Saturday, November 28, 2009

A Primer on Mortgage Fraud Prosecutions and Why Every Homeowner and Mortagage Salesman Ought to See a Criminal Attorney Right Away.

I wrote this about a year and a half ago. I was right on the money. I published it on That Lawyer Dude blog, but I am putting it up again with a few "Fixes" that do not change the prediction but do help make the post a little clearer.

Again IF You or someone you know, think you may have "made a mistake on a mortgage loan app", or if you signed a few documents without writing on them, allowing the mortgage broker to "fill in the blanks at another point in time" or if you are a mortgage broker or loan officer or someone else in the business who is afraid that there were shenanigans going on at their office, NOW is the time to hire an Attorney. DO not wait for the FBI to come knocking on your door.

Okay I am now going to explain the Mortgage Fraud Prosecution time- line for you by repeating our old article. Leave a comment if you have any questions:

"Sub-Prime Mess Leads to Mortgage Fraud Prosecutions: The Millionaires Play While the Homeowners Will Pay With Their Freedom

On Friday (4/18/08)the FBI announced that the sub prime mortgage mess is going to lead to an up-tick in mortgage fraud prosecutions.

Now what that translates into is that everyone who did something to help homeowners buy houses that they could not afford will be prosecuted, while the banks that profited all those years will pretend that they were unaware of the rampant fraud in the marketing of mortgages so that they can get as much of their money back while little players go to Federal prison.

I know that many of you are confused by the sub-prime mortgage mess. In a nutshell, the banks lent money to homeowners and buyers without requiring that they have any equity in the house. Now the mortgagor (the owner) can no longer afford the mortgage and has no equity (a reason to keep the house as an investment) in the home so he walks away from the debt leaving the bank holding the mortgage and the house.

Now why can't the bank just sell the house? Because it is worth less than the amount owed on it and so the bank will take a loss. Do that over and over again, and voile you got a mess of banks going belly up. The most recent failure was at Bear Sterns (hereinafter BS, for so many reasons).

Well, you may say, "sounds like they made bad investments. They should have to pay for using bad judgment." Yeah Right. They completely screwed up and yet you should see how they were rewarded before they went under. Lets look at some of the principal players at BS:

Alan Schwartz: is the CEO, President and basically the chief honcho.

Sam Molinaro Jr.: is the COO and the CFO and is basically the number 2 guy

Mike Minikes: is the treasurer of B/S

Mr. Michael S. Solender: is the attorney.

A fast review of their recent (last 6 months) trading of their options (which they received gratis as part of their "salaries") goes like this:

Schwartz made Six Million Dollars on the sale of his options of stock on Dec. 21 2007.

Molinaro made 2.5 Million Dollars on his sale the same day (he sold less).

Minikes made 2.3 Million Dollars on his sale.

Solender made 185 Thousand Dollars on his sale of options.

This is all in addition to multi Million Dollars salary and benefit packages they get!!

So the government is going to get these guys to give back the money right?? WRONG. They are going to get to keep the spoils of being horrible business people who cost their little shareholders millions.

So who is the government looking for? The favorite scapegoat... the little guys.

You see, BS is pretending that they never heard of inflating an income or an appraisal in their lives. ("I'm shocked, shocked to find that gambling is going on in (Casablanca)!)

For years BS (and others, I am not just picking on Bear Sterns they are just one example) made a fortune on the lies of brokers and homeowners. They knew of them, and allowed them to continue to lie about income and equity, until the bottom of the market hit like the end of a Ponzi scheme. Only difference is that the company was left holding the bag along with a lot of people who are or are going to be homeless.

You may be asking how this means homeowners are going to jail. Here is the answer:

Many (if not most) homeowners over the last 10-15 years have been playing a game that allows them to get the equity out of their homes and use the homes like an asset. By refinancing they received 100% equity and sometimes more. They used phony appraisals (which would "convince" the banks that the home was worth more than it was) and over estimated their incomes (to "convince" the bank they could pay the monthly payment.)In some cases they allowed mortgage brokers to write in the information for them on documents they signed in blank.

In other words, they lied on application documents. These banks have federal funding and insurance... Hence you have a federal case. Thanks to the advent of the US Sentencing Guidelines, prison is always an option. Now the government doesn't really want to put all that many people in prison. Just enough to scare the bejesus out of everyone so that they begin to tell on their partners in this venture, the appraisers and the mortgage brokers.

Now let's face it. When a homeowner went to the broker, he wanted more money than he had equity. The broker who could get the loan for him was going to get the business and make a commission. Now the broker didn't want the buyer to go bankrupt. He usually thought the homeowner could afford the mortgage. Why did he think that? Because the homeowner was lying about his income. Usually not a big lie, often under Fifty (50) Thousand Dollars, just to make sure that they could qualify for the loan. After all a person can over-estimate a little, no?

So the Broker needs to find an appraiser who will fudge the numbers a little. It isn't hard. The appraiser wasn't making much for his work. So the Mortgage broker found a few who needed extra money and offered them a piece of any deal they helped get for the broker. Often the homeowner "tipped" the guy as well. After all a person can over estimate a little, no?

Then the salesman goes to the hungry loan officers or underwriters whom he the broker pays...(this is the proverbial fox watching the hen house) with a bunch of these loans and these "safety valuves" sees a big commission check coming and they take on a bunch of seemingly good loans and a few bad ones cause after all a person can be off a little, no? Besides the company is just going to bundle them up (the loans some good and some bad) and sell them to a hedge fund owner so he will bear the loss and he is insured by some outfit known as AIG... (Now you ought to be able to see where this is leading...)

Now to "get" the people who made money here, the government needs to make the case against them from the bottom up. First they will go to anybody who over-estimated their income and look to turn him against the broker and the appraiser.

It will work like this:

They will send an investigator to the door of some home in say Queens, Nassau or Suffolk County. He/she will ask if you are the homeowner and they will then question you without giving you Miranda rights. This is legal. You only get Miranda card readings when you are under arrest and questioned.

They won't tell you you need a lawyer, they will only tell you how much trouble you're in. They may even threaten to arrest you if you do not speak to them. DON'T DO IT. They are going to arrest you anyway.

Then they will offer to let you off easy if you will implicate the broker. After all you're not smart enough to over-estimate your income. The Broker told you what to write down RIGHT??

The Broker got the Appraiser right? The appraiser told you he could make the appraisal look good for you for a little "tip" right?

Now "tell them what they get for trying to own a home on Long Island Johnny." "Well Bob they get to hire a Criminal Defense Lawyer who is going to cost them 25 thousand dollars or more, AND they get to implicate the people who helped them afford a home in Queens, Nassau or Suffolk County, maybe even a relative or friend who was a mortgage broker or appraiser, and face a criminal fraud conviction and the possibility of Three year vacation in a Federal Prison!!!"

"Hold it! Hold it! Hold it" you say. "I am paying my mortgage. I have nothing to worry about."

WRONG. When the FBI gets the names of the brokers from the lenders, they will look to see what loans were generated by those guys. Did they use the same appraiser each time (usually they do)? Then they will look at those applications. Check the information in the apps against what they have on file for you (you know, your IRS Form where you tried to limit your income) IF (When) they find discrepancies, they will come for you too, to get the people who sold loans.

In fact, if you are still in your beautiful Long Island residence and haven't defaulted, you are easier to get. You don't already have a lawyer (so now there is none of that ugly "statement suppression" issue) and they know where to look for you (your not homeless yet.)

So you testify against your friend or loved one and then one of them turns on the others and in the end of the game you all have to pay "restitution" to the "defrauded" banks and the guys who knew all of this, and who profited from it the most, keep their millions. You on the other hand have a criminal record, have to hire a lawyer and lost your house and maybe met some new friend in prison named Bubba.

Don't let this happen to you. If you are a Mortgage Broker, Appraiser, or Homeowner/mortgagor, get to a Criminal Defense Lawyer now. Even if you are sure you will not be a target of an investigation, it is smart to get a lawyer and let him speak to whomever he thinks will help you to win the day. Let whoever comes knocking on your door from the federal government know that you have a lawyer on retainer. CALL YOUR LAWYER as soon as the investigators come to the door. Do not say anything to them without your lawyer being with you.

If you follow these simple steps you will be able to sleep through much of this crisis, and you will continue to enjoy the simple life of a homeowner on Long Island.

Although I focused on Long Island and specifically the counties of Queens NY, Nassau NY, and Suffolk NY, the scenario and advice is good throughout the country.

You have been warned, heed the warning."

A little addendum. This is the way many Mortgage Fraud cases on Long Island will come down. IF you knowingly were involved in "Flipping a home", acting as a "straw man", providing proof of employment for a friend, misleading the lender about who owns or occupies a loan, inflating rents, or any other fraudulent activity on any home sale, then it goes without saying you NEED A LAWYER NOW!!!! That goes for Real Estate Attorneys too!!!! Uncle Sam is coming and he is coming hard. Will you be ready if he comes looking for you??

You may contact Fraud attorneys at our office by calling us at 516-741-3400 or writing to me directly at