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Recognize Foreclosure Scams for What They Are

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | January 4th, 2013

If researchers at the Center for Responsible Lending are on target when they say the country is only halfway through the foreclosure crisis, many more people are going to be conned out of a great deal of money trying to save their homes.

But it doesn't have to be like that. And it won't be if Uncle Sam has his way.

The government is coming down hard on swindlers who cheat terrified owners willing to try almost anything to avoid foreclosure. Last month, for example, the Consumer Financial Protection Bureau (CFPB) took steps to shut down two alleged loan modification mills that the agency claims bilked people out of more than $10 million.

Earlier in 2012, the Federal Trade Commission put a stop to an operation that convinced desperate owners it could find defects in their loan documents that would make foreclosure unenforceable. For two or three grand, the outfit said, it would scour loan papers, find the improprieties and stop foreclosure proceedings in their tracks. Yeah, right!

Unfortunately, scam artists like these are always one step ahead of the authorities. And wherever there's easy money to be made, they come swarming. These sharks can read; they follow the news, and ever since the popular press began reporting about the foreclosure crisis, they've focused on the housing market.

People in imminent danger of losing the roofs over their heads will believe any yarn that sounds even remotely feasible. It's human nature: If you want to believe there is a magic bullet, you will. And the crooks' claims that they can save people's homes are just plausible enough to seem legitimate.

Although the government is attempting to save trusting owners from the charlatans, it is also up to homeowners to recognize the schemes for what they are.

"People need to perform some level of due diligence on anyone who claims they can help save their home," says Scott Gizer, a partner who specializes in real estate at Early Sullivan Wright Gizer & McRae, a Los Angeles law firm.

Here is some advice for spotting outfits that are not on the up-and-up:

-- Be suspicious of official-looking logos and letterheads. They may look legit, but upon closer inspection, they are phony. And so are the pitches.

Both scams that the Consumer Financial Protection Bureau acted against in December used deceptive language and marks in mailings that were designed to mislead consumers into thinking the services were sponsored by or associated with government agencies or programs.

One defendant claimed that, for a fee, it could help people get benefits from a program offering government-sponsored relief. But in truth, you don't have to pay anything to get relief; you just have to qualify. To find out if you qualify, you can check the official government websites. The rules are usually easy to find and straightforward.

Another telltale sign of a scam is what appears to be a government entity offering aid outside its area of responsibility. For example, the IRS has no jurisdiction over a state tax lien, nor does a state have any authority to release a federal tax lien.

-- Beware of lawyers. Not all lawyers, of course. But the legitimate firms don't make mass mailings. Even a personalized letter could be a come-on from an attorney who has sifted through public foreclosure notices. Be leery of lawyers who make bold promises or try to pressure you into hiring them.

Before doing anything, get the name and license number of each attorney who will be helping you, then check him out with the local bar, your town or state consumer affairs office, even the Better Business Bureau.

Lawyers who can help must be licensed in the state where you live or where your house is located. They cannot require you to pay anything in advance unless they provide real legal services and comply with state ethics requirements. And they must place your money in a client trust account.

Gizer, the California lawyer, also suggests researching the company or person on the Internet to see if there are any comments, positive or negative, about them. If there is nothing on the Web, he adds, "be wary, as most legitimate people will have some level of advertising."

-- Watch out for false promises. "Stop foreclosure now." "Over 90 percent of our customers get results." "We have special relationships with banks." "Money-back guarantee."

It's not always easy to tell the difference between the scams and the legitimate services. But one thing is certain: If it sounds too good to be true, it is. So avoid any person or business that promises to halt the foreclosure process, no matter the circumstances. No one can guarantee that.

-- If someone tells you to stop making your mortgage payments, the scheme is bogus. Not making a payment not only damages your credit score but also limits your options. And run, don't walk, to the nearest exit if you are told to make your payments to someone other than your lender.

-- Avoid anyone who suggests that you surrender the title to your house as part of a deal that allows you to stay on as a renter and buy it back later. Don't fall for the supposed "wisdom" behind this tactic -- it won't save your credit and/or allow you to obtain better financing later.

Often, moreover, the terms are so onerous that it is impossible to buy back the house. Or the rat raises the rent so high over time that you can't afford it and lose the house anyway. Or he takes your rent but never pays the mortgage, and you not only lose your house but also are still on the hook for the unpaid balance on your loan.

Also avoid anyone who wants to be paid only by cashier's check or wire transfer or who pressures you into signing anything you haven't read thoroughly or don't understand.

Here's where to look for legitimate help:

-- Find free counseling agencies through the Department of Housing and Urban Development (www.hud.gov) or the Homeownership Preservation Foundation (www.995hope.com or 888-995-HOPE). Help also is available from the Consumer Financial Protection Bureau (www.cfpb.gov). Call 855-411-2372.

-- Report a scam to the Financial Fraud Enforcement Task Force (www.stopfraud.gov), the CFPB (www.cfpb.gov), the Lawyers' Committee for Civil Rights Under Law (www.preventloanscams.org) or your state attorney general's office (find links at the National Organization of Bar Counsel's website, www.nobc.org).

-- File a complaint with the Federal Trade Commission (www.ftc.gov).

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Address of Home May Affect Price

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | December 28th, 2012

What's in a name? Plenty, when you're talking about the byway on which your house is located.

According to Trulia, the popular online real estate community, houses on "boulevards" are the most expensive, selling for 36 percent more than homes located on "streets." Houses with "boulevard" in the address are listed for sale at $117 per square foot, whereas houses with "street" in the address are going for a mere $86 per square foot -- the least of a dozen address designations.

To come up with these enlightening numbers, the Trulia trends team analyzed houses in its own database. Specifically, the team looked at the median price per square foot and limited the results to those address designations with at least 10,000 homes for sale.

Why is "boulevard" the most expensive? Trulia says the word itself might have more to do with it than anything. After all, it does have something of a sophisticated French origin.

Another factor, perhaps, is the mix of housing located on boulevards. Some 37 percent of the boulevard units were in multiunit apartment and condominium buildings, suggesting denser, urban settings where space is at a premium and housing costs are higher. By contrast, no more than 16 percent of the homes on the other paved paths were in multifamily buildings.

"Boulevard" also is an exclusive address. Only 2 percent of the Trulia listings were on pathways called boulevards.

Houses on "streets" accounted for 19 percent of the listings, but "street" wasn't the most prevalent. That honor belongs to "drive," which accounted for 22 percent of the listings. Houses on drives and on avenues were listed at $96 per square foot. "Avenue" houses were 15 percent of the listings, one point below dwellings on "roads," which were selling at $109 per square foot.

Here's the complete breakdown for all 12 address designations:

-- Boulevard, 2 percent of the homes for sale on Trulia and $117 per square foot.

-- Place, 2 percent and $110 a square foot.

-- Road, 16 percent and $109.

-- Way, 3 percent and $107.

-- Terrace, 1 percent and $102.

-- Court, 6 percent and $101.

-- Lane, 8 percent and $101.

-- Circle, 3 percent and $100.

-- Trail, 1 percent and $97.

-- Avenue, 15 percent and $96.

-- Drive, 22 percent and $96.

-- Street, 19 percent and $86.

There's no question that homes have gotten larger, and are still getting larger, even in the face of slower sales and tighter mortgage qualifications. But in something of an anomaly, household energy use is decreasing, according to government statistics.

The reason: energy features built into newer homes. New houses are better insulated, so they use less energy to heat and cool. The appliances are more efficient, and people living in even the biggest of houses tend to be more aware of the environment and energy waste.

According to the U.S. Energy Information Administration, improvements in the efficiency of the building envelope, space heating, air conditioning, refrigerators and other appliances have all led to decreased consumption per household.

For example, multipane windows are now the norm. About eight out of every 10 houses built since 1990 have double- or triple-pane, energy-efficient windows, the energy organization reports. About 44 million households now have Energy Star refrigerators, and 41 million have Energy Star clothes washers.

In addition, about 40 million householders report using caulk or weather stripping to seal cracks and air leaks, 26 million have added insulation, and 68 million have at least some energy-efficient compact fluorescent or light-emitting diode lights.

Even the fact that the typical house contains any number of television sets -- more than 50 million homes have three TV sets or more -- not to mention computers and other electronic devices, hasn't stemmed the decline in energy usage.

Looking for building sites? Lots of lots -- 250,000 or so -- are listed on LotNetwork.com, a website where developers market their land for residential development. But people who are interested in building custom houses rather than buying production models also can use the site to find sites.

Searching is free, by ZIP code, town, state or even a key word, such as "acreage." If you don't find anything you like on the first try, you can sign up for email alerts based on your own criteria so you will be notified immediately when a property becomes available. You can save your favorites and track price changes that might make one more attractive.

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Coming Soon: Foot Traffic Index

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | December 21st, 2012

In an effort to get the earliest reading possible on the housing market, economists at the National Association of Realtors are developing a national index that measures foot traffic, or visits to houses for sale.

NAR already has an index for pending home sales, which measures signed contracts. It is a forward-looking indicator that is roughly 30 to 60 days ahead of another key market measurement, existing home sales. A sale is listed as pending when a contract has been signed but the transaction has yet to close.

An index based on the number of showings to prospective buyers could be "an early, early indicator," perhaps preceding signed contracts by as many as 45 days, says Ken Fears, NAR's manager of regional economics.

NAR is able to track foot traffic through SentriLock, an association-owned property access control system. Each lockbox stores the number of times it has been opened to allow visitors to tour the house. Those data are used to build a weighted index that measures the percentage change in showings from one month to the next.

To date, Fears has developed showings indexes for 183 local markets where SentriLock is the prevalent lockbox in use by real estate associations. But he says he needs even more local data before a national standard can be developed. "We're still trying to get used to the interplay with pending sales," he says.

So far, statistical tests show a strong correlation between showings and contracts. An increase in visits in one month tends to predate a jump in signings in the next month or two. Similarly, changes in the showings index tend to precede sales, or closings, "by roughly two to three months," Fears says. Of course, it also follows that if doors are opened fewer times, there are fewer resulting contracts and sales.

The data have some shortcomings. For example, a lack of showings could mean that fewer properties are for sale. "By definition, you can't have a lot of activity if there are fewer homes on the market," the NAR economist says.

Also, a drop in loan rates might cause people who are already under contract to re-enter the market because they can afford a more expensive house. Too much of that kind of activity can lead to false readings.

The other obvious weakness is the geographical coverage. The data sample from SentriLock comes from only a small share of the total number -- some 800 -- of real estate boards nationally, Fears says. Consequently, the measure can provide insight into only a relative handful of individual markets.

But, says Fears, as SentriLock's market coverage expands, the data will become more representative of national trends, and a weekly index of showings could become a leading indicator.

Do you know where the cash is coming from to buy your house?

If you have even the slightest inkling that the money is coming from illicit sources, you have a duty under federal money laundering laws to report your suspicions to the authorities. If you don't, you could be considered a party to the crime.

Money laundering is defined as the process of making the proceeds of unlawful activity appear legal, so their illegal source cannot be traced. With increasing frequency, criminals are using their ill-gotten gains to buy houses and then sell them to convert their money back into cash.

According to Treasury Department officials, converting millions of dollars into a number of smaller transactions -- a process known as "smurfing" -- is the No. 1 ploy for hiding dirty money in the housing market.

Generally, real estate agents and lenders are required to report any misgivings under the Bank Secrecy Act. There could be a big penalty if they don't.

But sellers also can run afoul of the law if they suspect something is amiss and don't tell local law enforcement or the FBI, Michael Rosen, a policy adviser in the Terrorism and Financial Intelligence sector at Treasury, said at a recent real estate conference.

When a transaction varies from the norm, there is an increased chance the deal is subject to anti-money laundering laws. One key red flag for sellers is the source of funds for all-cash deals. But if the buyer asks you to "do me a favor," your antenna should wiggle as well.

In one case that Rosen described, a buyer who said he didn't want his parents to know he was purchasing such an expensive house asked the seller to lower the price and accept the difference in cash under the table from the buyer. Such a scenario needs to be reported, if not by the agent, then by the seller, the Treasury Department official said.

"When there are prominent red flags that signal criminal activity is afoot, a jury may infer that a defendant deliberately ignored facts that should have been obvious to a reasonable person," Rosen said. "It's not whether you know of criminal intent. It's a case of you should have known."

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