Wikinvest Wire

Twice duped during the housing bubble

Thursday, July 05, 2007

Say what you will about every individual being responsible for their own decisions and that the free market must be allowed to work unfettered, but it does seem unfair that a large segment of the home buying public is getting fleeced twice during the current housing bubble - first when they took out their subprime loan to purchase a home and then again when they thought they were saving it from foreclosure.

This story in the New York Times goes a long way in explaining what those ubiquitous little "Stop Foreclosure" and "We Buy Houses" signs that you see by the side of the road are really all about - they're all over the place in California and they almost all Habla Espanol.

New Scheme Preys on Desperate Homeowners
By GRETCHEN MORGENSON and VIKAS BAJAJ

With the housing market in decline, financial predators are finding yet another way to take advantage of people who fall behind on their payments.

The schemes take various forms and often involve promises to distressed homeowners of cash upfront, free monthly rent and a chance to retain their houses in the long run. But in the process, someone else takes over the deed, borrows as much as possible against the value of the house and pockets the cash. And, almost always, the homeowners still end up losing their homes.

There are no nationwide numbers on this common fraud, known as equity stripping, but it has turned up in almost every state. Seven states have passed laws to try to stop it. Still, with foreclosure rates rising rapidly, it will be a growing problem, consumer advocates say.

“Conditions now are perfect for these scams,” said Lauren K. Saunders, managing attorney at the National Consumer Law Center in Washington. “We are at the end of a period of rising real estate prices, so a lot of people have equity in their homes. But we also have a foreclosure crisis.”
Historic highs in home equity and foreclosures - imagine that.

Sometimes you have to wonder how so many pundits can keep a straight face when they marvel at all the "wealth" that has been created in the last five years.

It's like a cruel joke for millions and millions of people who really had no clue of the bigger picture and not only achieved their dream of home ownership but thought they were gonna be rich too!

It's now ending in tears for many of them who were just doing what everyone else was doing - at least they'll have company when they tell their housing stories in the years ahead, "Yeah, I bought a house in 2006 too. I thought I was gonna get rich. Didn't happen."
Victims are becoming more plentiful as homeowners fall behind on payments and find that they cannot refinance, with mortgage rates rising. The Mortgage Bankers Association recently disclosed that nearly 19 percent of all loans to less-creditworthy consumers, or 1.1 million mortgages, were either delinquent by more than 30 days or in foreclosure. At the end of 2006, the figure among these loans was 17.9 percent.

When a property enters foreclosure, it appears on a list at the county clerk’s office. Individuals and companies in equity-stripping schemes monitor the lists closely, contacting troubled homeowners either by phone, by mail or by knocking on their doors.

These companies advertise heavily in target areas. “Are you losing sleep because of mounting debt and harassing bill collectors?” asked one flier from a “foreclosure specialist,” Equitable Real Estate Solutions.
"Equity-stripping". Another addition to the early 21st century vernacular - following "flipping" and "subprime".

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11 comments:

Anonymous said...

Don't be too surprised if you see "equity stripping" in the stock market, too. I think it's going on right now.

For months, the hedge funds and hot money traders have been using "liquidity" (i.e., leverage) to juice the market. This is essentially the "underlying bid" you hear so much about. With the yen carry trade and derivatives, the Fed has totally lost control over margin in the stock market, what we used to refer to as Reg T. What normal individual stock market investors fail to understand is that two things can now happen, and both probably will: 1) some of the juice will dry up, forcing stock sales; and 2) when the pump phase gets high enough, the dump phase will start and a lot of the remaining juice will shift to the short side. Why not? What's to stop it? They even did away with the downtick rule. Hence, equity stripping. Just watch. For months, I've seen manipulative trading patterns, like big spikes in the last 10 minutes of trading, that tell me it's coming soon.

Son of Brock Landers said...

i saw this article last week and was horrified by the deviousness of these mobsters and the stupidities of some people. Worst quote from a victim is this one...

According to Mr. Morris, Mr. McKinnon said those troubles could vanish. Equitable would arrange for someone else to buy the house — temporarily, as it was explained to him. In return, Mr. Morris would receive $20,000 in cash and someone else would make monthly payments while he and his grandfather lived there for a year.

C'mon, this premise is entirely fishy someone pays you to live in your house.

Anonymous said...

Maybe it's good that everyones getting a good education now about how dangerous bubbles are and we'll all be better off for it ten years from now. Maybe people will actually save money and not aspire to be rich and famous. First stocks, now housing, thisis like a long education for a whole generation about the dangers of speculation that they'll pass on to future generations after this thing runs its course

Anonymous said...

I'll tell you what's unfair. Watching brain dead twits get rich flipping houses with fraudulent mortgages while the brain dead Realtwhores® and the crooked mortgage brokers and the complicit appraisers made out like bandits watching the dollar go down the toilet. Meanwhile, back at the ranch, I'm watching my meager earnings buy less and less. I hope the flippers and whores burn in hell. I hope there is a depression that takes away the "great" from the great depression so that they call it the minor economic episode instead. I hope California flippers and Wall Street grifters and hedge hogs all burn in hell for all eternity. This country needs an enema and it can't come soon enough for me.

Anonymous said...

How about the 3rd scam... When all the toxic waste winds up in the pension funds of some of these poor folks.

These poor folks are getting the royal gang bang....

Econolicious

Anonymous said...

Isn't this similar to what happens in a leveraged buyout (LBO). Those guys buy companies with good cash flows and minimal debt on their balance sheets. Then leverage the strong balance sheet into a pile of debt. The new owners then receive a 'dividend' from all that borrowed money and leave the company behind to service the debt.

Anonymous said...

An unfettered free market doesn't necessarily mean we would turn a blind eye on criminal behavior. Who around here really thinks the free market is the reason for the fraud involved in creating the bubble and the fraud that exists in the aftermath?

Anonymous said...

>> I hope the flippers and whores burn in hell.

I hope too but FED will always rescue the incompetent at the expense of competent people.

http://online.wsj.com/article/SB118360072311457784.html?mod=todays_us_page_one

Mortgage Mess Shines Light on Brokers' Role
By Ruth Simon and James R. Hagerty
Word Count: 3,218 | Companies Featured in This Article: Wachovia
In 2005, World Savings Bank honored Secure Financial Inc. with a "Top Broker Award." It was a tribute to the sales prowess of Zak Khan, who arranged more than a hundred mortgages out of the small real-estate firm's Union City, Calif., office.

But Mr. Khan, a onetime professional cricket player, wasn't all he seemed. For starters, his real name is Altaf A. Shaikh. Contrary to California law, he never held a license to broker mortgage loans. Still, he managed to find jobs at a variety of mortgage firms since 1997, leaving a trail of unhappy borrowers and a lengthening list ...

Anonymous said...

http://online.wsj.com/article/SB118360072311457784.html?mod=googlenews_wsj

THE MIDDLEMEN
Mortgage Mess Shines
Light on Brokers' Role
Job-Hopping Mr. Shaikh
Left Trail of Lawsuits,
Failed License Exams
By RUTH SIMON and JAMES R. HAGERTY
July 5, 2007; Page A1

In 2005, World Savings Bank honored Secure Financial Inc. with a "Top Broker Award." It was a tribute to the sales prowess of Zak Khan, who arranged more than a hundred mortgages out of the small real-estate firm's Union City, Calif., office.

But Mr. Khan, a onetime professional cricket player, wasn't all he seemed. For starters, his real name is Altaf A. Shaikh. Contrary to California law, he never held a license to broker mortgage loans. Still, he managed to find jobs at a variety of mortgage firms since 1997, leaving a trail of unhappy borrowers and a lengthening list of criminal charges and lawsuits filed against him.



Third in a series
• Page One: How Wall Street Stoked The Mortgage Meltdown
6/27/07
• Page One: 'Subprime' Aftermath: Losing the Family Home
5/30/07
• Interactive Map: See photos of the houses and homeowners with subprime mortgages on Detroit's West Outer Drive.As defaults pummel the home-loan industry, Mr. Shaikh represents an extreme case of one of the big vulnerabilities in the business: mortgage brokers. In recent years, these middlemen have assumed a crucial role in handling surging volumes of business for lenders. Today, mortgage brokers are involved in about 58% of home loans, up from 40% a decade ago, according to Wholesale Access, a research firm in Columbia, Md.

Mortgage brokers originate about half of loans made to borrowers with good credit. Their presence is even greater in other segments of the mortgage market where defaults are rising. Brokers originate about three-quarters of subprime mortgages made to borrowers with scuffed credit, according to Wholesale Access. They also originate 70% of so-called Alt-A mortgages, a gray area that falls between prime and subprime. World Savings, which gave the award to Mr. Shaikh's employer, made prime and Alt-A loans.

Mortgage brokers didn't set the standards for the many aggressive loans that are now going sour. But they provided the low-cost sales force that made it possible for lenders to quickly ramp up production without hiring employees. As business surged, some brokers put borrowers into loans they didn't understand, couldn't afford or were otherwise ill-suited for, one reason defaults have skyrocketed. In the worst cases, brokers have been known to falsify information and resort to other fraudulent means to get mortgage loans approved. Critics say regulators and lenders haven't done nearly enough to insure the quality and integrity of this independent sales force.

"The mortgage brokers are the wild, wild West of mortgage finance," Sen. Charles Schumer, a New York Democrat, says in an interview. "We need to bring a sheriff to town."

Mortgage brokers say it isn't fair to single them out. Joseph Falk, legislative chairman of the National Association of Mortgage Brokers, says regulators, lenders and their Wall Street financiers all contributed to the subprime mess. Borrowers also can be cheated by loan officers at banks, he notes, adding: "There's plenty of blame to go around."

The ranks of mortgage brokers have surged in part because they offer lenders such as banks or thrifts a way to reach more borrowers without the heavy expense of operating large numbers of branches. Brokers find customers, advise them on which types of loans are available and collect fees from lenders for handling the initial processing. Unlike bank employees, brokers don't get medical benefits or need to be laid off when business is slow. Brokers are particularly active in low-income neighborhoods where there are few bank branches and where many residents may assume that a big institution wouldn't want to deal with them.

MORTGAGE OVERSIGHT


• The Issue: Mortgage brokers helped fuel the real-estate boom, but the industry is loosely regulated and consumer complaints abound.
• The Controversy: Background checks are sparse, and many states don't even require a test to obtain a mortgage-broker license.
• What's at Stake: Borrowers can face soaring monthly payments and unexpected fees.When brokers cross the line into blatantly unethical or even criminal behavior, there's often little to stop them. Surveys by the Conference of State Bank Supervisors show that 32 states don't require people to pass a test before obtaining a mortgage-broker license, and nine states don't require criminal background checks on license applicants. Brokers who run afoul of authorities in one state often can set up shop in another.

Mr. Shaikh, 46 years old, was able to skip from one employer to another for years with little scrutiny -- until California prosecutors finally caught up with him. In May, Mr. Shaikh pleaded no contest to charges of grand theft in a plea agreement reached with nine California counties. Prosecutors alleged that he lied to borrowers about the terms of their loans, forged documents and had checks written to companies he controlled without the borrowers' knowledge. A court hearing, set for August, will determine the amount of restitution Mr. Shaikh must pay and whether he will be required to serve a one-year jail term, as the prosecutors have requested.

"The tragedy of this thing is that many of these people had better credit than the product that was offered to them," says William Denny, a deputy district attorney in Alameda County, Calif., who coordinated the multicounty settlement of the criminal case.

A spokesman for Wachovia Corp., which bought World Savings last year, says the company "acted appropriately at all times in this situation." The spokesman adds that Mr. Shaikh "was not an employee or an agent" of the company, which wasn't a defendant in the criminal proceeding. "We feel that World Savings is a victim of fraud in this matter as well," the spokesman says.

Jeff Widman, the lawyer representing Mr. Shaikh in a lawsuit brought by borrowers, says his client has "generally denied the allegations." Most of the borrowers "consented happily to the terms of these loans and their fees," he adds.

In an interview earlier this year, Mr. Shaikh, a stocky, genial man with gray hair, declined to discuss his legal problems. He said he immigrated to the U.S. from Pakistan in 1989. He settled in Fremont, home to some of his wife's relatives. At first, he worked at a Taco Bell restaurant and sold leather jackets, imported from Pakistan, at a flea market. Court records show that he and his wife filed for Chapter 7 bankruptcy protection in 1994, citing assets of $17,000 and liabilities of $416,000. That year, Mr. Shaikh earned $3,000 a month as a salesman at a Mitsubishi dealership, according to bankruptcy filings.

In 1997, a friend who worked at Ameriquest Mortgage Co. persuaded Mr. Shaikh to join the company, then a small but fast-growing subprime mortgage lender.

He was getting in on the early stages of a gold rush. Spurred by the housing boom of the first half of this decade, the number of mortgage brokerage firms nationwide has soared to more than 50,000 from 23,000 in 1995, according to Wholesale Access. At the height of the boom in 2003 and 2004, the most successful loan officers at those firms could earn as much as $400,000 a year, says Tom LaMalfa, managing director of Wholesale Access.

Court records show Mr. Shaikh was an assistant manager and, in October 1998, was promoted to manager of Ameriquest's Campbell, Calif., office. In that job, he didn't need a license.

In 2000, Mr. Shaikh and Ameriquest were sued by a borrower whose home was foreclosed on the previous year because a refinancing wasn't completed by a promised deadline. Mr. Shaikh failed to tell the holder of a second mortgage, who was foreclosing on the loan, to postpone the foreclosure sale, according to the lawsuit, filed in Alameda County Superior Court. The case was settled in 2002, according to Joseph Kafka, the borrowers' attorney.

Mr. Shaikh left Ameriquest in May 1999 for the San Jose branch of Atlantic Financial Mortgage Inc., a local firm. Later that year, Ameriquest sued him in Santa Clara County Superior Court for allegedly trying to steal Ameriquest customers and employees. In 2002, a Superior Court judge ruled in favor of Ameriquest.

"Mr. Shaikh's employment was terminated, and we're not able to comment on the reasons behind it," says an Ameriquest spokesman.

Anonymous said...

"I hope too but FED will always rescue the incompetent at the expense of competent people."

Those aren't incompetents. The bankers created the FED precisely to allow them credit to play these games and take everyone's money.

Unknown said...

Good info…but don’t forget to mention how rising credit rates are affecting the market due to the America’s overspending on credit cards plays a significant factor in the housing market. I recommend this report on home sales that is useful…

Home Sales Report: What’s Left?

-Cheers!

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