Octomom is Under the Magnifying Glass, However She is No Different from Other Foreclosure Victims

Octomom ForeclosureForeclosure victims often are not victims. A majority of them have simply overspent, or mishandled their funds. Very few foreclosure victims have no one else to blame but themselves.

Octomom is a great example of a pattern I see in numerous foreclosure cases that come across my desk.

A classic mishandling of funds, mixed with entitlement victim mentality, and not being perceptive, are some of the causes.  Another cause is an unrealistic balancing of personal budgets which leads them into foreclosure.

Often I can walk through a foreclosing home days before it gets auctioned off, and calculate enough items the homeowners could have sold to save their homes, before they fell so far behind.

The true victims are the neighbors whose home values have plunged due to the foreclosing neighbor. As the foreclosing home owners haven’t paid their mortgage payments for months, their neighbors who diligently paid their mortgages, have their homes fall further underwater. This is to the point now where most folks are not eligible to refinance, even though they have perfect credit, and have paid their mortgage on time for years.

It is time to start placing the blame on the foreclosing neighbor that has a housing slump, and not the banks or financial institutions, for falling house prices.  A lot of times the foreclosing property owner will just keep postponing their foreclosure which drives the housing market down even further!

Octomom spent her mortgage money at the hair salon on expensive Brazilian blowouts , and other items such as cable, and internet, that were not necessities.

Profiling several foreclosure victims over the years, I often see they have bloated life styles with large cable, internet, cell phone packages, gardeners, newer cars, nice electronics, over furnished homes, collectibles, the list goes on. When I explain to them to reduce their luxury items, cancel services, sell items, and save money,  their argument always is they need the items for their job search, or they are too busy searching for a job to do it. Never the less, I never see them looking hard for a job, but are indeed spending more time being in denial.  Examples can be anything from wasting their time on Facebook, chatting on internet sites, watching TV, and playing online games, internet dating, or basically doing anything to avoid reality.

A second trait I see they have more mouths than they can afford to feed by choice. In the Octomon case she has more kids than she can afford. I often see foreclosed victims have pets that they can’t afford, and these pets eat more expensive food than myself. When chatting with family members, I always find out prior to going into foreclosures when times were good, they always took their friends out for dinner and picked up the tabs at lavish restaurants,  They even bought expensive gifts for loved ones for the holidays, rather than having kept up with their mortgages, or put money away in a rainy day fund. They also have had a hard time exonerating expensive habits, such as novelty food items; Starbucks coffee, bottled water, freshly squeezed boutique juices, expensive packaged meals from the freezer aisle, fine wines, or cigarettes.

People who are not in denial of their financial situation would change their habits and be proactive. In taking the initiative, they sell their homes and belongings to keep a roof over their heads. Homes do not get foreclosed on over night. It takes months before the banks auction off a home, and often this situation is viewed as a last resort. Most foreclosure victims didn’t pay their mortgage for five months to several years, having enough time to rectify the situation if they really wanted to.  They could do this by simply short selling, working an agreement out with the banks, getting a job, selling off items to pay the difference, getting renters, and cutting their budget. There are many options that could have kept them from being a victim if they chose to be smart about it.

The true victims are the neighbors who can’t refinance, who have good credit, and pay their mortgage on time. Not the irresponsible foreclosing home owners such as Octomom, who expect that the next “housing gimmick” will bail them out.

The Promise To Secure Loan Modifications For an Upfront Fee Lands 5 Orange County Men In Jail.

A 2009 California law protects homeowners forbidding any person or business to charge an upfront fee for loan modification services was breached.
The five are charged with at least seven counts of felony grand theft and other charges are:

  • Jacob J. Cunningham, 24, of Irvine
  • Justin D. Koelle, 23, of Costa Mesa
  • Andrew M. Phalen, 25, of Mission Viejo
  • Dominic A. Nolan, 30, of Irvine
  • John D. Silva, 27, of Irvine.

Federal officials were assisted in the investigation by the Orange County Sheriff’s Department, Huntington Beach police, the California Department of Real Estate and other state and local agencies.

The 5 men started fraudulent businesses promising they could secure loan modifications for an upfront fee that was refundable if no help was obtained, but they kept the money, according to a statement Friday by Christy Romero, the inspector general who oversees the Troubled Asset Relief Program.

Along with asking for upfront fees and pocketing home owners money they are also accused of regularly changing the names, phone numbers and addresses of the companies they operated, including CSFA Home Solutions, Mortgage Solution Specialists Inc., CS & Associates and National Mortgage Relieve Center.
Investigators said three of the men, Cunningham, Nolan and Silva operated a separate scheme in which they sent out forged “conditional approval” letters to homeowners with forged logos from popular mortgage banking departments of CitiFinancial or CitiMortgage. The letters allegedly promised potential

Three of the five can be found on Facebook. Below are their profile photos.

Andrew M. Phalen, 25

Andrew M. Phalen, 25

 

 

 

 

 

 

 

 

 

 

 

 

 

Jacob J. Cunningham, 24

Jacob J. Cunningham, 24

 

 

 

 

 

 

 

 

 

 

 

 

Dominic A. Nolan

Dominic A. Nolan

 

The Illegal and Unsavory Practice of Referrals and Kickbacks in the Real Estate and Mortgage Industry

Illegal Mortgage and Real Estate Fees The one that bothers me a lot is the practice of paying referral fees to unlicensed people (friends, co-workers, family members, etc).  In most cases, this practice is illegal and for good reason.

As you know, buying a home and obtaining a mortgage is complicated and many consumers rely on real estate agents and mortgage brokers to help them through this process. Consumers trust their real estate agent or mortgage broker to assist them in getting the best and most cost effective settlement services available to meet their needs. Unfortunately, this does not always happen and consumers are often steered to higher priced settlement services.

RESPA (The Real Estate Settlement and Procedures Act) is an act that was passed by congress in 1974. It was created because various companies associated with the buying and selling of real estate, such as lenders, real estate agents, construction companies and title insurance companies were often engaging in providing undisclosed kickbacks to each other, inflating the costs of real estate transactions and obscuring price competition by facilitating bait-and-switch tactics.

There are many examples of such prohibited practices, but the one that I am referring to is the following:

Real estate agents or mortgage brokers paying “finders fees” to friends and past customers for referring new business.

 

Other examples include:

  • Title companies, mortgage brokers, lenders offering real estate agents a free chance to win a contest or prize, such as trips, money, coupons and discount certificates.
  • Mortgage brokers, lenders, title companies offering to assist real estate agents promote themselves or their property listings, by providing such things as postcards, virtual tours, and marketing materials.
  • Mortgage brokers, lenders, title companies offering to pay or defray any costs that real estate brokers or agents would otherwise have to incur, such as providing continuing education or paying disproportionate costs for joint advertising.
  • Mortgage brokers, lenders, title companies providing “thank you” gifts to real estate agents for referring business.
  • Mortgage brokers or lenders paying real estate brokers or agents a commission for referring a loan.

 

Section 8(a) of RESPA prohibits giving and receiving any fee, kickback, or thing of value for the referral of settlement service business. A violation of RESPA carries the potential for up to a year in jail and a $10,000.00 fine for each involved party.
The highly regarded real estate law treatise by Miller & Starr, California Real Estate, citing RESPA, concludes, “The Act does not prohibit a cooperative brokerage and referral agreement between real estate brokers where one broker pays a referral fee to another broker. However, a broker cannot pay any consideration to an unlicensed finder even though such payment may be legal under state law.”

Also under California law, a broker can pay compensation only to another broker or to a duly licensed salesperson through the employing broker. Even if someone is otherwise entitled to a commission split, if they are unlicensed at the time the compensation is earned it is illegal to compensate that person. It is also illegal for a broker to employ or compensate an unlicensed person for acts that require a license.

 

I believe there are 2 key reasons for this law:

  1. Such referral fees obscure price competition. The unlicensed person has monetary incentive to refer any real estate professional to any client, regardless of what he/she really thinks of that professional’s ability to serve that person who needs the given real estate or mortgage service. In other words, it’s likely that they are basically referring people to that professional for the money that he/she has to gain (for the referral), rather than the ability or quality of the professional in question.  Also, unlicensed people generally lack the ability to judge who is a “good” or “appropriate” real estate professional for a given client since they themselves are not a professional in the industry.
  2. Such referral fees inflate the costs of real estate transactions and services. Since the Realtor or loan person knows that he/she would have to pay the referring person part of the commission he/she would be earning for the service, he/she may charge the client a higher amount for the service to make up for the amount that needs to be paid to the referring person.

 

While there are certain exceptions to the law (regarding unlicensed people receiving referral fees), I believe that it would be unwise to attempt to circumvent the law through these exceptions. As a Real Estate or Mortgage Professional, rather than even give the hint of doing something illegal, it would be better for you to protect your license that you have worked hard for, and not cross the line.  It’s not worth the risk!  Remember, it’s both an unsavory and an illegal practice and RESPA violations carry the potential for up to a year in jail and a $10,000.00 fine for each involved party. It’s also best for the parties involved (in the given transaction) to keep the unlicensed/non-professional referring person completely uninvolved in the transaction.  By receiving a referral fee, that person would inherently become involved in the transaction (and they don’t “belong” in it).

There have been many RESPA reforms to Real Estate and Mortgage Lending laws over the past several years.  These reforms were necessary to prevent Real Estate and Mortgage professionals from taking advantage of consumers to the extent that a real estate bubble can be created.  Illegal kick-backs and referrals are at or near the top of the list of the reforms.

Moving forward, the elimination of illegal referral and kick-back fees will help to create a more transparent, professional, and even playing field among real estate professionals in the industry. Real estate professionals and consumers alike need to be aware of both the laws against such practices and the reasons why these laws exist.

 

George Sudol  is the Broker/Owner of Bay Area Realty Services, a successful San Francisco Bay Area residential Real Estate firm. He also owns and operates Bay Area Mortgage Alliance, a California residential mortgage lending brokerage. See more at www.ba-realtyservices.com , Email george@ba-realtyservices.com, or Call 650-242-4079

 

 

Mortgage Scams How to Spot and Avoid Home Loan Fraud

It might not always be easy to spot mortgage scams. However, it can help to know some of the warning signs to look out for. Below are six red flags that might indicate you could be dealing with home loan fraud or mortgage scam:

 

  • A company tries to pressure you to sign over the deed to your home or sign any paperwork that you haven’t had a chance to read, and/or that you don’t fully understand. Never sign any documents without reading them first. Many homeowners think that they are signing documents for a loan modification or for a new loan to pay off the mortgage they are behind on. Later, they discover that they actually transferred ownership of their home to someone who is now trying to evict them. A legitimate housing counselor would never pressure you to sign a document before you had a chance to read and/or understand it.
  • A company/person you don’t know asks you to release personal financial information online or over the phone. You should only give this type of information to companies that you know and trust, like your mortgage lender or an approved HUD counseling agency.
  • A company/person asks for a fee in advance to work with your lender to modify, refinance or reinstate your mortgage. This fee might be called a processing fee or an administrative fee. However, once you pay the fee, you probably will never hear from this person or company again. When you try calling them, you will never get in contact with them and you certainly will not get your phone calls returned. They may pocket your money, keeping the money for themselves, and do little or nothing to help you save your home from foreclosure.
  • A company/person guarantees they can stop a foreclosure or get your loan modified. Nobody can make this guarantee to stop foreclosure or modify your loan. Legitimate, trustworthy HUD-approved counseling agencies will only promise they will try their very best to help you.
  • A company/person advises you to stop paying your mortgage company and pay them instead. Despite what a defrauder will tell you, you should never send a mortgage payment to anyone other than your mortgage lender. The minute you have trouble making your monthly payment, it is in your best interest to contact your mortgage lender.
  • A company claims to offer “government-approved” or “official government” loan modifications. They may be mortgage scam artists posing as legitimate organizations approved by, or affiliated with, the government. The scammer’s company name and website may sound like a real government agency, but the website may end with .com or .net instead of .gov. You may also see terms like “federal,” “HAMP,” “MHA,” “HARP” or other words related to official U.S. government programs. Contact your mortgage lender first. Your lender can tell you whether you qualify for any government programs to prevent foreclosure or modify your current loan. And, remember, you do not have to pay any organization or company to benefit from government backed loan modification programs.

 

When Will the Mortgage Industy Start Revoking Licences – Second NAMB President Signs Consent Agreement with PA Department of Banking Bureau Compliance Investigation & Licencing for Violating and doing Unethical Loans

Michael D'Alonzo Company was caught doing fraudulent FHA Loans but yet NAMB voted him in president - How corrupt is the system if this man is looked at as a leader? When will ethics be valued more, rather than cronyism

Current National Association of Mortgage Brokers (namb.org) President Michael D’Alonzo and his company, Creative Mortgage signed a consent agreement with the Commonwealth of Pennsylvania for violations of the Real Estate Settlement Procedures Act and the Pennsylvania Mortgage Licensing Act.

The state alleged that on 18 occasions Creative Mortgage, Michael D’Alonzo owned company, a non FHA-approved mortgage broker, submitted FHA insured mortgage loan applications to an FHA-approved broker and received compensation.  Consumers were to have allegedly paid over $84,000 in excessive and/or unearned fees payable to Creative Mortgage.

D’Alonzo is the second President of NAMB to be in trouble with the Commonwealth of PA.  Earlier this year, George Hanzimanolis signed a consent decree with the state.  Details of his agreement can be found HERE.

D’Alonzo in an article in the National Mortgage News had this to say about Hanzimanolis:

The editor asked
“ Has there been anyone in particular you have looked up to as a mentor in the industry?

Michael D’Alonzo responded with
Yes, it would be my longtime friend, George Hanzimanolis. Any time I have questions or second guess myself, I call George. He’s always been the voice of reason for me, and he’s probably one of the best presidents that NAMB has ever had. He always keeps me grounded with his advice.

Both D’Alonzo and Hanzimanolis continue to be licensed for mortgage originations in Pennsylvania among others that have done fraudulent business practices. When will the mortgage industry start revoking licenses? What will it take? How many people need to be scammed?