Posts filed under “Legal”
Get ready for some more Housing bottom calls!
Thanks to some interesting regulations passed recently by New York, California, and Massachusetts, there is now additional notice requirements that must be complied with prior to initiating foreclosure procedures.
Hence, we should expect to see the defaults and repossessions procedures that would have begun in August and September 2008 not show up in the data until wont show up until October and November 2008.
Here is a an excerpt from the WSJ:
"When the research firm RealtyTrac Inc. releases its latest foreclosure report Thursday, don’t be surprised if the number of filings declines again.
Last month, RealtyTrac reported that foreclosure filings totaled 252,363 in June, down 3% from the previous month. Some analysts are expecting the July data to show another decline or very little change.
If that happens, could the improvement be a sign that the foreclosure problem is ebbing? Probably not. The data may reflect several developments aimed at reducing foreclosures, including new state and municipal laws that put a temporary moratorium on foreclosures. Such laws are designed to give homeowners more time to work with their lenders and modify troubled loans.
Some cynics say the laws are designed to give the appearance that the housing crisis is easing ahead of the November elections."
Cynical, us? No, never!
What are the new legislative rules for foreclosure notices ?
• California requires lenders to wait an additional 30 days after a homeowner misses the first payment before filing a default notice;
• Massachusetts now gives homeowners a three-months grace period after they default on their mortgage before the lender can file to foreclose. (The law is credited with an 84% drop in foreclosure petitions);
• New York passed a bill last week that requires lenders to send a preforeclosure notice to certain borrowers at least 90 days before foreclosure proceedings may be initiated;
Of course, these notice requirements only delay the inevitable for the vast majority of foreclosures.
Expect more false bottom calls in the housing market of the next 90 days.
Bank Lending Practices Tighten as Loan Demand Falls (August 2008)
Slowing Foreclosures May Mask Breadth of Woes
WSJ, August 11, 2008; Page A2
Long time readers are familiar with my fascination with antique sports cars. One of my pals, Jan, is a well known Porsche collector who is also affiliated with the International Automotive Appraisers Association (IAAA). Its a hobby for him, and he specializes in the rehabilitation and appraisal of antique sports cars. He has rebuilt and appraised everything from celebrity Bugattis to classic Ferraris to modern supercars.
I call Jan "landed gentry" — he’s owned a major car rental firm (sold it), develops real estate, buys/sells land and houses. He is quasi-retired, leaving him plenty of time to play with his many fine automobiles — and for us to discuss the housing market collapse.
Amongst our many discussions, we have gone over the issue of housing appraisal fraud. So when the IAAA newsletter sent out the tale (below) to its members as a warning against fraud, conflict of interest, and corruption, it got his attention — and he forwarded it to me. His comments were: "This is even worse than the nightmare of corruption you described."
Let me hasten to add that many appraisers were offended by the corruption of colleagues in their industry, especially those greased by the worst elements among mortgage brokers and real estate agents. In 2005, more than 8,000 appraisers — roughly 10 percent of the industry — signed a petition asking the federal government to take action; the White House and Federal agencies demurred, and appraisal fraud continued unabated. Eventually, Phony and Fraudy cut a deal with NYS AG Cuomo to stop enabling the appraisal fraud.
Which brings us to the now defunct Indy Mac, and the below diatribe about the criminality, corruption, and rampant appraisal fraud that was the CountryWide spinoff’s stock in trade.
Martin was the chief commercial appraiser for Indy Mac from October 15, 2001, to when he was terminated six months later for failing to look the other way or actively engage in fraud. Most of the details below are culled from the public record of his wrongful termination litigation, which was eventually settled in Martin’s favor.
My quick overview of the conflicts, fraud, and criminality at Indy Mac —
• Underwriting loans based on appraised values well above purchase prices;
• Fabricating rent rolls for commercial properties to be appraised;
• Over-stating Construction work as 80% complete versus 15% in actuality;
• Attempting to change discounted cash flow models for subdivisions in order to increase appraised value;
• Attempted intimidation of Appraisers;
• Providing false information to appraisers;
Conflict of interests:
• Appraising a development where the land was being purchasing from David Loeb, IndyMac’s Chairman of the Board;
• On one transaction, the CEO’s father and father-in-law were
commercial construction inspectors for the firm; the loan officer was
the CEO’s brother (a former police officer with no loan experience);
That’s just the overview.
Amazingly, these events took place before the enormous Housing and Construction boom from 2003-06. One is left to imagine just how insane the place must have been during that period. I’d love to find the details, and given the enormous lending losses — $8B and counting — we can only begin to imagine what sort of rampant fraud took place. I hope the FDIC releases a full report of their investigation of the collapse of Indy Mac. (Gee, I wonder how Senator Schumer caused THOSE problems back in 2001? CNBC should know better than to publish trash such as this.)
You really need to read the entire piece to get a feel as to just how much of a criminal enterprise Indy Mac was before it went under.Is it any surprise the entire firm, and not just any individuals, are under FBI investigation for Fraud?
These things have a tendency to disappear, so I am capturing a PDF and the text (after the jump) in case it somehow vanishes.
Idiots Fiddle While Rome Burns (July 2008)
My experience at IndyMac
Vernon Martin, Certified General Appraiser
Appraiser’s Forum, 07-14-2008, 12:41 AM
Appraisal fraud: your home at risk
Appraisers say they’re being pressured by lenders to inflate their estimates of home values
CNN/Money June 2, 2005: 9:56 AM EDT
Fannie Mae, Freddie Mac agree to new appraisal standards
L.A. Times, March 04, 2008
My experience at IndyMac- General Real Estate, Mortgage, and Economic Discussions – Appraisers Forum PDF Download my_experience_at_indymac.pdf
IndyMac fraud probe launched; FBI looking into firm, not individuals
Lara Jakes Jordan, The Associated Press 07/16/2008 09:08:13 PM PDT