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Wednesday, July 9, 2008 at 06:03AM

More Mortgage Fraud

 

We've seen a couple more stories on mortgage fraud, one by Kelly Bennett in the Voice of San Diego, and the other yesterday in the Union-Tribune (also covered by ocrenter).  Here are links for those who haven't seen them yet:

http://www.voiceofsandiego.org/articles/2008/07/09/housing/879creative062008.txt

http://www.signonsandiego.com/uniontrib/20080708/news_1n8fraud.html

Both articles describe the garden-variety Jenae-style mortgage fraud that happened late in the cycle, when lenders were giving loans to anyone.  The buyer/realtor/lender would find sellers who were willing to kick back money after the sale closed. 

Together they'd bump the sales price as high as they could (usually well over the list price), finance it 100%, spread around the winnings and then default on the mortgages.  The sellers were just as guilty, because they received the final net proceeds, and then split it with the agents and lenders - and buyers if they were involved too.

The UT article describes a realtor by the name of Bob Decker - here is what his attorney was quoted as saying in the article:

Decker's attorney, Charles Guthrie, said that his client is innocent and that those who pleaded guilty are pointing fingers to escape tougher treatment.

“Mr. Decker is an honest man,” Guthrie said. “He wants to go to trial . . . We're looking for specifics. We want to see what they say Mr. Decker did.”

4552%20Arbor%20Glen%20004.jpgWe can help chuckie boy with his discovery right here.  Mr. Decker, who is being held on $7 million bail, was a participant on a property on Arbor Glen in Oceanside.  How do I know?  Because it is one of the Countrywide foreclosures in my REO group.

Kelly Bennett has done the research on the case, and we have compared notes. 

Bob Decker conspired with a chiropactor in Orange County and bought houses using the identities of his chiropractic patients.  Their defense will be that the victims knew what they were doing; that they joined in on some type of 'investment-club' organized by the chiropractor.

The buyer of the house on Arbor Glen turns out to be a 19-year old college student who had no idea that he owned a house.  The listing of the house expired on June 27, 2006, after trying to sell, unsuccessfully, for the first part of the year.  It had been listed on the range $629,000 to $659,000, which means it was probably worth less than $600,000 at the time. 

It closed escrow two months later, on 8/29/06 for $669,000, financed 100% with two loans funded by American Mortgage Express Corporation.  The accused must have been soliciting sellers of expired listings - frustrated people who were probably happy to hear about any answer that got them out of the property.

I'm not sure how Countrywide got involved, but somehow they ended up with this loan that they either funded for AME, or bought in bulk after the fact.  It got sold to Deutsche Bank, the current owner, and Countrywide is acting as trustee.

Who knows exactly what happened between August, 2006 and the end of 2007, but we can guess that there was probably a renter in the property.  Bob Decker must have been the coordinator of the program, because he was the guy who rented it out to the current tenants at a favorable $1,800 per month on a one-year lease at the beginning of this year.  The tenants will be testifying against Decker, and in the meantime Countrywide has allowed them to stay in the house for free.

If Decker and the chiropractor had been making the payment for the first year or so, and then quit once the market started to unravel, then they aren't any more guilty than those regular homeowners doing the same thing - walking away.  But the fact that they were buying homes in other people's names may come back to haunt them.

 

Posted on Wednesday, July 9, 2008 at 06:03AM by Registered CommenterJim the Realtor in | Comments11 Comments

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Reader Comments (11)

I don't necessarily want the end of corruption like this. I just want more opportunity to personally participate in it. Why is it that I am always late to the party?

July 9, 2008 | Unregistered Commentergreenlander

"...rented it out to the current tenants at a favorable $1,800 per month on a one-year lease at the beginning of this year. The tenants will be testifying against Decker, and in the meantime Countrywide has allowed them to stay in the house for free."

Aw, man. How come I always get the honest landlords? ;)

July 9, 2008 | Unregistered Commenterericabiz

"I don't necessarily want the end of corruption like this. I just want more opportunity to personally participate in it. Why is it that I am always late to the party?"

You can only cheat and not get caught for so long. Eventually it catches up with you. Didn't you ever read the story of the tortoise and the hare?

July 9, 2008 | Unregistered Commentershadash

You'll have another shot - ever wonder if there was any correlation between the 10-year real estate cycles, and foreclosures/bankruptcies staying on your credit report for ten years?

Now that they've rolled back the criteria to five years for getting a mortgage following a foreclosure, don't be surprised if we have another round of scams starting around 2011/2012.

July 9, 2008 | Registered CommenterJim the Realtor

Off topic from the post but here is a nice 2 minute video on Yahoo Finance which should be seen by all home sellers.

http://finance.yahoo.com/tech-ticker/article/37451/Barbara-Corcoran's-Top-4-Tips-for-Sellers?tickers=XLB,XHB,FNM,FRE,WM,WFC,BAC

July 9, 2008 | Unregistered Commenteradesigar

"Now that they've rolled back the criteria to five years for getting a mortgage following a foreclosure, don't be surprised if we have another round of scams starting around 2011/2012."

Jim, are you refering to the latest FNMA/FMAC underwriting guidelines? If so, who knows. Fannie Mae and Freddie Mac are unlikely to exist in their present form by 2011/2012. They could be 100% government agencies by then if they even exist at all.

July 9, 2008 | Unregistered CommenterKingside

Of course it appears the biggest front door for this type of fraud was the stated income loan. It appears that iti s about to be made illegal.

Based on deals you have been involved with can you tell us what percent of deals would not have occured without this type of loan?

July 9, 2008 | Unregistered CommenterLV Renter

"the fact that they were buying homes in other people's names may come back to haunt them."

I would certainly hope so. Identity theft is a nasty crime, and I hear it can be very hard to remove the bad info from your report, even if you can prove your identity had been stolen.

July 9, 2008 | Unregistered CommenterSimone

Yeah, what Simone said.

July 9, 2008 | Unregistered CommenterDwip

Finally it is starting to come out that over the last 5 yeards fraud was the norm not the exception.My neighborhood is still reeling from one-multi family home foreclosure after another because some dirtbag lender took Jose on his word that he brings 10K in a month mowing lawns, then proceeded to cram 5 families into one house. I dread real estate transactions because from start to finish I feel like I'm passing through a gauntlet of one scumbag after another trying to rip me off. As a general rule I don't like the govt to interfere to much in the economy but the real estate racket keeps proving they are incapable of self-policing. It's clear this industry needs heavy regulation and to be watched under a microscope.

July 9, 2008 | Unregistered CommenterPatrick

" http://finance.yahoo.com/tech-ticker/article/37451/Barbara-Corcoran's-Top-4-Tips-for-Sellers?tickers= "

Funny where she says to pay your broker 8% instead of 6% .. what's another 2% if the broker can get you 15% more?? Which contradicts her earlier statement to list your home for 15% less than the neighbor.

July 10, 2008 | Unregistered Commenternow_a_renter

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