one percent. But after two, three or five years those rates “reset.” They went up. And so did the monthly payment. A mortgage of $800 dollars a month could easily jump to $1,500.

Now the Alt-A and option ARM loans made back in the heyday are starting to reset, causing the mortgage payments to go up and homeowners to default.

“The defaults right now are incredibly high. At unprecedented levels. And there’s no evidence that the default rate is tapering off. Those defaults almost inevitably are leading to foreclosures, and homes being auctioned, and home prices continuing to fall,” Tilson explains.

“What you seem to be saying is that there is a very predictable time bomb effect here?” Pelley asks.

“Exactly. I mean, you can look back at what was written in ‘05 and ‘07. You can look at the reset dates. You can look at the current default rates, and it’s really very clear and predictable what’s gonna happen here,” Tilson says.

Just look at a projection from the investment bank of Credit Suisse: there are the billions of dollars in sub-prime mortgages that reset last year and this year. But what hasn’t hit yet are Alt-A and option ARM resets, when homeowners will pay higher interest rates in the next three years. We’re at the beginning of a second wave.

“How big is the potential damage from the Alt As compared to what we just saw in the sub-primes?” Pelley asks.

“Well, the sub-prime is, was approaching $1 trillion, the Alt-A is about $1 trillion. And then you have option ARMs on top of that. That’s probably another $500 billion to $600 billion on top of that,” Tilson says.

Asked how many of these option ARMs he imagines are going to fail, Tilson says, “Well north of 50 percent. My gut would be 70 percent of these option ARMs will default.”

“How do you know that?” Pelley asks.

“Well we know it based on current default rates. And this is before the reset. So people are defaulting even on the little three percent teaser interest-only rates they’re being asked to pay today,” Tilson says.

That second wave is coming ashore at a place you might call the “Repo Riviera” - Miami Dade County. Oscar Munoz used to sell real estate; now his company clears out foreclosed homes.

“Business is just going through the roof for us. Fortunately for us, unfortunately for the poor families who are going through this,” Munoz explains.

“I wonder do you ever come to houses where the people are still here?” Pelley asks.

“Absolutely,” Munoz says. “That’s really a sad situation. I’d rather not meet the people.”

Asked why not, Munoz says, “It’s not easy to come in and move a family out. It’s just our job to do it for the bank. It’s just the nature of what’s going in the market right now.”

Munoz says his company alone gets about 20 to 30 assignments per day. “And we’re one of the few companies right now who are hiring. We have to hire people because the demand is so high,” he tells Pelley.

People who’ve been evicted tend to leave stuff behind. The next house is usually much smaller. Banks hire Munoz to move the possessions out where, by law, they remain for 24 hours. Often the neighbors pick through the remains.

Once the homes are empty the hard part starts - trying to find buyers in a free-fall market.

Miami real estate broker Peter Zalewski talks like a man with a lot of real estate to move. “We have 110,000 properties for sale in South Florida today, 55,000 foreclosures, 19,000 bank owned properties. Sixty-eight percent of the available inventory is in some form of distress. They need someone to clean it up.”

Asked what the name of his company is, Zalewski says, “It’s called Condo Vultures Realty.”

What does that mean?

“That in times of distress, and in times of downturn, there’s opportunity. And you know, vultures clean up the mess. A lot of people seem to think they kill, but they don’t actually kill, they clean,” he says.

The killing, in Miami, was done by the developers back when it seemed that the party would never end. They sold hyper-inflated condos at what amounted to real estate orgies-sales parties for invited guests who were armed with option ARM and Alt-A loans. “There were red ropes outside. They had hired cameramen, and they had hired photographers to almost set the scene of a paparazzi,” Zalewski remembers.

“They were hiring fake paparazzi? To make the customers feel like they were special?” Pelley asks.

“You were selling a lifestyle,” Zalewski says.

Asked what roles these exotic mortgages played, Zalewski says, “They were essential. They were necessary. Without the Alt A or option ARM mortgage, this boom never would’ve occurred.”

It never would have occurred because without the Alt As and the option ARMs, many buyers never would have qualified for a loan. The banks and brokers were getting their money up front in fees, so the more they wrote, the more they made.

“They stopped checking whether the income was even real. They turned to low and no-doc loans, so-called ‘liar’s loans’ and jokingly referred to as ‘ninja loans.’ No income, no job, no assets. And they were still willing to lend,” Tilson says.

“But help me out here. How does that make sense for the lender? It would seem to be reckless, in the extreme,” Pelley remarks.

“It was,” Tilson agrees. “But the key assumption underlying, the willingness to do this was that home prices would keep going up forever. And in fact, home prices nationwide had never declined since the Great Depression.”

On the way up, everyone wanted in. No one expected to feel any pain. People like acupuncturist Rula Giosmas became real estate speculators.

Giosmas says she bought about six properties in this last five-year period as investments. She says she put 20 percent down on each. Now they’re all financed with option ARM loans.

Asked what she understood about the loans, Giosmas says, “Well, unfortunately, I didn’t ask too many questions. I mean in the old days, I would shop around. But because of the frenzy, and I was so busy looking to buy other properties, I didn’t really focus on shopping around for mortgage brokers.”

“But if you’re investing in real estate, you’re buying multiple properties, you should be asking a lot of questions,” Pelley remarks. “Why didn’t you ask?”

“I was busy. I was really busy looking at property all the time, all day long,” she replies.

She also acknowledges that she didn’t read the paperwork. Now she’s losing money on every property.

“You know that there are people watching this interview who are saying, ‘You know, she was just foolish. She was greedy and foolish. She was buying small apartment buildings and wasn’t paying enough attention to how they were financed,’” Pelley points out.

“My full-time job is I’m an acupuncturist. So, this was just a side thing,” she says.

Giosmas says she was misled and she hopes to renegotiate her loans. But many other buyers have simply walked away from their properties. One Miami luxury building was a sellout, but when 60 Minutes visited, a quarter of the condos were in foreclosure.

Zalewski says one of those condos was originally purchased in October 2006 for $2.4 million. Now he says the asking price from the lender is $939,000.

And there are tough years to come because, just like the sub-primes, the Alt-A and option ARM mortgages were bundled into Wall Street securities and sold to investors.

Sean Egan, who runs a credit rating firm that analyzes corporate debt, says he expects 2009 to be miserable and 2010 also miserable and even worse.

Fortune Magazine cited Egan as one of six Wall Street pros who predicted the fall of the financial giants.

“This next wave of defaults, which everyone agrees is inevitably going to happen, how central is that to what happens to the rest of the economy?” Pelley asks.

“It’s core. It’s core, because housing is such an important part. We’re not going to get the housing industry back on track until we clear out this garbage that’s in there,” Egan explains.

“That hasn’t cleared out yet. We haven’t seen the bottom,” Pelley remarks.

“It’s getting worse,” Egan says. “There are some statistics from the National Association of Realtors, and they track the supply of housing units on the market. And that’s grown from 2.2 million units about three years ago, up to 4.5 million units earlier this year. So you have the massive supply out there of units that need to be sold.”

“What with the housing supply increasing that much, what does it mean?” Pelley asks.

“It means that this problem, the economic difficulties, are not going to be resolved in a short period of time. It’s not gonna take six months, it’s not gonna 12 months, we’re looking at probably about three, four, five years, before this overhang, this supply overhang is worked through,” Egan says.

In the next four years, eight million American families are expected to lose their homes. But even after the residential meltdown, Whitney Tilson says blows to the financial system will keep coming.

“The same craziness that occurred in the mortgage market occurred in the commercial real estate markets. And that’s taking a little longer to show. But there are gonna be big losses there. Credit cars, auto loans. You name it. So, we’re still, you know, we’re maybe halfway through the mortgage bubble. But we may only be in the third inning of the overall bursting of this asset bubble,” Tilson says.

“Does that mean that the stock market is gonna continue plunging as we’ve seen the last several months?” Pelley asks.

“Actually we’re the most bullish we’ve been in 10 years of managing money. And the reason is because the stock market, for the first time I can say this, in years, has finally figured out how bad things are going to be. And the stock market is forward looking. And with U.S. stocks down nearly 50 percent from their highs, we’re actually finding bargains galore. We think corporate America’s on sale,” Tilson says.

The stock market will still have a lot of figuring to do with more troubling news on the horizon. The mortgage bankers association says one out of 10 Americans is now behind on their mortgage. That’s the most since they started keeping records in 1979.

Produced by David Gelber and Joel Bach

Posted By: Ralph Roberts @ 6:00 am | | Comments (4) | Trackback |
Filed under: Mortgage Meltdown, Mortgage Payment Reset

December 9, 2008

Report: Two Former NBA players–Dirk Minnifield and Grant Gondrezick–Accused of Mortgage Fraud

NBA logo depicting Jerry WestImage via WikipediaAccording to CBS television affiliate KHOU in Houston, Texas, two former National Basketball Association (NBA) players have been arrested and taken into custody by the FBI for charges related to mortgage fraud. If the charges stick, Dirk Minnifield and Grant Gondrezick’s arrest would mark the third time this year that a current or former NBA player was accused of being involved in a wide-ranging real estate fraud scheme.

From KHOU:

Two former NBA players allegedly involved in mortgage fraud scheme
05:23 PM CST on Tuesday, December 9, 2008

Two former NBA players are in federal custody on Tuesday.

The FBI arrested them for reportedly being involved in a mortgage fraud scheme in Harris and Montgomery Counties.

Dirk Minnifield and Grant Gondrezick are among four people indicted in the case. Federal investigators said the group would recruit buyers in name only for properties.

One of the suspects, who owned a home improvement business, is accused of falsely showing he had done custom renovations.

Others are accused of preparing false loan documents.

All four could face up to five years in prison.

Dirk Minnifield and Grant Gondrezick are no strangers when it comes to run-ins with the law. According to their Wikipedia entries, Minnifield spent a year in jail after writing bad checks and violating probation on those charges (but later went on to serve as a drug counselor with the NBA), while Gondrezick was among three former NBA players once indicted on drug-related charges.

Earlier, as first reported by Flipping Frenzy in August of this year, current Chicago Bulls player Lindsay Hunter was accused of mortgage fraud in Michigan. According to reports, Hunter’s case is now being investigated by the Wayne County (MI) Register of Deeds’ mortgage-fraud task force and the FBI.

Posted By: Ralph Roberts @ 11:18 pm | | Comments (0) | Trackback |
Filed under: Dirk Minnifield, Grant Gondrezick, Lindsay Hunter, Mortgage Fraud, Texas

December 3, 2008

Empire State Building and Mortgage Fraud

The iconic scene of King Kong battling an airp...Image via WikipediaNo one who reads Flipping Frenzy on a regular basis will be surprised by this story, but perhaps it’s just what we need in the fight to educate the public and bring about real change in government when it comes fighting real estate and mortgage fraud. From last night’s online edition of the Daily News (NY, NY):

It took 90 minutes for Daily News to ’steal’ the Empire State Building

BY WILLIAM SHERMAN
DAILY NEWS STAFF WRITER
Tuesday, December 2nd 2008, 10:46 PM

In one of the biggest heists in American history, the Daily News “stole” the $2 billion Empire State Building.

And it wasn’t that hard.

The News swiped the 102-story Art Deco skyscraper by drawing up a batch of bogus documents, making a fake notary stamp and filing paperwork with the city to transfer the deed to the property.

Some of the information was laughable: Original “King Kong” star Fay Wray is listed as a witness and the notary shared a name with bank robber Willie Sutton.

The massive ripoff illustrates a gaping loophole in the city’s system for recording deeds, mortgages and other transactions.

The loophole: The system - run by the office of the city register - doesn’t require clerks to verify the information.

Less than 90 minutes after the bogus documents were submitted on Monday, the agency rubber-stamped the transfer from Empire State Land Associates to Nelots Properties LLC. Nelots is “stolen” spelled backward. (The News returned the property Tuesday.)

“Crooks go where the money is. That’s why Willie Sutton robbed banks, and this is the new bank robbery,” said Brooklyn Assistant District Attorney Richard Farrell, who is prosecuting several deed fraud cases.

Of course, stealing the Empire State Building wouldn’t go unnoticed for long, but it shows how easy it is for con artists to swipe more modest buildings right out from under their owners. Armed with a fraudulent deed, they can take out big mortgages and disappear, leaving a mess for property owners, banks and bureaucrats.

“Once you have the deed, it’s easy to obtain a mortgage,” Farrell said.

Many crooks have done just that:

- Asia Smith stole her 88-year-old grandmother’s house in Springfield Gardens, Queens, pocketing $445,000 in mortgages she took out.

“Her grandmother raised her,” said Queens Assistant District Attorney Kristen Kane. Smith, 22, was arrested last December and is serving a one-year jail term for fraud.

- A man posing as someone who had been dead for 19 years deeded the dead man’s property to himself. He then sold it to the scheme’s mastermind, who took out a $533,000 mortgage and vanished with the cash.

- Toma Dushevic managed to steal seven dilapidated city-owned buildings in Brooklyn 10 years ago.

He got renovation permits, fixed up one of the buildings, and rented out apartments. He sold another building for $250,000 and ran his scam for nearly two years until he was caught. Dushevic returned the buildings and did 18 months behind bars.

The FBI says financial institutions filed 31% more Suspicious Activity Reports involving mortgage fraud last year than in 2006. Nationwide, lenders’ losses totaled $813 million, and New York was one of the top 10 mortgage fraud states.

In the city, deeds accepted by the register’s office are recorded on that agency’s Web site, where they are easily viewed and are the basis for mortgage transactions.

The News investigation disclosed that mortgage brokers, representatives of title companies, lending banks, lawyers and others in the mortgage process often failed to verify identification and other information provided by the thieves.

Unlike the city employees, the brokers and others should check mortgagors’ information, their professional trade associations say.

In one Queens deed fraud case, a mortgage broker and title company representative are accused of taking part in the scam. They are charged with helping obtain $1.4 million in mortgages from two of the biggest banks in the city on behalf of the scammer, who has vanished.

In all cases The News reviewed, the city register’s office accepted and recorded the fraudulent mortgages.

Unlike the thieves, The News did not obtain a mortgage on the Empire State Building.

Instead, The News returned the property to its rightful owners Tuesday - less than 24 hours after the fake deed was filed. The News also is withholding key details of how the scam works.

Real thieves get the mortgage cash, ripping off banks and leaving the properties’ owners with mortgage debt and ruined credit.

“Mortgages stay with properties,” Farrell explained.

When the victims don’t pay the mortgages they didn’t take out, lending banks foreclose on the properties.

A major tool thieves use is the notary stamp on documents, one item city employees check.

“They don’t check to see if it’s real, but they do check to see if it’s there,” said a lawyer familiar with the system. The stamps are easy to get and cost about $30.

National mortgage broker and title company trade associations said their members try to verify identification but can be fooled by clever hustlers.

“We know you can forge driver’s licenses,” said Marc Savitt, president of the National Association of Mortgage Brokers.

“Every time the industry finds out measures to stop fraud, the thieves always get one up on us.”

Anne Anastasi, a member of the board of governors of the American Land Title Association, said, “There are people who are very good at this and it’s hard to stop.”

© Copyright 2008 NYDailyNews.com

To see the documents used in this heist for yourself, check out the following:

Posted By: Ralph Roberts @ 12:10 pm | | Comments (1) | Trackback |
Filed under: Mortgage Fraud, New York, Real Estate Fraud

December 2, 2008

Reports of Real Estate Fraud Increase by Nearly 50 Percent

Reported incidents of real estate and mortgage fraud in the U.S. increased by 45% on fewer loan applications in the second quarter of 2008 from a year ago, according to a report released today by the Mortgage Asset Research Institute (MARI). The MARI Quarterly Fraud Report is based on data submitted by MARI subscribers on loans originated in the second quarter of this year that have since been classified as fraudulent.

Key findings from the report include:

  • Fraud most often occurs at the beginning of the loan process. More than 65% of fraud incidents are attributed to “General Application Misrepresentation,” a trend that has continued over the past two quarters. General Application Misrepresentation occurs when information such as a name, occupancy or assets is incorrectly stated during the application process.
  • Income misrepresentation on loan applications rose 5% during the second quarter of 2008 versus the first quarter of 2008.
  • Asset and debt misrepresentation on the loan application rose 7% during the second quarter of 2008 versus the first quarter of 2008.
  • Tax return and financial statement misrepresentation rose 4% during the second quarter of 2008 versus the first quarter of 2008.
  • Verification of deposit and bank statement misrepresentation rose 3% during the second quarter of 2008 versus the first quarter of 2008.
  • Appraisal misrepresentation climbed to 21% for an overall increase of 6% during the second quarter of 2008 versus the first quarter of 2008.
  • Florida, California, and Illinois compose the top three states for reported incidents of fraud. Florida saw a 5% increase in General Application Misrepresentation in the second quarter, while California saw a 20% decrease. Illinois recorded the highest percentages of income and employment misrepresentation on loan applications.

As was the case for the first quarter of 2008, Florida tops the list with the most reported loans with misrepresentation in the second quarter. Twenty-one percent (21%) of reports for loans originated during this time period were for properties in Florida. California ranks second, with 15% of loans reported; and Illinois rounds out the top three with 12% of all loans reported.

Posted By: Ralph Roberts @ 6:41 pm | | Comments (4) | Trackback |
Filed under: California, Florida, Illinois, Mortgage Fraud, Real Estate Fraud, Research, Trends

December 1, 2008

Real Estate and Mortgage Fraud Wrap-up

California REALTOR® Jose Oliva Sentenced for Real Estate Fraud: A real estate agent from Fontana, Calif., who was arrested in July of this year on felony charges connected to real estate fraud, has finally been sentenced… to six (6) months in jail followed by three (3) years probation.

John Matouk pleads guilty in Michigan of quitclaim deed fraud: According to the Wayne County Prosecutor’s Office, in February 2004, Matouk, who owned half a property in the 1100 block of Telegraph in Dearborn, forged a quitclaim deed from an elderly couple that transferred the entire property to his company, LM Investments of Dearborn LLC. Before his sentencing last week, Matouk was ordered to pay $26,000 in real estate taxes, the outstanding balance on a $650,000 loan, and court and probation costs. Because of his plea, Matouk received a sentence of two (2) years’ probation.

Rockland County, New York, task force targets mortgage fraud: Rockland County, NY, officials are trying to fight the worsening mortgage fraud problem by forming a Real Estate Fraud Investigation Task Force. The task force, a joint effort of Rockland District Attorney, County Clerk and County Sheriff, will investigate and prosecute cases involving recorded real estate documents, with an emphasis on instances in which the victim’s home is at risk of foreclosure.

U.S. Attorney charges Missouri mortgage brokers with cash-back-at-closing fraud: John F. Wood, United States Attorney for the Western District of Missouri, announced that several mortgage brokers are among six Missouri residents indicted by a federal grand jury last week for participating in several related mortgage fraud schemes. Charles M. Davis, 34, of Rogersville, Mo., Cheryl Joan Kassebaum, 42, and her husband, Scott Allen Kassebaum, 42, both of Ozark, Mo., Randall Lee Hall, 59, and Shanda Lynn Moore, 44, both of Springfield, Mo., and Steven Ray Spencer, 47, of Carl Junction, Mo., were charged in a 55-count indictment returned by a federal grand jury in Springfield. Davis, a former mortgage broker, was the owner of Master Marketing Consultants. The Kassebaums, former mortgage brokers, were owners of Metro Consulting Group. Hall is a former mortgage broker.

Westport, Connecticut, mortgage broker Fred Stevens pleads guilty to mortgage fraud: Stevens, 53, of Easton, Conn., is charged with submitting fraudulent mortgage applications with IndyMac Bank and other financial institutions resulting in losses of over $1,000,000.

Florida real estate appraiser Juan Gonzalez guilty of mortgage fraud: Gonzalez fraudulently obtained loans on more than 40 properties, victimizing numerous lenders and grossing over $5,000,000 in the process. As a result, the 51-year-old will spend the next 30 years in federal prison and pay a $1 million fine.