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GoodLife
03-31-2005, 01:18 PM
http://www.demos-usa.org/page313.cfm

that is the link to a summary of a recent report. The summary appears below.

It appears that the appraisal industry and mortgage companies have caused some serious problems for many homeowners.

I would like to know what the professionals in this forum think about the report.

Thanks.
Ray

Widespread Mortagage Fraud Threatens America's Homeowners, New Report Finds

NEW YORK - March 2005 - A new report released today, Home Insecurity: How Widespread Appraisal Fraud Puts Homeowners At Risk, reveals troubling evidence that many American homeowners and buyers are at financial risk from mortgage appraisal fraud. As a consequence, countless homeowners have borrowed more money than their homes are really worth. The report was conducted by Demos, a leading non-partisan, public policy group headquartered in New York City.

The real estate boom and refinancing craze of recent years has meant record profits for institutions that originate mortgage loans. But this boom has a dark side for unwitting consumers. Many appraisers - responding to increased pressure from loan originators in a highly competitive marketplace - are inflating property values during the buying and refinancing of homes.

"Appraisal fraud is part of a bigger, more ominous picture," says David Callahan, Home Insecurity author and Director of Research at Demos. "As home prices have continued to increase above inflation, even nearing 20 percent per year in some cities, American homeowners are vulnerable as never before to financial ruin if home prices fall to their natural market value."

"To make matters worse an increasing number of Americans have reduced the equity in their home to meet rising living expenses, like education and health care, or to pay off credit card debts. From 2001 to 2004, homeowners pulled out a staggering $485 billion worth of equity, and the trend is expected to continue. It is beginning to look like the American dream of financial security through homeownership is becoming a myth for far too many."

The data and findings of the Home Insecurity report were based on a number of sources, including: the National Association of Realtors statement before a Senate subcommittee in March, 2004, detailing how the problem of lender pressure and appraisal fraud had worsened; a petition sent by 8,000 appraisers to the Federal government complaining that the lending industry had applied pressure on them to exceed values; and the testimonials of individual appraisers about such abuses.

Among the Report's Key Findings:



Serious conflicts of interest pervade the mortgage industry, stemming largely from the refinancing craze. Lenders, brokers and real estate agents have an increased incentive to inflate the value of residential properties.

Appraisal fraud often encourages homeowners to borrow more money than their homes are worth, putting them at risk of not being able to sell for a high enough price to pay off their mortgage.

Up to half of all property appraisers have reported feeling pressure from lenders or brokers to overstate property values. Appraisers who have not complied with strong-arm tactics report not being paid for work and being blacklisted.

The inflation of home prices through appraisal fraud may be helping to push real estate prices up to unsustainable levels and contributing to a housing "bubble."

Predatory lending targeting minority and low-income aspiring homeowners often involves appraisal fraud. Developers collude with dishonest appraisers in the aggressive marketing of new homes offered at inflated prices.

Government oversight of the appraisal process is woefully inadequate. Key participants in the mortgage industry are unregulated in many states and oversight of lending institutions is weak. State boards that license appraisers and investigate reports of fraud often lack enough resources to enforce existing laws.

American Dream of Homeownership Could Become Nightmare of Foreclosure

The Demos report highlights several worrying undercurrents beneath an apparently rosy homeownership picture. For example, adjustable rate mortgages account for 34 percent of loans in 2004, leaving borrowers dangerously vulnerable to a rise in interest rates. Also, even though homeownership today stands at a record 69 percent, Americans actually own less of their homes than they did thirty years ago due to the drop in homeowner equity that fell from 68 percent in the early 1970s to 55 percent in 2004.

The report also makes clear that appraisers often feel they have no choice in going along with dubious practices. Their livelihoods are dependent on a steady stream of work from lenders and mortgage brokers. If they fail to deliver the target valuations demanded by loan originators they simply move on to dishonest appraisers happy to oblige them. If, however, there is a leveling off or decline in property values, the consequences of appraisal fraud could be devastating for millions of Americans.

"Appraisal fraud thrives amid a failure of stringent government oversight," Callahan comments. "Our study shows that, even as evidence of appraisal misconduct has mounted, neither the Federal government nor most states have taken decisive steps to fix an obviously broken system and protect homeowners from risking their most important asset"

Demos Recommendations:

The report's principle recommendation is there should be a thorough investigation of the scope and causes of appraisal fraud by a Federal agency in collaboration with state regulators and with the input of a range of participants in the mortgage industry. Reform proposals should:



Ensure Appraiser Independence -New rules are needed to ensure that appraisers can act independently. Ideally, the remedy is to prohibit all contact between appraisers and lenders and brokers.

Punish Lenders, Brokers and Real Estate Agents Who Pressure Appraisers - Loan originators and others who pressure appraisers to overstate property values should face stiffer punishment from the Federal government. All states should expressly prohibit the pressuring of appraisers. All states mortgage brokers should be licensed and accountable to a regulatory authority.

Sanction Dishonest Appraisers - There should be tougher sanctions of dishonest appraisers who go along with requests to inflate property values. This would create a level playing field for honest appraisers.

Streamline the Complaint Process - Appraisers who are subjected to lender or broker coercion often find it difficult to file a complaint because agencies regulate different kinds of loan originators. The complaint process should be more uniform and the means for filing complaints made more efficient and effective.

Increase Enforcement Capacity - Regardless of what new regulations are enacted, there must be increased financial and manpower investment so that laws can be enforced effectively. Most Federal agencies and state licensing boards engaged in oversight of the industry lack the manpower and financial clout to operate effectively.

Educate Consumers About the Problem of Appraisal Fraud - Currently, consumers have been urged to buy into new housing developments, to treat their home equity like a bottomless ATM, and to exchange high-interest credit card debt for low-interest mortgage debt. Many Americans have unwittingly encouraged appraisal fraud by pressuring lenders to wrap up deals quickly and by paying no attention to the appraisal step.
To view the full report, Home Insecurity: How Widespread Appraisal Fraud Puts Homeowners At Risk, please visit: www.demos-usa.org/demos/publications/

NOTE TO MEDIA: Demos would be happy to put you in touch with the following appraisers who have spoken out on the issue of industry pressure to over-value property.

Bob Burnitt, a Texas appraiser who recently quit the profession because of the pervasiveness of fraud in the industry.

Ray Miller, an appraiser from Wisconsin who has spoken out on the pressures of lenders and brokers to coerce appraisers to violate USPAP (Uniform Standards of Professional Appraisal Practice).

IF YOU WISH TO SET UP AN INTERVIEW WITH SOURCES, OR YOU HAVE QUESTIONS, PLEASE CONTACT: Anica Archip: 718-522-0538 anica@creativecci.com

Dan Auito
03-31-2005, 05:55 PM
Goodlife, this is another good article that really tells the story of how the industry railroads appraisers into doing its dirty work. I have heard and seen this go on for years and the appraisers have been battling it since the beginning of time. As for the poor homeowners who have cashed out on inflated evaluations I would say they are also responsible to a degree so I really don't feel sorry for them.

Thanks for posting it up, it does tell of some impending doom once those adjustable rate mortgages start climbing higher, I guess we all should be thinking about how to approach lenders about short selling as there indeed are going to be many foreclosures in the near future!

GoodLife
03-31-2005, 07:44 PM
Thanks Dan.

Is there an opportunity in all of this to provide a GOOD service for the many folks who will, apparently, be facing foreclosure in the future? I know that is already happening right now, but the article seems to indicate it is going to increase significantly.

I mean 'good' in the genuine sense of helping them by providing a needed service, not just making money on a deal and taking advantage of an already hurting homeowner.

If this is really coming in the future, how might I, still a newbie, take advantage of this 'opportunity', again in the good sense?

How might one help folks at this time? You mention the homeowners are partly responsible, no doubt about it. I assume buying houses even knowing they couldn't affort it? Anything else?

Thanks Dan. I know you are the man with the answers. :praise:

Ray

Dan Auito
03-31-2005, 08:11 PM
Ray I must admit I don't have all the answers as I have played more the rehab game. I have bought foreclosures and homes from individuals that weren't headed to foreclosure yet, but may have been soon.

Randy Lee has a great short sale course that is worth getting at www.purpose.4t.com (http://www.purpose.4t.com) I have it and will be using it in doing what your contemplating here.

You can also type in "Foreclosure" into the search box and it will also bring up many threads that have addressed this topic previously.

I hope our pre-foreclosure specialists chime in here to add more insight for you.

See I don't have all the answers after all! :~(

GoodLife
03-31-2005, 10:50 PM
I appreciate that link to the course, and that you mention that you have it and can recommend it.

Dan, I saw your previous post here:

http://www.magicbullets.com/forum/showthread.php?t=881&highlight=short+sale

and I was wondering, is SHORT SALE the same as Pre-Foreclosure?

Thank you for your patience. :biggrin:

If pressed for a definition one way or the other I would say yes as it certainly does take place before a foreclosure action if the distressed owner is lucky!

Randy Lee himself just stopped by, you'll definitely want to hop on over and read what he says! http://www.magicbullets.com/forum/showthread.php?t=894