I LOVE these type of talks... I've been fighting this for YEARS now...
Bill and Ned I love you insights... I've been quietly following this thread but now making a voice...
Here's my thoughts (someone who has closed over 60+ A-B-C SS closings)
Let's first define FRAUD: I'm sure many will agree... Fraud is intentional deception of "material fact" resulting in injury to another person/entity.
So... what happened in this case?
- In a SS Listing agent has fiduciary responsibility to the SELLER (not to the bank. 95% of folks get this wrong)
Now... what is fiduciary responsibility?
Its defined as an obligation to act in the best interest of another party. This type of obligation typically exists when one person places special trust and confidence in another person and that responsibility is accepted.
If so... does the "highest offer" mean it is the "Best Offer"... ABSOLUTELY NOT! A cash-offer that can close from a bona-fide investor is much better than a finance offer (MHO).
So... if the listing agent had a higher offer but if the seller "rejected it" then with all means no foul play... if the listing agent got a higher offer first... SAW the offer and made a lower offer after words.. then heck yeah that's hiding material fact...
BUT... this article doesn't even go into deals of the case... it a raaaa raaaa article to get views... (no biggie happens all the time)...
Now... Let's open this up even bigger...
take a look at this article...
http://www.freddiemac.com/news/blog/ed_haldeman/20100927_fighting_mortgage_fraud.html
Our lovely quasi government entity... and now our tax money shoulders...
Read it...
And you'll see this...
Freddie Mac’s article is no exception. NO SOLID LEGAL FACTS. There’s nothing instructive there.
I'm ALL for open market solutions to the housing and finance “crisis crap" (pardon my language)...
The solution is the use of small, private-investor assisted liquidation. For the difficult short sale properties when... and a MUST... with proper ethical principles that are followed by all involved and appropriate disclosures are provided.
For no rational reason (it's the government right) Freddie Mac apparently doesnt want this kind of assistance to help clear its non-performing assets.
Maybe because it reveals the magnitude of the losses they are creating. I dont know...
BUT...
Freddie Mac says that the problem with short sale flips is... that the industry professionals may work “against the borrower’s best interests by misleading the lender into settling for less than what an informed buyer would pay for the property.”
REALLY!?!?!?
Why the heck does Freddie feel that borrowers that are facing foreclosing shares the same “best interests.”
Few borrowers in foreclosure who I've talked to really feel their lender is sharing their best interests.You get my point?
So let's look at Freddi's statement...
1 - “A real estate agent in Pennsylvania recruited an associate to act as the buyer on the short sale of a property backed by a Freddie Mac-owned loan, for a price of $160,000. Simultaneously, the agent was marketing the property for sale as if the associate was the owner, and found a buyer unaware of the actual sale price who was willing to pay $225,000. Both loans were scheduled to close the same day.”
2- “Our fraud investigators were tipped off about the plan and successfully stopped it. But had the deal gone through, the new owner would have paid more than an informed buyer probably would have, Freddie Mac would have been denied a legitimate recovery, and the real estate agent would have fraudulently netted a $65,000 profit at the taxpayers’ expense.”
Hmmmm.... REALLY!?!?!?
Give yourself a big high five... but what did the fraud investigators “successfully” stop?
Seriously... Did they stop the $160,000 sale that Freddie already agreed to in open negotiations? Did they stop the $225,000 sale of the buyer “who was willing to pay” $225,000? Did they renegotiate the deal with either buyer? Did they let the $225,000 buyer close at that price but cut out the initial buyer who successfully negotiated a good deal? Just what did Freddie do? Who did it help? How?
BUT THE MOST IMPORTANT QUESTION IS...
When the F' did it become fraud in the United States market-based system to openly negotiate a good purchase price?
Hmmmm..... On to the next point...
The article states, “the real estate agent would have netted a $65,000 profit . . . ” I’m not sure how this would happen. How does all of the difference go to the agent’s commission?
There must be no closing costs, other commissions to pay, profit to the intermediary buyer, local transfer taxes, nor federal and state income taxes on the profits.
So is there any recognition that the $225,000 sale price would have raised the local comparable sales prices, collateral values and eventually the local property taxes. I would say HELL YES...
So...
Is it likely that the $225,000 was “more than an informed buyer would pay”?
Hmmmm... I dont think so.
If it was a financed buyer... the buyer’s lender would have one or more appraisals plus other strict lending requirements to assure that the new loan is properly secured. (HVCC, +20% increase w/ 2 appraisal etc)
We are NO LONGER in the days of easy money and manipulated appraisals (does it happen yeah but not like before).
So what if...
If it was a cash buyer, then the buyer likely would have been too sophisticated to pay too much.
And anyone on this site will agree that majority of cash buyers are tight-wad purchasers looking for discount properties. (i know I am)
Final thought and RANT
Either the $225,000 sale was not going to close in reality or else it was a reasonable market price, not “more than an informed buyer would pay.”
So what did it really do... not much other than make me type this long rant LOL.
Also..
Don't get it twisted. I KNOW there’s mortgage fraud out there... including a small percentage of short sale flips.
To Mr. Haldeman’s... his article provides a link to FBI mortgage fraud information.
But REALLLY (I'm sure you missed the link)... When someone reads the examples the FBI has successfully and properly prosecuted...
No wayyyyy do they do resemble the “case study” in any material way.
The link to the FBI web site MHO again... is merely a BS link to add legitimacy to a BS fallacious argument and example.
For the casual reader who won’t follow the link or understand what this all means... ALL IT DOES is create a sense of FEAR... on this investor-driven short sale transactions.
God Speed.
JC