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Forums » Housing News & Real Estate Market » So whose fault was it?

So whose fault was it? Subscribe to So whose fault was it?

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Real Estate Investor · Baltimore, Maryland


Jury gives woman $1.25M in lawsuit over mortgage
Whole story here -- http://www.bizjournals.com/baltimore/stories/2008/08/11/story8.html?b=1218427200%5E1681713

When do we start being accountable for our own actions? Why is the victim mode is the default mode of our behavior?......


Real Estate Investor · Wheat Ridge, Colorado


I do believe people are accountable for their own actions. However, there seems to have been a LOT of fraud involved with many of these loans, and this one is no exception:

Roughly two to three weeks later, her loan agent submitted the application with a string of incorrect information, according to court documents. This included the Social Security number of Thomas' sister, who had a higher credit rating; a monthly income of $14,000, which was nearly double Thomas' actual income; and assets that included $30,000 cash at Constellation Federal Credit Union. According to the suit, Thomas never claimed to have this much money socked away, at Constellation or elsewhere.

Thomas soon learned that her loan was at 10.625 percent interest, with a monthly payment of roughly $4,600, well above the $3,000 she was expecting. She signed the contract anyway, at the urging of her attorney at the time, figuring it was an honest mistake and Wells Fargo would correct it.

There were a lot of folks in this game who made a lot of money making these loans regardless of whether or not they were good loans. Ultimately, I'm convinced the source of the bubble was investor demand for the high returns and low risk that CDOs and SIVs seemed to be generating. Many law street firms and rating agencies were raking in big bucks on fees generated by these investments. Mortgage lenders were making tons of money making these loans and selling them into these pools. Individual borkers were making lots of money on every loan they made, and had strong incentives to dump people into crap loans when better loans were available, or to make a loan when none should have been made.

And, so in the end, you really think individual borrowers, many of whom are financially naive, who ended up owning money they can't repay on a loan for far more than the underlying property is worth is not a victim?

Certainly many people went into these loans with eyes wide open, and were prefectly willing to take on a loan they couldn't afford, since it seemed RE would appreciate at 20% per year forever. Many, however, got caught up in something they didn't understand. I'm pretty sure that's the definition of a "con", and that's pretty much exactly what many of these loans were.

If you want to figure out where the personal responsibility lies, its in many places. I put many wall street execs, and the executives of Fannie Mae and Freddie Mac right at the center. IMHO, there should be jail time for some of these people.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Multi-family Investor · Bellefonte, Pennsylvania


Originally posted by Sniper .
Why is the victim mode is the default mode of our behavior?......

Because we're constantly bombarded by the media and news by people spouting off with the entitlement and victim mentality. And because this is so heavily broadcast many people accept it as the only way to life.

It'd be interesting to know the stats on how much people take in each day of each category. TV, Newspaper (news website), Magazines, Books, Personal experience, etc...

Personally I'd like to see the TV networks publish some sort of stats on the number of hours that are spent (wasted) each day by people watching TV.

-Michael


Real Estate Investor · Baltimore, Maryland


"Thomas soon learned that her loan was at 10.625 percent interest, with a monthly payment of roughly $4,600, well above the $3,000 she was expecting. She signed the contract anyway, at the urging of her attorney at the time, figuring it was an honest mistake and Wells Fargo would correct it."


I think she knew that it smelled bad and - remember - no one twisted her arms. She signed the paperwork despite her own acknowledgement that it was wrong or even fraudulent - is she at all responsible for getting this mortgage?..... Any contributory negligence?.... Remember, she is not an uneducated person who lived all her life on top of the mountains and then decided to get a mortgage without reading the papers...........



Real Estate Investor · Wheat Ridge, Colorado


Her attorney advised her to sign this contract? What was he thinking? You've never made a financial decision you're later regretted? Especially at a closing, where you're faced with a stack of documents to sign and a bunch of people wanting to just get done. If you're the one that reads every document thoroughly in closings, you're the exception. Personally, I'd not sign a document that said my payment was $4600 when I expected $3000, and that's something I would make dang sure was correct. But if your attorney says "its ok, we'll fix it later", would you be able to walk away?

What if these were cars rather than mortgages? Cars that exploded in minor accidents or drove themselves through garage walls? Would you still say, hey, they knew what they were getting into? No. That's how Ralph Nader made a name for himself.

Don't get me wrong. People bought into loans they never should have signed. They were greedy, hopeful, naive, whatever. A LOT of people were swept up in the RE bubble.

Another comparison is Pinnacle Development. Here's a company that swept in a large number of supposedly savvy investors. If savvy investors can be scammed out of their money, what hope do individuals who are buying their first house have to avoid the wolves?

Its not just mortgages. Look at the credit card industry. They agressively market their product to people who don't really understand what they're buying. They tell people "buy it now, you deserve it". They pitch "here's a lifestyle you can have if you get this card." People make bad decisions. Marketting preys on this. Its bad enough when you get a credit card that's going to double the cost of your vacation. Its worse when you lease a car you can't really afford, resulting in what's really an 8 or 9 year car loan. Funny how the car companies are stopping doing leases now that their tanks are turning out to be worthless and they can't make any money off the leases. Its far worse when someones desire ("the American dream") and naivety saddles them with a debt that will destroy their entire life.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Investor · Baltimore, Maryland


Originally posted by Jon Holdman
Her attorney advised her to sign this contract? What was he thinking? You've never made a financial decision you're later regretted? Especially at a closing, where you're faced with a stack of documents to sign and a bunch of people wanting to just get done. If you're the one that reads every document thoroughly in closings, you're the exception.


I understood that it was her understanding that there was a mistake, not attorney's suggestion "to sign and get it fixed later". However, if an attorney advised her to go ahead and sign and then fix it later, how come his/her name is not mentioned in the article? I think he has done more damage than the person who falsified the paperwork. It's an attorney's job is to represent the client; and if he didn't do it - he should have been sued as well.


Residential Real Estate Broker · Conroe, Texas


I would be willing to guess that the sister had a bigger part in this fiasco than what's being reported.

And yea, the attorney who suggested she proceed with signing supposedly incorrect documents probably should have been in question as well.


Real Estate Investor · California


Just goes to show how desperate some people are to get a home loan these days...seems to me we should be putting the initial blame (for lack of a better word) on the "powers that be". And people wonder why greed and corruption run so rampant in this country? Just look to our own government - since politics seems so synonymous with greed and corruption, let's start there, shall we?

The real question is, what alternatives do we have, other than the traditional methods, when buying a home?


Real Estate Consultant


Her sister referred her to a Wells Fargo Home Mortgage office in Westminster, where Thomas applied for a $535,000 loan, with a 7.13 percent interest rate

I wonder why her sister referred her there?

Must have been because of the good service.

By the way, I wonder how WF got her sister's SSN?


Real Estate Investor · Elgin, Illinois


It's the Buyers fault, they knew they could not afford the new home, but they were blinded by the greed of the lenders


Residential Real Estate Agent · Kentucky


I think theres probably enough blame to go around but I'd have to go with the Buyers as well.


Real Estate Investor · Wheat Ridge, Colorado


Yes, it does seem like buying too big and expensive of a house would have been the right move.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Investor · Waynesboro, Mississippi


I agree with Michael about the viewing time people spend on TV. In fact I heard another person say recently that it was to Americans what dope is to 3rd world countries. It just keeps people surpressed and it just occupies their time that really could be used in a more productive manner. I am not saying that all TV viewing is bad but too much is.


Real Estate Consultant · Irvine, California


I read a great article the other day that emphasizes what so many people in our culture fail to realize:

--APPRECIATION IS NOT INCOME
--CREDIT IS NOT SAVINGS
--DEBT IS NOT WEALTH

You can read the rest of the article here:
http://www.irvinehousingblog.com/blog/comments/southern-californias-cultural-pathology/


· Alabama


It is the Buyers fault of course. Did they read the contract? Did they sign it? People must become accountable for their actions. When the market was booming the buyers didn't care if the mortgage documents were OK, but now when it turned bad they are first to blame everybody else, but their own greed and stupidity.




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