Top News


Mortgage Rates
30 Yr FRM 5.32% -0.10%
15 Yr FRM 4.77% -0.10%
1 Yr ARM 4.94% 0.01%
5/1 Yr ARM 4.88% -0.11%
30 YR Tres 4.32% 0.00%
Fed Prime 3.25% 0.00%
Receive Free Email Alerts
Stay up to date on breaking news and blog posts with our free News Alert Service.  Or if you are already a member, click here to login.

Mortgage Fraud and Predatory Lending Practices

   |     Print   |     Bookmark

As previously stated in this space, the FBI announced on September 17 that mortgage fraud is rampant, and that it is putting its considerable clout behind solving the problem.

Oh dear, another of those boring corporate scandals that only accountants and The Wall Street Journal understands or cares about. Well, not exactly!

In the first place, mortgage fraud is hardly boring. Organized crime is often involved, and even petty criminals pull off some pretty amazing coups. And while accountants and the business media have a vested interest, so do bank regulators, community groups, and secondary market investors.



And so should you! While financial institutions and the federal government are by far the biggest victims in terms of monitory loss, mortgage fraud is not just 'their problem'

Illegal activities aimed at your community bank or big nationwide lenders eventually and inevitably lead to higher loan costs and more restrictive lending practices. If widespread in one area, these scams can result in an epidemic of foreclosures and abandoned properties. A concentration of these can destroy neighborhood property values and damage the lifestyle of hardworking and responsible residents. Frauds that target federally guaranteed loan programs will ' let's all speak in unison here ' lead to higher taxes.

Mortgage related fraud against financial institutions is a complex topic which we will discuss later. Some of these schemes are intricate and clever enough for a crime novel; consumers, especially gullible and/or greedy ones, are often caught up in them; and many are fascinating from the standpoint of how far the unscrupulous will go to make a dishonest buck and how often their victims seem eager to help them do it.

But first we will take a look the victimization of individual consumers by fraudulent and predatory lending practices. At best, these practices are annoying to potential victims, but for the actual victims the end result is the loss of a home, financial devastation, and destruction of hard-won credit ratings.

Over the next few days and weeks we will describe some of the scams that target home buyers and those refinancing existing property. We will discuss some actual cases, alert you to warning signs and suggest some ways to protect yourself and where to go if it is too late for that.

Predatory Lending Practices

What is Predatory Lending? Predatory lending is the term used to characterize the usually fraudulent but always unfair and deceptive mortgage practices directed at consumers. Homeowners seeking to refinance are the most common targets, but home purchasers are not immune. At particular risk in the latter category are buyers who, because of credit problems or self-employment income, may not qualify for a conventional Fanny Mae/Freddie Mac mortgage and must rely on a sub-prime lender (one who, for a price, is willing to assume a higher risk than conventional lenders) to purchase or refinance. Also at risk, not surprisingly, are those seeking to buy in neighborhoods that have been red-lined (i.e. discriminated against) by conventional lenders. These are almost universally low income and usually minority neighborhoods, often in need of a substantial upgrade in housing stock. Buyers in these areas are, therefore, by default, placed at the mercy of sub-prime lenders.

But, beyond sub-prime lenders, there are a startling variety of people involved in fraudulent and predatory practices ' big banks, the kind with their names on NASCAR billboards, loan servicing companies, small time con artists who once peddled aluminum siding and water filtration systems, loan originators working for otherwise legitimate firms, real estate attorneys, home builders, real estate agents. Predatory lending is profitable, and the opportunists have come out of the woodwork.

Oh, and watch out for Uncle Ed.

We present here our own list of predatory practices and the tactics that are used to promote them. We haven't yet totaled up the number on our list, mainly because they keep popping up as fast as we can write them up. Nor have we tried to categorize them by target, method, or intent. But here are the first few of our top ten, or maybe twenty, in no particular order.

1. Aggressive solicitation by lenders. Predatory lenders are pushy in their approach to borrowers. Their ability to telemarket has been curtailed by the Federal Communication Commission's 'No Call' rule, but they have the Internet, door-to-door salespeople, the U.S. Mail, flyers dropped on doorsteps or in mailboxes. The pitches are strikingly similar no matter who delivers them:

  • We can lower your monthly mortgage payments
  • We will save you hundreds each month by consolidating your credit card and other payments
  • You can use your equity to buy that new (car, boat, kitchen, dream vacation - take your pick)
  • You can save your home from foreclosure; refinance your way out of bankruptcy.

And they don't take no for an answer. If you don't like one approach, they will try another. They insinuate themselves into your life, become a friend to the lonely, (making them particularly dangerous to the elderly who often have substantial equity in their homes.) One Internet lender sends me a minimum of three emails per day. When I 'unsubscribe' they start up again, within the week, with a different email address

2. Home improvement scams. This practice is a favorite topic of 'gotcha' journalists, as well it should be. But, they expose it in 1998 then forget about it until 2004. In the interim, millions of people are victimized.

The classic operation is a team thing. A homeowner needs a new roof or structural repairs, and approaches a contractor. Or maybe he has a long-held dream, a second bath or a new kitchen. Often he isn't shopping, just dreaming. Then the doorbell rings. A contractor 'working in the neighborhood' has equipment already on site and can offer a deal on any project. AND, his company can finance it (the paper will then be sold to a predatory lender) or he has a 'friend' in the mortgage business who has a spiffy new home improvement program.

Snap goes the trap. The homeowner agrees, the papers are signed; the work begins immediately, often before the three day loan cancellation right ends. The work is overpriced, shoddy, and often done without proper permits that would require inspection by the local building inspector.

Of course, the double whammy comes with the loan. It will be a poster child for predatory lending, with a high interest rate, burdensome fees, and most likely a pre-payment penalty that locks the borrower in for an extended period of financial torture.

Homeowners who have been impacted by these dreadful seasons of hurricanes, tornados, and forest fires should pay particular attention to these home improvement scams. The teams are probably in your neighborhoods, even as you read this.

We have only just begun. This series will continue with information on other types of predatory loan practices, advice on how to protect your home and pocketbook from the scammers, and where to seek help if it is too late for that.


Comments

Join Now to Post Comments

lee
on Fri, Jun 24 2005 7:00 AM
I was approached by mortgage broker on how I could save money because intrest rates are the lower now than ever and could lower payment and term.We agreed to go 15 years at 6% and summited loan application it was approved on those terms after a lot of delays # months later went to closing every thing had changed it was 8.5% and 30 years plus A ajustable arm intrest rate. when I refused to sign all the paper work they forged my signature and intials in a 100 places and sold loan off
Anonymous
on Tue, Aug 16 2005 7:00 AM
I think it is awful to hear about companies or individuals applying their predatory lending practices to elderly women and men. Whoever is in charge of this industry needs to crack down on this. Put them all in some sort of mortgage fraud database and put it on the interenet for all to read.
anonymous
on Mon, Aug 22 2005 7:00 AM
I am currently a victim of the classic I will be in the neighborhood giving free estimates. As it went, I am now trying to get out of going through with this company and getting my money back. There should be more information to the public on how to deal with these people.
california
on Thu, Oct 27 2005 7:00 AM
Bay area practices: Incentives are given for the riskiest loans so they are heavily pushed on those with poor credit.

One woman who did not qualify for a loan was encouraged to seek out a friend that had a better credit score than hers and see if they could front the loan for her. Oddly she did just that, it was sad.

All the while high-fiving each other when they would score an appointment to bring these people in and close them. (See the Movie Boiler Room and you get the picture)
Brian Tobin
on Fri, Dec 2 2005 8:00 AM
A good rule of thumb is that if a Mortgage Broker is hitting you with up front fees to keep you committed then run. Application and Lock fees are purely "junk fees" to keep you from jumping ship. If an appraiser enters your home then you are on the hook for his time but you are still not committed to any broker. Borrowers have many laws that are designed to protect them. Don’t be afraid to use them to get the deal you were promised.
Oregon
on Thu, Jan 5 2006 8:00 AM
I contacted Countrywide Mortgage to refinance a 2nd TD of $27000. I was told by the loan agent it would be $152 per month at 6.75% for a 30yr due in 15 with no closing costs. When I received the loan documents, they had increased the loan to $30,000, with and increased payments to $195 per month and added closing costs of $1200. Plus, they had added loan points that had not been disclosed. They have been non-responsive to my inquiry.
John Wood
on Sat, Jan 14 2006 8:00 AM
When I advised broker of the dollar amount I needed to refinance including cash out was not met with the loan he arranged (75%LTV) and that I was looking elseware he guaranteed me That within 3 months an additional 5% would be disbursed. The bank said they never said that. This has created a major problem. Phone calls to the broker are ignored.
Anonymous Robert
on Sun, Mar 19 2006 7:00 AM
My wife and I were told that we had secured a loan for 1.75% for five years and at that time the mortgage rate would go up 1% a year until it reached 7.75%. The month after we secured the loan we got a notice in the mail that the rate was going to 7.75% immediately, which it did and was sold the following month to Chevy chase Bank. Now we are told that the 1.75 was a "payment rate" and the interest was 1.75% for one month. Our origional morgage amount was fixed at 6%.
Michael
on Fri, May 12 2006 7:00 AM
Okay, I agree there are many unscropulus people in the mortgage business. There are also many in the media, doctors, preachers, teachers, politicians, and the list can go on and on. There are also many good loan officers that work to create value and make their clients lives better. Also, ALL lending is based on RISK. If someone has low credit scores, or they are doing a very high risk second mortgage then the risk involved is going to be relected in the rate. That does not make it predatory.

Your charaterization given in your examples basically are saying that because someone markets for business, or works as a lender with a home improvement company, they are crooks. Come on! People need to use common sense. The mortgage business is one of the most heavily regulated business there is. But loan officers have a right to earn an income just like you. You are probably getting paid to write these articles by someone, does that make you evil? (Some might think so.)
Anonymous
on Sun, Jul 16 2006 7:00 AM
I had a favorite loan consultant. I desperately needed a loan refi last year after finding out that the seller of my house had sold the house to me with a bad sewer. My favorite loan consultant hit me with $3600 in points the day before signing and lied to me that the loan would only go up once - it goes up every six months according to the market. I am now forced to go into a neg am loan just to keep my house, and this individual couldn't care less. She got her money out of the deal.
Lexington,Kentucky
on Thu, Jul 27 2006 7:00 AM
As a mortgage broker myself let me say sorry for all the negitive experience you had with your mortgage purchases. But there still are very good and honest brokers in the business.
Novation
on Tue, Aug 22 2006 7:00 AM
As a legitimate and honest non-prime provider no group is more damaged professionally by mortgage con-artists, the type seen on certainLISTs dot coms, than we legitimate providers of non-prime solutions. However, we provide a service that banks and A paper lenders do not which allows home ownership to a segment of our nation not otherwise allowed. Are non-prime loans more expensive? You bet! If you want an A paper rate at A paper pricing, pay your bills ON TIME, never DEFAULT and get EDUCATED.
tom
on Fri, Sep 8 2006 7:00 AM
Wow!!!! As a mortgage professional.... I seek to keep my clients for life...if I screw them... I lose them and some great referrals later..... Ask a lot of questions...if your not satisfied with the answer..... find another broker.... get a referral from a friend who did have a good experience. There are some of us that do provide value. Provide all documentation that the Loan officer requests....and don't take a "phone quote" until your financials are reviewed.
Shannon
on Thu, Oct 5 2006 7:00 AM
I am a single mother or 2 young boys, I was "taken care of" by the sellers broker, totally trusting and nieve, now one year later, looking at forclosure or bankruptcy...Why? My Loan application, which I was to complete, and god knows who did, stated I made $6800/mo, in fact I make appx $2000/mo...and how do my boys learn of the American dream? Let me ask the broker? Or maybe his children?
Anonymous
on Mon, Oct 9 2006 7:00 AM
I recently attempted to refi my home through a lender referred by Lending Tree. In a period of 2 weeks I was quoted a vast array of rates and payment amounts on the same basic product. On the day we were set to close, I called my insurance company and found that the escrow quote I received was incorrect. Fortunately I backed out of the deal. But it still cost me $400 for an appraisal about twice the going rate in Michigan.
Houston, Texas
on Wed, Mar 28 2007 7:00 AM
I worked for a broker shop here in Houston, TX and they were very cool with doing the fraud thing. I have seen the operations manager sign borrower's names to an application, I have seen them create a W2 from a borrower that was 1099, I have seen them tell a borrower that currently owned a house to have a relative to go and file a lien to the property and when they close the loan-that lien would be paid off and they would get cash back and the list goes on.
Kim
on Fri, Apr 6 2007 7:00 AM
I am an Escrow Agent and I can tell you from experience that many borrowers don't review the paperwork at closing. The borrowers have so much faith in their broker that some just sign without looking at the documents or listening to what I am telling them. The only thing most borrowers care about is "how much is my payment". There is only so much I can do to help protect them. All borrowers need to be more careful. Take your time, don't let anyone rush you, and know what you are signing!
Anonymous
on Sat, Apr 7 2007 7:00 AM
Most of the problems are caused by Mortgage Brokers. I work for a Direct Lender who is a bank. I am bound by RESPA, FRCA and many other laws and regulations. I also work with the Community Lending that my bank does. Every single borrower that we refi...had their loan originated by a broker. The fallout has sadly just begun, wait until the news media really figures out how the Option Arm works... I work for one of only 2 major banks that never originated an Option Arm... I sleep well at nite
cjh
on Wed, Apr 18 2007 7:00 AM
Once your credit is trashed by a lender who holds up payments just so you appear late and then three times you tried to opt for the lender's answer...a balloon payment and an increase of your mortgage payment, once all of your possibilities are taken up, whose going to stick their neck out and lend you enough to save you home? And when the sleezes hire attorney's to foreclose and sue you, you don't even deserve a legal service by mail or in person. Rights?
George
on Fri, Jun 22 2007 7:00 AM
In response to CJH who stated that ALL brokers are to blame. You're a biased idiot who lays blame flatly on all brokers. Obviously, you're trying to steer borrowers in your direction by making such irresponsible & unproffesional comments. I truly believe the borrowers need to stay away from your self-serving tactics. There are many of us in this industry that always try do do the right thing. I won't stand for ill-conceived comments... you're an idiot!!!
CJH
on Thu, Jun 28 2007 7:00 AM
This is in response to George. SHOW ME!!!
homeloans
on Sun, Jul 8 2007 7:00 AM
It's truly unfortunate that people only hear what they want, believe it, then they are "shocked" when it wasn't what they thought. Every issued raised on these comments has merit on its own basis, however we need to wake up people. Rule 1: Read ALL documents before you sign agreeing to the terms of the loan. If you don't understand don't sign, walk away. If you need the money, think twice before signing since it may affect you years later. Lending laws are in place to protect you.
homeloans
on Sun, Jul 8 2007 7:00 AM
Rule 2: Mortgages are Federal and State instruments. They are Federal by their standardized forms. Page 3 of the loan application or 1003 references the US Code for completeness and accuracy of information listed. Appraisals are a Federal document, they cite the same US Code. Mortgage brokers are heavily licensed in most states, they are examined, reviewed, and audited. Various states impose fines of thousands of dollars for incomplete, inappropriate, and inaccurate disclosures.

Rule 3: If it sounds TOO GOOD to be true, then it probably is. Bait n Switch techniques are paramount to this philosophy. As a mortgage professional I deal with the fallout of other loan officers and brokers lying to the customer and trying to lure them in, only to grab them before they can back out. Customers CAN always back out. Sure, it may cost a little bit of money now but it in the long run that small amount paid to back out will save them thousands, their credit and their home.
homeloans
on Sun, Jul 8 2007 7:00 AM
Rule 4: Educate yourself and Know your rights. There are loan officers and mortgage people out there who should not be in business. They don't know their products. There are literally hundreds of loan products, many variations off the same ones, which makes learning about them most important. The Option ARM or PickAPay loan is one such example. These 1% to 2% loans are great for the right client, but they can be dangerous in the wrong hands, these loans are not meant for everyone.

There are many more rules I could write, however I believe you understand the basic premise is that we all have a choice in the matter. 1) As consumers, we have rights. We have the right to review our documents and say NO if we have been cheated. 2) As an industry, we have a choice to serve our clients in the best way possible, being upfront, honest and using diligence.The earliest of comments was posted TWO years ago, we can see the aftermath of these events unfolding before us.
Anonymous
on Mon, Jul 23 2007 7:00 AM
I do not have the greatest credit score and went to Country Wide. I did everything they asked, I cleaned up my credit, I had adequate income. I educated myself and started asking my mortgage officer questions, he did not want to answer, The very last time I spoke to him he told me the underwriter denied my loan because of recent late payments, (I have not had a late payment on anything in 6 years!). I found out later that he never submitted my paperwork to the underwriter.
cjh
on Fri, Jul 27 2007 7:00 AM
In answer to "homeloans" you may have a point about people being gullible,however, when people who have real hard copy reciepts go before the local county court and the judge denies their right to even be seen as evidence because he doesn't want to go against what the big corporation wants, it makes one wonder if we still live in the United States. Who changed the rules to: corpration100/John Q.Public 0? How is it that a corporation is allowed to steal a family's paid for home?
Kristina
on Tue, Dec 11 2007 8:00 AM
The Educated Borrower- Your Mortgage Bible is a book that was written by a mortgage industry insider. It divulges exactly how the layman can protect themselves from the hidden secrets and money traps that the mortgage industry would not want the author to reveal. It is a total no holds bar, knowledge filled book that will arm the mortgage borrower. Can be found on the internet at any major book store.com. Highly recommended.
angel
on Tue, Jan 8 2008 8:00 AM
My broker claimed to "be my friend" to not worry, she had everything covered. Moving from California to Texas, I trusted her. She manipulated our credit scores, claimed we were denied through her co, claimed there was no employ. verification, (which there was, I have the proof) says husbands income was all wrote off, (false) then gave us 2 liens, w/ a prepmnt penalty, at not the best rates that we were deserved having excellent credit scores. I reported her to tx dept mortg lending and was refunded over $4,000 back to me that was money she planned on putting in her back pocket, the company is now being watched and monitored closely, and I plan to pursue further legal action against the co. I cannot believe the person I trusted, who I thought was my friend, could stab me in the back like that. It's absolutely digusting. SO I am pursuing my real estate license to treat people how they should be treated in this industry. Also my real estate agent was very much a part of this whole scam, she was paid good at the end. I want a loan that we so greatly deserve. I have a hard time trusting people in real estate to this day and this all happened a year ago this month. Very disturbing!!
Anonymous
on Tue, Jan 22 2008 8:00 AM
In response to George, Anonymus and Kim: I hope that if you have any knowledge or have suspicions of fraud that you have made a complaint with a law enforcement agency as I have. I am in the real estate profession and have found that there APPEARS to be more unscrupulous behavior amongst mortgage - so-called professionals than real estate sales licensees, however all are responsible if they are not going to be part of the solution. Kim you should make it clear to the state and the public the name of the company for investigation. It's the public including all of us they want to bail out the lenders when infact all monies collected by mortgage professionals should be reclaimed by the defrauded lender as well as jail time for such greedy behavior. THe FBI should be notified ASAP! These criminals should not be allowed to be in our business. One that I know of being reported has Ballard in their name as well I unfortunately suspect we will see more fraud in sales and mortgage amid our condominium market in Houston, Tx , but I hope not. This will only continue to hurt the consumer as well as good and honest professionals such as ourselves.
macy
on Thu, Jan 31 2008 8:00 AM
We are looking in to refinance our home thru a mortgage company. The mortgage guy said he could get us a good deal we told him to get all the paper together send it to us so we can look it over. The next day we get a phone call from a traveling notary. He informed us we need to sign prlim. papers that night asap. Has anyone heard of this before. we decided we are not going to do this because we believe in reading everything first before signing. Especially when someone is in our house looking over us waiting for a paper to be signed.
Dan
on Fri, Feb 1 2008 8:00 AM
Macy: Travelling notary? Sounds fishy. The mortgage broker will have a notary, or any credit union. Sure, you will have to notarize papers, but don't let anyone call you and tell you what to sign. Call the mortgage people, and if you are concerned about their honesty, go to a local credit union and talk to their mortgage folks about the situation.
Elizabeth Kreutzer
on Mon, Mar 24 2008 7:00 AM
If a married couple uses martial funds to purchase a home in pa- then only puts one spouses name on the title of the house- can the person on title add another person with out the consent of the spouse, who is off title? Is pa a dowry state and if so what does that mean pertaining to this situation? If you can please help me answer this question I would be very grateful! My married husband listed himself as single on the title of our home. Now he has put it in another person's name. WE are going through a divorce. I want to know if he committed Fraud or not. We were married when we purchases the home and are still married today. Thanks Elizabeth Kreutzer
anonymous
on Thu, Apr 3 2008 7:00 AM
What happens if you refi with a company that had good references and then months later your note is sold to another company that starts seemingly bilking you out of extra fees? Such as: "we have found there is an escrow shortage". This should have been found out in the original refi agreement, yes? Then there is, "we need your tax/insurance information in order to pay them in a timely manner", when you never had to provide these items prior to other companies that serviced your loan. Then you go look online and see an endless list of fraud related complaints against this company, including prior and blatant criminal fraud indictments against the company owner, petitions/hearings for the company to be listed as an unfair business within their state etc? I looked up the refi company references prior to using them and so no implications of them dealing with predatory loan service companies. It may be that I am totally uneducated to the process, but I would never have refi'd if I had known there was to be dealings with such a company. Fortunately, I saved all that I borrowed, my home is not an investment. I just worry that after reading some of the seemingly illegal things that this company is doing to others, that they may try to steal my property through some technical loophole of sorts or falsely penalize me somehow. Should I get an attorney to compare the original refi documents to what this company is claiming that I owe after the fact or just to make sure I am not getting taken?
billy
on Thu, Aug 14 2008 7:00 AM
Greed and greed alone are at the heart of this morgage loan mess. I am no financial expert but could someone explain to me why adjustable rate morgages were being pushed off on people who were not financially limited? For these idiots who run around saying rediculous things like people were given loans that should not have been given loans as the cause of this mess you are short sighted and uninformed. Firstly if many of these same people had been paying rent for on time for years with rate increases that were both controlled and minimal then why can these same measures be put in place for morgage lending. Why because of greed and to systematically keep home ownership out of the hands of those that the status quo deems as people with poor credit or credit risks. Yet these individuals maintain utilites and such in rental situations for years while earning nothing for themselves or their children. All this double talk sliding of hands will come back on all invovled and their children. These inquities God is watching and these debts and sins will be revisited. Every man is my brother regardless of color ect. and every man must live this way knowing the same of me. Everyone deserves the opportunity by right of the God given birth and secondly as an American citizen. Look the shear number of defaults, do you really believe that this many individuals could not afford or would pay their morgages? Or were they lalled to sleep with their hope of home ownership into an adjustable rate morgage that allowed these greedy dogs to set them up for failure. For this the industry will suffer and all those involved. New leaders must emerge to ensure equity and fairness and this my encourgement and excitement about the future........