Monday, December 31, 2007

An unbelievable story of fraud rocks Bear Stearns in Atlanta

With a scheme that reads like a made for TV movie, a group of young and not so young hustlers managed to convince Bear Stearns to give them $6.8 million in real estate loans!

One of those loans was a mortgage to Calvin Wright and his wife for 1.8 million. With fraudulent papers, companies, and cohorts to back him, he is documented at Bear Stearns as being an investment banker, and papers show his wife to be a top officer at a marketing firm. The documentation shows that Mr. and Mrs. Wright were earning upwards of $50,000.00 per month, with assets to back them of roughly of $3 million. In reality, Calvin Wright is a telephone technician and earns about $100K per year, and his wife does not work outside of the home at all!

The FBI states that mortgage fraud cases now make up 28% of their workload, as compare to 7% in 2003. (2003 is probably just about when all these schemes were being cooked up!) Suspicious Activity Reports, which lenders are required to file, are up 700% from 2000 and 2006.

Estimates show that losses from mortgage fraud could total a record $4.5 billion for 2006, which is up 100% from the previous year. In some regions, it is widely thought that fraud accounts for about half of all foreclosures.

But, who is to blame for all this mess? There is no simple answer, and no one entity that is responsible. The fraud necessarily needs a lender, sometimes a broker, the criminal that is either forging documents or creating shell companies, appraisers that are willing to inflate values for a cut of the loan, and support companies such as the ones that produce the forged documents.

The stated income loan was truly a calling for deception, hence, it's nickname, the "liar's loan". A recent review of such loan documentation revealed that 60% of the loan paperwork overstated income by 50% or more.

Many lenders outsourced the verification process to brokers and competition became fierce to speed up the process and volume of paperwork that passed over each desk to keep business with the lender.

Overall, the most unbelievable aspect of the Atlanta scheme is that it was, in large part, perpetrated by a 23-year-old college dropout named Gregory Jerome Wings, Jr. aka G-Money. His cohorts included a young club owner, and a director of an underground documentary called "Crackheads Gone Wild", a tale of drug addiction gone overboard.

Maybe the lenders need to hire street folk to sniff out the scammers. I would bet that a large percentage of Atlanta's population knew who Gregory Jerome Wings, Jr. really was - and I'm sure some street folk would talk for some cash in hand.

So, the scheme went like most others. First, find some borrowers with good credit to apply for gigantic loans, using stated income terms, false income documentation and asset statements. Then, find a mortgage broker who was willing to submit the false documentation. Lastly, find an appraiser willing to over value the property. (It is important to note that no appraisers were indicted when the case was finally cracked - it was never found that the appraisers got any extra cut or dividend for over appraising the property - they were just desperate for work to stay alive!)

The same week that Mr. Wright obtained his $1.8 million dollar mortgage from Bear Stearns, he also obtained a $1.9 millions mortgage on a second property near Atlanta. This time the lender was BankFirst, a unit of Minneapolis-based Marshall BankFirst Corp.

Mr. Wright's attorney states that the crimes were incredibly easy, and as Mr. Wright made more and more cash, it was not difficult for him to talk other young people into joining him in his scam. Luckily, some Atlanta residents became suspicious when properties in their areas started selling for sky high prices and then were never occupied, and alerted authorities. One homeowner who assisted in exposing the fraud now carries a loaded handgun in his truck at all times. "We are putting people in prison for many, many years. This is serious stuff."

Though skeptics claim that this relatively inexperienced group of thieves should never have been able to carry this scheme on for so long and to such a high degree, the chagrined prosecutors for the lenders claim that these schemes were very sophisticated, an claim that they had no reason to doubt the authenticity of the forged and falsified documentation.

I am quite certain that many more tales like this one are going to come to light in the coming months. I sincerely hope that this will pretty much be a thing of the past by the third quarter of 2008 and the market will return to normal. Although "normal" may be quite different than it was five or ten years ago.

And, hats off to the appraisers who refused to play the game of grab the money and run! We will be the ones still standing when this whole mess is behind us and will no only not be in jail, but working again!

So, 'til next time, I say, it's all good!
Deb

Wednesday, December 26, 2007

More on the SEC probe into appraisal inflation for Washington Mutual

This is a sad, sad, state of affairs!

The SEC is investigating banking giant WaMu for allegedly having its loan officers pressure their appraisal management company, eAppraiseIT LLC, to increase values on properties that came in too low to make the loan.

An email has surfaced in which eAppraiseIT's president wrote that the company would "roll over" and submit to WaMu demands for higher appraisals. Later, in another email, he stated that the bank was in violation of federal regulations, which prohibit pressuring appraisers for value.

And, do you want to know what the saddest part of this whole mess is? eAppraiseIT LLC only pays $135.00 to the appraiser for a full single family 1004. So, for a third of the normal fee for an appraisal, some of these appraisers broke their own USPAP regulations just to get work in house. Which, sadly, is what sometimes happens when appraisers are desperate for work.

Appraisers have families that need to eat - they have house payments, car payments - children that expect a Christmas, just like everyone else.

Appraisal management companies were formed to put an end to hand picking appraisers and manipulating property values. Well, obviously, the situation has not changed, except that the honest appraiser is either not going to get any work at all, or be paid 1/3 of his entitled fee, while the crooked management company walks off with the rest.

Should be interesting to see how the rest of the story unfolds.....

And, 'til next time, it's all good!

Monday, December 17, 2007

USB and WaMu struggle to pull out of mortgage crisis

In articles released on the same day, mortgage giants Washington Mutual and USB AG both reveal massive losses and plans to regain footing in the mortgage market.

Of the country's top five mortgage lenders, Washington Mutual has the most at risk, with 29% of it's 2006 mortgages in the high cost category, mostly subprime, and an additional 15% backed by homes other than the owner's primary residence. WaMu has revealed that it expects a fourth quarter loss for 2006 due to a $1.6 billion goodwill write-down on its home-loans business. Shares have fallen almost 60% in the company's stock in the past 12 months.

Speculators are wondering whether banks such as J.P. Morgan Chase & Co. will look to buy out WaMu, as they have long been seeking to expand on the west coast. Also under speculation is whether Chief Executive Officer Kerry Killinger should still be running the company.
And, finally, WaMu announced that it will cut an additional 3,000 employees as it gets out of the subprime mortgage business altogether.

USB AG has announced that it will take a $10 billion writedown and is trying to sell a chunk of itself to the government investment arm of Singapore and an unnamed Middle Eastern investor. The fact that USB has always been considered a conservative lender is sparking even further alarm on Wall Street about the real effects of the mortgage meltdown.

USB is Zurich based and was formed from the 1998 merger of SBC Corp. and the Union Bank of Switzerland. It employees nearly 83,000 employees and reported a net profit of 12.26 Swiss francs in 2006. USB has never posted a full-year loss, mainly due to the strength of its wealth-management operations. It is unknown at this time if that record will hold for USB for 2007. Chief Executive Marcel Rohner states "This is a very bleak outlook" for the U.S. housing market. He is referring to the fact that banks and other lenders are looking overseas for investment help in this mortgage crisis, which could make for national security problems in the future.

Well, despite all of the gloomy news, I believe 2008 will be good for all of us in real estate as we all become more involved and creative in ways to clean up this mess!

And, so, as always, 'til next time, it's all good!