Mortgage Misery - Part 2: Talking to a scam victim Save Email Print
Posted: 11:54 PM Jul 16, 2008
Last Updated: 4:03 AM Jul 18, 2008
Reporter: Sarah Platt
Email Address: sarah.platt@wndu.com

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Owning a home is a dream and goal that many Americans have proudly achieved. However, in recent months, the mortgage crisis has turned that dream into a nightmare for many. A record number of homes are facing foreclosure. Some mortgage fraud schemes have lent a hand to these tough times.


Real estate experts tell us mortgage troubles have hit every socio-economic group, whether a home is worth $50,000 or $500,000. While some homeowners have simply over-extended themselves, the FBI says lending fraud is a contributing factor in the mortgage crisis, and often times people don't realize they're in trouble until it's too late. That's what happened to one Michiana man, who shared his story with Newscenter 16.

"As I began to accumulate some different properties, I started really beginning to suspect that something was wrong." We'll call this man "John." He asked us not to use his real name and to disguise his voice. A few years ago, John bought several homes as investment properties, but after a couple of years realized something wasn't quite right. "Altogether, I bought nine properties. There was a couple things that I thought were wrong. One was that it seemed like the same appraiser was doing all the appraisals," adds John.

After taking a closer look at the numbers, John learned that he bought his homes at prices inflated by tens of thousands of dollars. At the time, he believed the price was fair because it checked out with the home's appraiser, realtor, and mortgage broker. But John claims they were working together to set the home at a specific price, for their profit.


"They can determine between the three of them what the price of a property is going to be. It's pretty hard to dispute that because you have three experts and you don't realize that they're working together, but they are," explains John.

To confirm his suspicions, John went to Century 21 realtors and had them do a comparative market analysis on his homes. With a look at the numbers, you'll see a drastic difference between Century 21's sales price appraisal and the original appraisal that John received.

Here's a look at a few: The original appraiser assessed his home at 1201 Elmer in South Bend for $63,000. Century 21's analysis came up with a value of only $17,000. That's a $46,000 difference.

Another home at 618 Johnson was appraised at $62,000. Century 21's appraisal was just $8,000. That's a $54,000 difference.


Here's a comparison of a third home, located at 809 Harrison, again in South Bend. The original appraisal assessed the value at $69,000. Century 21 found the value to be just $8,700. That's a difference of more than $60,000.

"His appraisals definitely are inaccurate and there's no way that I would have known that at the time," explains John. "They had told the appraiser what the property was going to sell for and then his job was to make the appraisal come out to that dollar amount."

John has been able to short sell two of his properties back to the mortgage company, but the other seven homes are going into foreclosure. "It's been pretty difficult. It's definitely affected my job. It's been difficult on my family, on my marriage. It's affecting my credit, and up until this time, I never had a difficulty with credit," adds John.

At John's request, we showed his information to the FBI. "There's a lot of players in the process; appraisals are a key part of it," explains U.S. Attorney David Capp.



U.S. Attorney David Capp (left)
Tom Gancarz (right)

The FBI has been inundated with so many complaints of predatory lending and mortgage schemes that they've created a task force to address the problem. It's something people like John hope will make a difference. "There just needs to be a stop put to it. I'm sure South Bend isn't alone," he says.

Just this week, the U.S. Attorney's office said William DePalma of South Bend has agreed to plead guilty to mortgage fraud. Officials say more charges will be filed in the coming weeks. John says he hopes his story is a lesson to others to know who you're dealing with, and to do your research before signing on any dotted lines.

In some cases, loans like John's are referred to as "hot potatoes," when banks try to unload high-risk loans by passing them on and re-selling them to the next institution. In the end, whoever gets stuck with the risky loan loses out. In the case of a couple of John's homes, he says his mortgage was sold at least two or three more times.





To read the other parts of this series, visit the following stories:
Mortgage Misery - Part 1: How scams happen
Mortgage Misery - Part 3: A local Realtor's perspective

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Posted by: Harry Location: Goshen on Jul 18, 2008 at 01:44 PM
So this "victim" who was able to buy 7 investment properties is foreclosing on some of them? Isn't he contributing to the bank's problems by just simply refusing not to pay? He should be renting these out which will help pay for the mortgage payment. If they are unrentable, then he should get them up to shape. After all, he had a business plan, right? Thought the price was fair at the time, right? Maybe he can blame property taxes, or decline of neighborhood or something, but NOT the initial price of the house! Also, no house is only worth $8,000 if it is livable! The ground is worth that, or more! Century 21 is trying to be sensational, looks like. Since this victim has had the property for a "few" years, hopefully he has paid down the mortgage somewhat. His real "loss" may be less than he thinks.

Posted by: SCH Location: USA on Jul 17, 2008 at 06:01 PM
More of these type articles need to be about people who were victims of actual fraud; forgery, collusion, violation of lending laws, etc. Too many times the people used in the example are easy to paint as "stupid, greedy" etc, and not victims of an actual fraud scheme. IMO the real estate and mortgage industries were involved in quite a bit of collusion and fraud. The FBI found that 80 percent of this type of fraud is done by the industry. It is now investigating many companies but far too late to prevent economic damage to the country or to help the many victims--actual victims of fraud, not just people who didn't think. The public needs to know that many of the consumers harmed by this did not act irresponsibly, but that the industry did.

Posted by: Anon Location: South Bend on Jul 17, 2008 at 05:44 PM
In response to the comment about the Century 21 "Analysis". You are right, these are snalyses. The prices are to say what you could realistically sell the property for - not a tax assessment, which is what you are referring to. Every property in the county has an appraised value, a tax assessment value, and a potential sales price. Its great if all of those match, but that isn't always the case.

Posted by: Anonymous Location: South Bend on Jul 17, 2008 at 04:21 PM
Let me also speak about another related issue. I am an intelligent person, and I find it laughable that the banks are referred to as "victims". The banks are in the game for one reason; to make as much money as possible. It is the banks who intentionally put out risky programs for mortgage brokers to use in order to generate paper that could be bought and sold on the secondary market as hedge funds. The banks made a KILLING doing this. No matter how risky the loan, the banks were willing to do it just so they could sell it. Then the bottom drops out, and who's crying? The banks. Oh, the poor banks. They never knew something like this would happen. BULL! They knew EXACTLY what they were doing; they just didn't care because they were making their money. And now that the mortgage-backed securities have dried up, guess where all the money is going now? OIL-backed securities. The banks aren't victims, people. They ALWAYS find ways to make money. PERIOD!

Posted by: anonymous Location: south bend on Jul 17, 2008 at 03:36 PM
any body that live in south bend know the property that was bought was in a neighborhood that is in poor condition. just reading the address i can tell where those homes are, there are in the area where most of the city's crime is happening recently. why would you buy a house with out checking it out thoroughly. can't feel sorry for this guy. you know he was going to charge a high amount for rent.

Posted by: Farmer Frank Location: Rural Marshall County on Jul 17, 2008 at 03:26 PM
The american dream of home ownership is indeed a worthy goal. Lets look at this closely. Those that usually have those goals are expected to live there and raise their families there, not move in, patch up and turn a profit. When i think of building a home, the roof and walls are just a part of the total picture. Neighborhoods, neighbors, family, community, schools, recreation all go into that total picture. To me the altered dream of just buying and finding happiness in owning a home is wrong..there is so much more to it. As this economy plays out over the next 24-36 months, it will be interesting to see how we, who have always wanted more and more, try to turn things around by doing with less and less.....this is a defining time in our communities and our history. We can either rise to the occassion and meet the challenges or give up and watch what made America great, slowly decline and go away......Buckle down, find out whats important, hug your families, and above all...pray

Posted by: John Location: Mishawaka on Jul 17, 2008 at 03:26 PM
Century 21 is WRONG. Assuming we are going by assessed values (these are per public records at the St. Joseph County Assessors Office). 1201 Elmer Assessed Value: $36,100 Century 21: $17,000 Difference: $19,100 618 Johnson Assessed Value: $48,400 Century 21: $8,000 Difference: $40,400 809 Harrison Assessed Value: $48,400 Century 21: $8,700 Difference: $39,700 So Century 21 is only off by $99,200, good work. Also WNDU: You need to note Century 21 are realtors NOT appraisers. They have done an analysis, NOT an appraisal. They are not licensed to do this!!

Posted by: Me Location: Mishawaka on Jul 17, 2008 at 03:10 PM
Perhaps you should mention the market reports were done in 2008. The real estate market has FALLEN APART. This guy probably bought these when the market was HOT. And did anyone else notice that the house is BOARDED UP? You CANNOT get a mortgage with a boarded up house. He has neglected to upkeep the properties! No wonder they aren’t worth anything! That aside, this is America. Last time I checked this is a free market. If I want to sell a bucket of crap to someone for a million dollars and I tell them it is a bucket of crap then they get someone who has an underwriting process, has seen pictures of it, and comparables to other buckets of crap and they agree to finance it, HOW IS THAT A SCAM?!? SOMETHING IS WORTH WHAT SOMEONE IS WILLING TO PAY! This guy was WILLING to pay that much and someone was WILLING to finance it. Unfortunately we can’t turn to the government every time we make a horrific decision and expect them to fix it. Grow up.

Posted by: its not that difficult to figure out on Jul 17, 2008 at 02:09 PM
I am not saying this guy is a part of the scam, but in other cases the person buying IS a part of the scam. They received LARGE sums of money back at closing on these POS properties. The mortgage co providing the loan was the only party not privy to what was going on. Shady owners of a property, the realtor, the appraiser, the buyer split the profit that is made when the loan closes. If you have a crap house that is actually only costs $10k but you get a 60k mortge approved by tweaking the figures...that 50k diff is a pretty decent pay day for them.

Posted by: Anonymous 2 Location: Osceola on Jul 17, 2008 at 12:58 PM
Anonyomous is exactly right the lenders do review appraisals for that exact reason and an underwriter reviews as well Plus a CMA is not an appraisal,you do not even have to have your real estate brokers licencse to do a CMA all you need is your sales person license, that should tell you right there how accurate a CMA would be compared to a licensed appraisers appraisal. Also a lot of these properties were just bought as a good deal unfortunatley due to someone elses misfortune. Is it not the American way to buy something at wholesale or a lower price and then sell it for more than what you bought it?? There are some bad apples out there that spoil it for everyone but you have that in any industry/service, look at the corruption of our own federal government. If you are buying a foreclosure or getting a deal on a house and then doing the work and re selling there is NOTHING wrong with that. It is the people not rehabbing the properties and sucking cash out that should be gone after.

Posted by: Anonymous Location: South Bend on Jul 17, 2008 at 12:58 PM
Another thing to point out with regard to the appraisal value issue. Do ANY of you understand how the process works when dealing with buying a foreclosed house? A bank has a house they foreclosed on. The house is in a distressed state. People come in and bid on the house, and the bank sells the house for as much as they can. So what you have is a house that was purchased, say, 5 years ago for $60,000. The old owner lost the house to the bank via foreclosure. The bank then sells the house at auction for, say, $10,000. The new owner has access to all records for that house, including what it sold for in the past. The new owner purchases the house, totally rehabs the house, and then wants to sell it for the same amount that it sold for in the past ($60,000). What did this seller do wrong? The seller sets a purchase price that he wants for his house, and either the other houses that sold in the same area justify that sales price or they don't.

Posted by: Anonymous Location: South Bend on Jul 17, 2008 at 12:17 PM
Just a couple of things that people making these statements should know. #1-every lender that gave these loans to the buyers of these houses did internal reviews of the appraisals, and in some cases, the lenders did field reviews as well. That means that the lenders themselves reviewed and okay-ed the same values as the appraisers. #2-have ANY of you EVER went down to the county assessors office and looked at what values these properties are assessed at? Because guess what? ALL of these houses are assessed at tens of thousands of dollars, depending on size and area. So don't try to say that at TOTALLY rehabed house (and I will admit that the key here IS whether or not the houses WERE rehab-ed) in ANY area is only worth $5000 to $10,000 when the COUNTY is saying the house is valued at $35,000 to $50,000 for tax purposes. All of you should do the research before you speak. You are speaking out of anger and ignorance, not facts.

Posted by: Anon Location: South Bend on Jul 17, 2008 at 11:31 AM
Come on John, no wonder you wanted to disquise your voice and name, I am sure you knew what was happening and you were waiting to collect as well. If you buy 9 houses all in the same time frame, something is fishy. As for Century 21 Goldstar, the one who did the CMA's for WNDU, I am sure there outcome would be different if it would have been undecover. We already lost one century 21 office ( Trinity) that did the same thing, but they were caught and shut down. Not all realtors and lenders are phony, but there sure are some.

Posted by: Steve-O on Jul 17, 2008 at 11:28 AM
I cant believe there are houses for $7000, my shed cost more then that. I guess only in the ghetto it cost that cheap cause people dont care for the property. I hate to see what the inside looks like, i can smell it from here.

Posted by: Christy Location: Mishawaka on Jul 17, 2008 at 10:53 AM
I got 4 houses back in 2003 & I will tell you it is hard not to believe a Realtor, Mortgage Appraiser, etc. The Realtor even was very reputable since she had sold numerous farm land up by the University Park area who worked for Century 21. These homes were sold without current tenants even knowing that they were being sold. It is just people not wanting to work for what they have. Instead, they take advantage of people. How could I(being single) have gotten 4 investment properties on a $30,000 year income??? I hope that the FBI send everyone to prison for a very long time.

Posted by: Me Location: South Bend on Jul 17, 2008 at 10:48 AM
Wow. WNDU, great reporting. Perhaps you should mention the market reports were done in 2008. The real estate market has FALLEN APART. This guy probably bought these when the market was HOT. And did anyone else notice that the house is BOARDED UP? You CANNOT get a mortgage with a boarded up house. He has neglected to upkeep the properties! No wonder they aren’t worth anything! That aside, this is America. Last time I checked this is a free market. If I want to sell a bucket of crap to someone for a million dollars and I tell them it is a bucket of crap then they get someone who has an underwriting process, has seen pictures of it, and comparables to other buckets of crap and they agree to finance it, HOW IS THAT A SCAM?!? SOMETHING IS WORTH WHAT SOMEONE IS WILLING TO PAY! This guy was WILLING to pay that much and someone was WILLING to finance it. Unfortunately we can’t turn to the government every time we make a horrific decision and expect them to fix it. Grow up.

Posted by: Anonymous on Jul 17, 2008 at 08:22 AM
I just don't get this. People playing the "dumb" card. You can easily research your own sales comps. Or, just flip through a homes and land book and see what similar properties are listed for. Sounds like his own selfish greed put him in a vulnerable position OR he just wants to get out of his end of the conspiracy. It just seems that you have to have a negative IQ to be duped on NINE PROPERTIES. Come on...John was getting his share at the closing table as well.

Posted by: You're kidding me Location: MI on Jul 17, 2008 at 07:46 AM
Seems to me there was a scam going on here but who can't dercern the difference between a $8,000 property and a $50,000 property?? Clue - one you can live in and one needs to be torn down.

Posted by: kim Location: South Bend on Jul 17, 2008 at 07:13 AM
Maybe John is in the wrong business. He couldn't tell the difference between 8000 house and a 62000 house? or...Is the difference in price because he hasn't taken care of them so there value went down? Did he buy the house boarded up and not do anything with it? Are we really comparing apples to apples?

Posted by: Joe Location: Elkhart on Jul 17, 2008 at 06:29 AM
You didn't know that those properties weren't worth $60,000-$70,000? Give me a break. I wouldn't want to be identified either. Perhaps I'm the naive one, but isn't there a saying about a fool and his money?

Posted by: T Location: SB on Jul 17, 2008 at 05:53 AM
Thank our hero Bob Culp for this mess.