Flipping, flopping and booming mortgage fraud

CHICAGO, (Reuters) – The house on the 53rd block of  South Wood Street in Chicago’s Back of the Yards doesn’t look  like a $355,000 home. There is no front door and most of the  windows are boarded up.

Public records show it sold in foreclosure for $25,500 in  January 2009, then resold for $355,000 in October. In between,  a $110,000 mortgage was taken out on the home, supposedly for  renovations. This June, the property went back into  foreclosure.

To Emilio Carrasquillo, head of the local office of  non-profit lender Neighborhood Housing Services of Chicago  (NHS), the numbers don’t add up. He believes this is a case of  mortgage fraud.

It may not make the blood boil like murder or rape, but  mortgage fraud is a crime that cost an estimated $14 billion in  2009 and could be hampering an already fragile recovery in the  housing market. The FBI has been fighting back, assembling its  largest ever team to fight it. They have their work cut out for  them, though, as a tsunami of foreclosures is making classic  scams easier and spawning new ones to boot.

“There’s no way any property in this neighborhood should  sell for that kind of money,” said Carrasquillo, standing  outside the house on Wood Street in this poor, predominantly  black area of Chicago’s South Side. “Even if it was in great  condition.”

Carrasquillo has identified a number of properties in Back  of the Yards that sold for between $5,000 and $30,000 last year  and then came back on the market for up to $385,000. He said  property prices are being artificially inflated, allowing  fraudsters to walk away with vast profits and making it harder  for honest local people to buy a home.

Mortgage fraud takes many forms, but a well-organized scam  frequently involves a limited liability company (LLC) or a  “straw buyer.” In this scheme, fraudsters use a fake identity  or that of someone else who allows them to use their credit  status in return for a fee. The seller pockets the money the  buyer borrows from a lender to pay for the home. The buyer  never makes a mortgage payment and the property goes into  foreclosure.

In other words, the money simply disappears, leaving the  lender with a large loss. Since the U.S. government is now  backing much of the mortgage market in the absence of private  investors, that means “taxpayers are ultimately on the hook for  fraud,” said Ann Fulmer, vice president of business relations  at fraud-prevention company Interthinx.

Back of the Yards was hit by fraud during the housing boom  and Carrasquillo says the glut of foreclosures is now making it  easier for scammers to pick up properties for a song and flip  them for phenomenal profits.

Drug dealers and gang members have taken over abandoned  houses, many adorned with spray-painted gang signs. Prior to  touring the area, Carrasquillo attached two magnetic signs  touting the NHS logos on his minivan’s doors to show he is not  a police officer. He said he also prefers touring in the  morning, as drug dealers and “gangbangers” tend not to be early  risers.

“These properties are just going to sit there, boarded up,  broken into and a magnet for crime,” he said. “And that makes  our job of trying to stabilize this neighborhood so much  harder.”

CRACKDOWN NETS MORE REPORTS OF FRAUD

The U.S. Federal Bureau of Investigation said in a report  released on June 17 that suspicious activity reports (SARs)  related to mortgage fraud rose 5 percent in 2009 to around  67,200, up from 63,700 the year before. The number had tripled  from 22,000 in 2005 and the number of SARs for the first three  months of 2010 hit nearly 38,000.

“We don’t see the number declining while foreclosures  remain so high,” said Sharon Ormsby, section chief of the FBI’s  financial crimes section.

Robb Adkins, executive director of the Financial Fraud  Enforcement Task Force, is known as U.S. President Barack  Obama’s financial fraud czar. He describes mortgage fraud as  “pervasive” and fears it is exacerbating the nation‘s real  estate woes. “That, in turn, could act as an anchor on the  economic recovery,” he said.

For the housing market to recover, potential homeowners  need confidence in home prices and investors need confidence to  get back into the secondary mortgage market, Adkins explained.

Since the subprime meltdown, a wide variety of scams have  come to the fore. They include big cases like that of Lee  Farkas, the former head of now bankrupt mortgage lender Taylor,  Bean & Whitaker Mortgage Corp, charged in June with fraud that  led to billions of dollars of losses. The scheme involved the  misappropriation of funds from multiple sources, including a  lending facility that had received funding from Deutsche Bank  and BNP Paribas.

That appears to be the scam of choice. On July 22, for  instance, seven defendants were indicted in Chicago in a $35  million mortgage fraud scheme involving 120 properties from  2004 to 2008 using straw buyers. Of the half dozen properties  listed in the indictment, two were in Back of the Yards.

In the mid-2000s, the availability of easy money, poor due  diligence by lenders and low- or no-documentation loans, acted  as a magnet for fraudsters, who used identity theft and other  scams to bag large sums of cash.
“During the boom it was almost like people in the real  estate market could do no wrong,” said Ohio Attorney General  Richard Cordray. “As ever more money rushed in, it attracted a  lot of people who engaged in shady behavior.”

Instead of leaving them without a market, the crash has  instead provided fraudsters with a glut of foreclosures,  stricken borrowers and desperate lenders to take advantage of.

“There were plenty of opportunities for fraud on the way up  and there are plenty on the way down,” said Clifford Rossi, a  former chief credit officer at Citigroup and now a teaching  fellow at the University of Maryland in College Park.

Alongside familiar scams like property flipping, the crash  has added new terms to the lexicon: short sale fraud, builder  bailouts and flopping. Rescue scams targeting struggling  homeowners with false promises of help are also on the rise.

If some of the mechanisms are new, a lot of the fraudsters  are not: in many cases, they turn out to be mortgage brokers,  appraisers, real estate agents or loan officers. “Because  they’re insiders, they see exactly what’s happening and they’re  able to stay one step ahead of the game,” said Todd Lackner, a  fraud investigator in San Diego. “They’re the same people who  were committing fraud during the boom and they were never  caught or prosecuted.”

BACK TO THE YARDS
Just a stone’s throw from downtown Chicago, Back of the  Yards is the setting for Upton Sinclair’s classic 1906 novel  “The Jungle,” a tale of grueling hardship and worker  exploitation at the city’s stockyards. The book includes an act  of mortgage fraud against an unsuspecting Lithuanian family.
“Mortgage fraud is nothing new,” said Christopher Wagner,  co-managing attorney of the Ohio Attorney General’s Cincinnati  office. “It’s been around for a long time.”

Saul Alinsky, considered the founder of modern community  organizing, started out in Back of the Yards in the 1930s.  Decades later, a young community organizer named Obama got his  start near here.

The neighborhood has always been poor, but south of the old  railway tracks at W 49th St, the housing crisis’ legacy of  empty lots and boarded-up homes is evident on every block.  There are few stores and services available — in four separate  visits for this story, no police vehicles were sighted.

“This is what we refer to as a ‘resource desert,’“  Carrasquillo said. “When no one pays attention to an area like  this, it makes it easier to get away with fraud.”

Marni Scott, executive vice president for credit at Troy,  Michigan-based lender Flagstar Bancorp, says there are  virtually no untainted sales in the area. “There are no cases  of Mr and Mr Jones selling to Mr and Mrs Smith.”
“We see cases of mortgage fraud around the country,” she  added. “But there’s nothing out there that could match the  mass-production, assembly-line fraud that’s going on here.”

In 2008 Flagstar instituted a rule whereby any loan  applications here and in parts of Atlanta — another fraud hot  spot — must be approved by Scott and the lender’s chief  appraiser. In a Webex presentation, Scott rattles through a  number of properties snapped up for pennies on the dollar in  2009 and then sold for around $360,000.

She provides an underwriter’s-eye-view of one property, on  the 51st block of South Marshfield Avenue, sold in foreclosure  in July 2009 for $33,000. In January of this year Flagstar  received a loan application to buy the house for $355,000.

The property appraisal — compiled by an appraiser who  Scott believes never visited the area — showed four nearby  comparable properties of around the same age (100 plus years)  sold recently for around $360,000. The trick to this kind of  scheme is engineering the sale of the first few fraudulently  overvalued properties to get “comps” — comparable values — to  fool appraisers and underwriters alike.

“Miraculously, all of these properties were all within a  very narrow price range,” Scott said with weary sarcasm. “This  is a perfect appraisal for an underwriter. If you are an  underwriter sitting in Kansas or California it all looks fairly  straightforward so you can just hit the button and approve  it.”

Using a $5 product called LoanIQ from U.S. title insurer  First American Financial Corp called LoanIQ, Flagstar  determined the application itself was fraudulent and there was  a foreclosure rate in the area of nearly 60 percent. What is  more, property prices here spiked 84 percent last year after 44  percent and 26 percent declines in 2008 and 2007.

“No neighborhood should look like this,” said Scott, who  declined the application.

Last April, however, another lender approved a loan  application for $335,000 on the same property from the same  people.

FORECLOSURE MAGNET
Reports this year from Interthinx, CoreLogic Inc and the  Mortgage Asset Research Institute (MARI) — which all provide  fraud prevention tools for lenders — show foreclosure hotspots  Florida, California, Arizona and Nevada are also big mortgage  fraud markets.

MARI said in its April report that reported mortgage fraud  and misrepresentation rose 7 percent in 2009, adding fraud  “continues to be a pervasive issue, growing and escalating in  complexity.”

Denise James, director of real estate solutions at  LexisNexis Risk Solutions and one of the author’s reports, said  reported fraud will continue to rise throughout 2010.

In its first-quarter report, Interthinx said its Mortgage  Fraud Risk Index rose 4 percent to 151, the first time it had  passed 150 since 2004. A figure of 100 on the index would  indicate virtually no risk of fraud.
According to various estimates, the 30310 ZIP code in  Atlanta is one of the worst in the country. An analysis of that  ZIP prepared for Reuters by Interthinx showed a fraud index of  414, making it the eighth worst ZIP code in the country. Back  of the Yards — ZIP code 60609 — had an index of 309.
“In some neighborhoods in Atlanta there hasn’t been a clean  transaction in 10 years,” Interthinx’s Fulmer said.

In 2005 local residents here formed the 30310 Fraud Task  Force. Members sniff out potential signs of fraud — such as  repeated property flipped — and report them directly to the  FBI and local authorities. Information from the task force led  to the arrest of a 12-member mortgage fraud ring on Sept. 15,  2008 — better known in the annals of the financial crisis as  the day Lehman Brothers filed for Chapter 11 bankruptcy  protection.

Brent Brewer, a civil engineer and task force member, said  the arrests had a noticeable impact on fraud in the area. “It  made a statement that if you come here to commit fraud there’s  a good chance you’ll get caught,” he said.
But Brewer harbors no illusions the fraudsters are gone.  “There’s no way they can catch everyone who’s involved in  fraud. But if you’re dumb, greedy or desperate, you’re going to  get caught.”

FBI GETTING INTERESTED

Law enforcement has come a long way in combating mortgage  fraud, though officials freely admit that’s not saying much.

Ben Wagner, U.S. attorney for the eastern district of  California, said as mortgages are regulated at the state and  local level, for years there was little federal interference.  Prior to the recent boom, he said, fraud simply “was not  identified as a huge problem.”

“There has been a little bit of a learning curve,” Wagner  said. “This was not something federal prosecutors had much  familiarity with. Now we’re getting pretty good at it.”

Half of Wagner’s 50 or so criminal prosecutors focus on  white-collar crime including fraud. Two new prosecutors will be  dedicated solely to mortgage fraud.

Now mortgage fraud is a known quantity, Wagner said all  U.S. prosecutors tackling it are linked by Internet groups. The  May edition of the bi-monthly “United States Attorneys’  Bulletin” (published by the Executive Office for United States  Attorneys) was devoted entirely to mortgage fraud.

The FBI has more than 350 out of its 13,000 agents devoted  to mortgage fraud. There are also now 67 regular mortgage fraud  working groups and 23 task forces at the federal, state and  local level. “This is the broadest coalition of law enforcement  ever brought together to fight fraud,” Adkins said. He  admitted, however that limited resources to fight fraud still  pose a challenge.
In June U.S. authorities said 1,215 people had been charged  in a joint crackdown on mortgage fraud. Many of the charges  were for crimes committed years ago.

Latour “LT” Lafferty, the head of the white-collar crimes  practice at law firm Fowler White Boggs in Tampa, Florida, said  fraud in the boom was so pervasive that many crimes will go  undetected and unprosecuted. “Everyone had their hands in the  cookie jar during the boom,” he said. “Lenders, brokers,  Realtors, homeowners … everyone.

OLD DOG, NEW TRICKS
A new mortgage scam born out of the housing crisis is short  sale fraud. Short sales are a way for stricken homeowners to  get out of their homes, whereby in agreement with their lender  they sell their home for less than they paid for it and are  forgiven the remainder.
But they have also proven a tempting target for fraudsters,  usually involving the Realtor in the deal. Lackner, the fraud  investigator in San Diego, described a typical scheme: “Let’s  say you have a property up for short sale that you know as a  Realtor you can get $350,000 for,” he said. “But you arrange a  low-ball appraisal of $200,000 and have someone make an offer  of that amount.”

“The Realtor says to the bank this is the best offer you’re  going to get, take it or leave it,” he added. “Then they turn  around and flip it immediately for $350,000. In cases like  this, the lender is probably already stuck with a lot of  foreclosed properties and doesn’t want more. So they go for  it.”
Where the process of fraudulent appraisals overvaluing a  property for sale is “flipping,” deliberately undervaluing them  has become known as “flopping.”

Bob Hertzog, a designated real estate broker at Summit Home  Consultants in Scottsdale, Arizona, says he gets emails from  unknown firms offering to act as a “third-party negotiator”  between the seller and the bank with what turns out to be a  grossly undervalued bid.

Hertzog has tried tracing some of the LLCs, but describes a  chain of front companies leading nowhere.

“The problem is it is so cheap and easy to set up an LLC  online that sometimes they are set up for just one  transaction,” Flagstar’s Scott said. “And if they’re set up  using fake information or a stolen identity, it’s very hard to  trace who’s behind them.”
Many web sites boast they can help you form an LLC online  for under $50.

Another common target for fraud is the reverse mortgage.  Designed for seniors to release equity from a property,  according to financial fraud czar Adkins, they have been used  to commit a “particularly egregious type of fraud.”
Fraudsters commonly forge their victims’ signatures and,  without their knowledge or consent, divert funds to themselves.  The scam is worst in Florida, a magnet for American retirees.
“Unfortunately it is often not until the death of the  victim that their heirs realize that all of the equity has been  stripped out of the property by fraudsters,” Adkins said.

But Arthur Prieston, chairman of the Prieston Group, which  sells mortgage fraud insurance and has launched a patented  system to rate lenders on the quality of their loans, said most  mortgage fraud he comes across consists of ordinary people  fudging figures to get a loan. “The vast majority of the fraud  we see is where people intend to occupy a property, but can’t  qualify for a loan,” he said. “They’ll do anything to get that  loan approved.”

He added this is achieved with the active collusion of  Realtors, brokers and lenders looking to make a sale and keep  the market moving. Before his firm issues fraud insurance it  reviews a lender’s loans and between 20 percent and the 30  percent of the loans reviewed so far have had “red flags.”
The problem with assessing the extent of the damage caused  by mortgage fraud is that it’s not just the dollar amount of  the fraud itself. It also hits property values, property taxes  and often causes crime to rise.

“Most people interpret white collar crime as a victimless  crime, where the bank pays the price and no one else,” said  Andrew Carswell, associate professor of housing and consumer  economics, University of Georgia. “This is a mistaken  perception … neighborhoods and homeowners pay the price.”

UNCOVERING THE SCAMS

Companies like Interthinx, CoreLogic and DataVerify all  have data-driven fraud prevention tools for lenders.  Interthinx’s program, for instance, identifies some 300 “red  flags” including a buyer’s identity and recent sales in a  neighborhood, while CoreLogic uses pattern recognition  technology.

CoreLogic also aims to bring a short sale fraud  product to the market soon.
Interthinx’s Fulmer said regardless of the source, on  average solid fraud prevention tools can be had for as little  as $10 to $15 per loan. “The tools out there enable us to see  what’s going on out there right now in real time,” she said.

Apart from fraud insurance, Prieston Group’s new credit  rating system for lenders should have enough data within the  next year to start providing valid ratings.

Prieston said the firm’s insurance product is growing at  more than 100 percent per month, while CoreLogic’s Tim Grace  said the firm’s fraud prevention tool business was booming.

Many lenders are also sharing more information about bad  loans, though LexisNexis’ James said it is not nearly enough.  “If lenders don’t start to share more information then  fraudsters will continue to go from bank to bank to bank until  they’re caught,” she said.

The University of Maryland’s Rossi said what the industry  needs is a “central data warehouse” to combat fraud. “There has  been a failure of collective data warehousing across the  industry,” he said.

Mortgage Bankers Association (MBA) spokesman John Mechem  said members have no plans for a central database, but added  “we view our role as being to facilitate and encourage  information sharing in the industry.”

The U.S. Patriot Act of 2001 allows lenders a safe harbor  to share information, but does not mandate it. “We always  encourage more information sharing,” said Steve Hudak, a press  officer at the U.S. Treasury Department’s Financial Crimes  Enforcement Network, or FinCen. “As of now, however, this is an  entirely voluntary process.”

But Rossi said the government should step in. “The Federal  government is probably going to have to take the initiative  because I don’t see the industry doing this one on its own,” he  said. “I am personally not a fan of big government, but we need  more information sharing.”

Ultimately, the expectation is lenders will be forced  either to improve due diligence, or face being pushed out of  business as investors burned by sloppy underwriting during the  boom urge them to adopt fraud prevention tools.
“Investor scrutiny is going to be higher than it ever has  been,” Rossi said. “The days of a small amount of due diligence  are gone.”

Many investors are also investigating their losses and  forcing lenders to repurchase bad loans. This is resulting in  “thousands of repurchases a month,” according to Prieston.
“When it comes to small lenders with only a few million  dollars of loans, ten repurchases will absolutely put some of  them out of business,” he said.

The government now guarantees more than 90 percent of the  mortgage market and forms almost the entire secondary mortgage  market, as private investors have not returned. The FHA, Fannie  Mae and Freddie Mac are thus seen as playing an instrumental  role in pushing improved due diligence to clean up the  government’s multi-trillion dollar portfolio.
FHA commissioner David Stevens was appointed in July 2009.  Since then the FHA has shut down 1,100 lenders, after decades  in which the government closed an average of 30 lenders  annually. He says most lenders he deals with are of a “very  high quality,” but that “there are still lenders that either  don’t have controls in place or are proactively engaging in  practices that pose a risk to the FHA.”

Stevens does not expect to shut down lenders at the same  rate as the past year, but added “the number will be much  higher than the historical average.”

CoreLogic’s Grace said most large lenders have the tools in  place to combat mortgage fraud, but admitted he was concerned  about some smaller lenders. “The next shakeout of weak lenders  will take place over the next 12 to 24 months,” he said.

The MBA’s Mechem said the U.S. mortgage market must be  cleaned up if it is ever to return to normal. “The one thing  private investors need to get back into the secondary market is  confidence,” he said. “And investors won’t risk buying  mortgages if they don’t have confidence in the quality of the  loans. Restoring that confidence is going to play a pivotal  role in restoring the markets.”

In the meantime, mortgage fraud is expected to cause more  problems in areas like Back of the Yards in Chicago.

Three doors down from the boarded-up, foreclosed property  that has aroused Carrasquillo’s suspicions, father-of-three Oti  Cardoso says he and his neighbors try to cut the grass at the  abandoned properties on his block and to keep thieves out. But  he has heard most empty houses end up occupied by gang  members.

“I want my children to be safe, I don’t want drug dealers  here,” he said. “I have tried to find the owner of these houses  so I can work with them to help keep their homes clean.”

“If they only knew what was happening here,” he added, “I’m  sure they would want to do what was right.”