October 8, 2006

State targeting abusive lenders

The Massachusetts state Division of Banks is cracking down this month on what it sees as abusive business practices by mortgage lenders and brokers.

The agency issued a series of new emergency regulations earlier this month, requiring better documentation from lenders and prohibiting them from pressuring consumers into taking out mortgages they can’t afford or working without their own independent lawyers.

It also forced four companies — two of them located Worcester — to close immediately and place all pending mortgages with another, more established lender.

Commissioner of Banks Steven L. Antonakes said in a recent interview that division examiners found a pattern of deceptive business practices by some lenders during their most recent round of company inspections.

"We want to spell out in very plain English to send a message to lenders and brokers that these specific acts, whether they’re very obviously unfair or deceptive, or more subtle, they weren’t going to be tolerated," he said. "And you would put your license at risk by engaging in this kind of activity."

Read more…



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September 30, 2006

90% Of Home Buyers Stretch Truth To Get Loans


By David Streitfeld, LA Times

Mortgage fraud continues to escalate in Southern California, FBI figures show, raising concerns of increased defaults and foreclosures as the housing market cools down.

Lenders filed 4,228 reports of suspicious activity in the region during the first 11 months of the government’s fiscal year, which ends Saturday, the FBI said. That puts 2006 on track to nearly double last year’s total.

The jump in reports of suspicious activity even as home sales have declined may stem in part from a lag in reporting. But the FBI and industry experts say the trend also reflects growing deceit by average borrowers who overstated their income, exaggerated their assets or hid their debts simply to qualify for a mortgage in the region’s sky-high housing market.

"There’s more of the little guy running around — people committing fraud for housing," said Ronda Heilig, the bureau’s mortgage fraud program manager.

A seven-county region from Orange County to San Luis Obispo County has seen a fourfold increase in suspicious loan activity since 2003, largely coinciding with sharp run-ups in housing prices and lending activity. But with home sales slowing and prices leveling off, the explosion in small-scale duplicity could have serious consequences, industry experts believe.

During the boom, people who lied about their income to get a loan — and then struggled to make the payments — had the option of making ends meet by tapping their newfound equity through refinancing or by selling the property for a profit.

But now, with prices flattening out or declining, those without sufficient equity could be forced to sell for a loss or even default on payments. That could accelerate any downturn in the market by swamping it with foreclosed and bargain-priced properties.

"This is the calm before the storm," said Steve Smith, a Redlands appraiser who lectures frequently about real estate fraud to industry groups.

When home prices in California began to throttle up in the early years of the decade, people needed bigger loans but sometimes couldn’t prove they could handle the debt. To accommodate them, lenders started to offer loans that required little or no documentation.

For example, in a so-called low-doc loan, also known as a stated-income loan, the lender doesn’t verify the borrower’s income. With a "no-doc" mortgage, the lender doesn’t check income, assets or employment.

Such loans, which carry higher interest rates than traditional loans do, were originally designed for people whose income swung widely, like the self-employed, or high-wage earners in unusual circumstances — a doctor who had just moved to a new community and hadn’t set up a practice yet, for instance.

As the state’s boom went on, the mortgages became so popular that they now account for a third of new loans, according to data tracking firm First American LoanPerformance.

Industry insiders have a nickname for low-doc and no-doc mortgages: liar’s loans. The phrase reflects the suspicion that many of the borrowers who get such loans don’t have the income or assets to qualify the old-fashioned way.

One lender recently compared 100 stated-income loans with the borrowers’ tax returns and found that only 10 of the borrowers were telling the truth about their wages, according to Mortgage Asset Research Institute, a division of data firm ChoicePoint Inc.

Sixty of the borrowers had exaggerated their incomes by more than 50%, according to the institute, which didn’t identify the lender.

Read more…..



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September 11, 2006

How Our Corrupted Financial Markets Really Work

By RodgerRafter

-Millions of investors buy into the technology bubble on the bad advice of analysts, then lose most of their savings.
-Employees spend their adult lives working for a corporation, only to watch their pension plans crumble in size and significance.
-Mutual funds let outside investors steal from their customers for a share of the loot.
-Hedge funds collect massive fees for months or years, then shut down overnight leaving investors with their capital in tatters.
-Borrowers are encouraged to take on more debt, then get squeezed into bankruptcy by rising rates.
-Loyal employees face layoffs when private equity firms take over a company and extract every penny and ounce of worth that they can find.

These and related stories occur everyday and are part of a severely corrupted financial system that is destroying the wealth of most Americans and the strength of the US economy. The mainstream media and industry experts are always quick to express outrage when incidents like these occur, acting as though the perpetrators are isolated cases and the crimes are not likely to be repeated. But observe the industry long enough and you’ll find that corrupt acts occur regularly and throughout the financial system.

This entry describes many of the corrupting features of the American financial system and attempts to give a framework for understanding why corruption is so widespread and damaging. Understanding the systemic flaws is a first step toward protecting oneself and bringing about systemic change.

The Primary Function of the Markets
In the fairy tale world of capitalistic, free-market economies, the financial markets provide for the efficient allocation of capital. In the real world of corruptialistic, rigged-market economies, the financial markets provide for the efficient transfer of wealth from the working and investing masses to people in positions of power. There is enough productive capacity in the American financial system to sustain the popular myths in media, government and corporate circles, but corruption in the system is extreme and greatly undermines the economic security of the nation.

A Culture of Greed
A misplaced faith in the efficiency of the capital markets allows many to believe that their own corrupt actions are acceptable or even beneficial in a capitalistic economy. The myth states that a multitude of individual players, all acting in their own best interests drives a system toward accurate pricing and efficient use of capital. The reality is that good people are often corrupted by positions of power and learn to rationalize fraud, theft and waste in ways that pad their own pockets at the expense of others.

A culture of greed within financial institutions and in the executive offices of major corporations, creates an environment where bottom line results are what matters most, and how those results are achieved is secondary. While most high powered executives, brokers and traders don’t see themselves as being corrupt or doing direct damage to the economy, the actions they take to further their careers and the interests of their employers are often very destructive.

Conflicts of Interest
When investment banks made most of their profits by underwriting stock and bond offerings, their analysts often faced pressure to pitch these securities to unsuspecting investors and money managers faced pressure to fill up client accounts with the same securities. This conflict of interest was widely abused during the technology bubble and exposed after it burst. Now investment banks make most of their profits by financing, investing in, and trading with hedge funds. Pressures within these banks now push analysts and money managers to support the new profit engines with conflicted advice and unscrupulous actions.

Short-Term Gain vs. Long-term Risk
A dominant feature of the American corrupitalistic system in recent years has been the shameless pursuit of short term objectives at the expense of long term success. Risk vs. reward is a standard equation in most business decisions, and taking on greater amounts of risk will typically offer higher rewards over the short term. Our financial system is structured so that managers are most often compensated based on short term performance measures and this encourages them to take on high levels of risk with investor capital.

On a national level the pursuit of short term rewards has led the country to bury itself hopelessly under a mountain of debt and impossible promises. On a corporate level it has resulted in the decreasing competitiveness of American industry. Politicians seek reelection and executives seek to boost their annual bonuses, but neither group has the long term interests of their constituents at heart.

Creative Accounting
Accounting rules allow a large amount of assumption and estimation when it comes to determining a company’s bottom line. Creative accounting is a term to describe the way executives bend and twist the numbers to arrive at the results that meet their personal objectives. It takes place in industry as well as government with the result that nobody can really trust the quarterly and annual results presented in press releases. Worldcom went bankrupt after it was exposed for overstating profits by roughly $2 billion. The federal deficit numbers touted by the President are hundreds of billions of dollars less than the true deficit each year. Auditors are generally hired by the executives being audited, so the conflict of interests prevents truly independent accounting.

Corporate Governance
Shareholders of publicly traded companies generally do not have a valid say in how the companies are run. Executives choose their own slate of directors to watch over them and shareholders don’t have any real choice in the voting. Shareholder proposals are regularly blocked from inclusion on voting proxies with the approval of the Securities and Exchange Commission. Indeed, the SEC’s stated objective is to protect "shareholder confidence" rather then to actually protect shareholders. That way the people in positions of power are free to go on taking advantage of clueless investors.

Other People’s Money
With Capitalism, money (capital) is the major source of power. People who own the companies decide how they are run. With Corrupitalism most of the owners of capital have entrusted it to money managers who use it to promote their own interests. Fund managers are compensated based on short term performance. There is little incentive to seek out management teams that run companies are pursuing sound, long-term goals. Meanwhile there is a strong incentive to invest in hot performers rather than sound values. Many companies run up debt by issuing corporate bonds and then using the money to repurchase stock. While this boosts the short term performance of a company’s shares, it sets the stage for a complete collapse down the road. Pension fund, mutual fund and hedge fund managers together control most of the nation’s wealth and their short-sighted vision becomes the nation’s short-sighted vision.

Hedge Funds
Hedge funds can take the abuses of the mutual fund world to a much higher level. The standard hedge fund compensation scheme greatly rewards short-term performance with no penalty for long term failure, which encourages managers to take high levels of risk. Hedge funds are able to greatly magnify that risk by borrowing vast sums to increase the leverage of their investments. The tremendous quantity of money borrowed into existence by hedge funds has helped fuel inflationary pressures and has subjected the entire economy to great risks. Read more…..

Rodger Rafter



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July 20, 2006

CitiMortgage Involved In Kickback Scheme

The big boys are at it again, trying to beat the system out of pure greed for making even more money:

The Department of Housing and Urban Development on July 18 announced $1.6 million in settlements under The Real Estate Settlement Procedures Act (RESPA) with a national mortgage lender and two major homebuilders who engaged in a business practice involving captive title reinsurance. 

The agreements included a $650,000 settlement with CitiMortgage, Inc., and its captive title reinsurance company Chesapeake Reinsurance; a $675,000 settlement with M.D.C. Holdings, Inc., certain of its Richmond American Homes homebuilding subsidiaries and AHT Reinsurance; and a $305,000 settlement with WL Homes, which does business as John Laing Homes, a California and Colorado builder. 

Captive title reinsurance is a practice whereby a title insurance company transfers a portion of the risk and title premium to a company owned by the builder, lender or real estate broker referring the title business. 

In HUD’s view, any captive title reinsurance arrangements in which payments are not bona fide and exceed the value of the reinsurance are a violation of RESPA. HUD also has a particular concern when these arrangements involve an entity that is in a position to refer business to the primary title insurer. There is also strong evidence these arrangements are designed to generate referral fees when there is a history of few or no claims paid, HUD said. 

"There is almost never any legitimate need or business purpose for title reinsurance on a single-family residence," said HUD Assistant Secretary for Housing Brian D. Montgomery. "HUD will continue to work with the states to investigate captive arrangements to make certain that they aren’t created for the purpose of obscuring referral fees." 

The companies came forward and cooperated with HUD in reaching these settlements. In addition to the settlement payments, the companies agreed not to enter into any new captive title arrangements and to cease writing new captive title reinsurance business.

These are HUD’s first settlements in the nation involving the recipients of payments made by title companies to captive companies for reinsurance. The settlements come in the wake of recent settlements states have obtained from title insurance companies who paid significant portions of the premiums they received to such captive companies.

Broker Newswire


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