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Sorting Out Atlanta’s Housing Market - 4/3/08

by Seth Weissman and Dan Forsman

While the sky may be falling in other housing markets, it is certainly not falling in Atlanta’s. However, the old saying that all real estate markets are local has certainly gotten lost in the shuffle of the bad news coming out of our national press.
   A housing bubble definitely existed in some housing markets in the United States and we are now paying the price for that bubble having burst. According to the National Association of REALTORS®, between 2001 and 2006, housing values doubled and tripled in parts of Florida, California and Nevada. While the thought that housing values in these markets may now fall anywhere from 10% to 40% sounds scary, the reality is less so when you put it into context. If a house in Las Vegas worth $500,000 in 2001 was worth $1,200,000 in 2006, even a 30% decline in value leaves the house today worth $840,000. That rate of appreciation is none too shabby for buyers in these markets if they purchased in 2001. Unfortunately, if you purchased at the peak of the market in 2006, you would not now be in the best shape. Of course, this is only the case if you have to sell your property in a down market. If you do not have to sell, you have not gained or lost anything other than possibly your sense of financial well-being.
   Atlanta’s real estate market never had the kind of run-up in prices seen in bubble markets. Between 2001 and 2006, our home prices increased by a much more modest 30% or so. This means that a $200,000 house in 2001 was likely worth $260,000 in 2006. While this $60,000 increase in value may not seem like much over five years, as a rate of return on the cash investment most buyers put into their properties, it is quite significant. The point is that housing is still a tremendous long term builder of wealth for those who can stay put in their homes for awhile and ride out the periodic ups and downs in the market.
   The bubble markets where prices skyrocketed are now seeing the greatest price declines. Housing markets like Atlanta’s where the prices increased at a more normal rate are seeing much smaller price declines. For all the bad news, home prices in the Atlanta region have only fallen around 4.8% over the last year (according to the S&P/Case Shiller Index) as compared to other markets where prices have been in a free fall.
   While the number of overall home sales has fallen dramatically in our region over the past year, home prices should not fall anywhere near as much. There are two reasons for this. First, while housing is a commodity with an investment value, it is also a place where people live. The majority of home moves are discretionary. If the market is unfavorable to make such a move, buyers and sellers considering a discretionary move simply sit it out on the sidelines. This can cause a decline in the number of homes sold without having much of an effect on prices. The second reason home prices in the Atlanta region are somewhat immune to a larger price drop is that our metro area has a safety net that does not exist in most other metro areas. Specifically, according to Metro Atlanta Chamber of Commerce statistics, our metro Atlanta region adds about 150,000 people per year 60% of whom move here. Between 2000-2006, our region added 856,266 people, a growth rate that was the highest in the nation. Some two million additional people are expected to move here over the next 12 years. That’s the equivalent of the entire city of Denver relocating to Atlanta during that time frame. With so many new families moving to our region, the demand for housing will remain strong and prices will continue to appreciate.
   Even with slightly more than 100,000 homes on the market today it won’t take long for that inventory to be absorbed based on our current rate of growth. This is particularly the case since the number of new homes being constructed in our region is falling so dramatically. Since the fourth quarter of 1994, permits for new homes are down almost 60% according to the Greater Atlanta Homebuilders Association.
   Homeowners who see that their homes are worth less than they were a year ago often feel poor and have a hard time selling their homes for less even though they can get an equally good deal in purchasing another home. It’s the same logic that causes investors to hold onto an underperforming stock rather than cutting their losses and investing in a stock with a greater likelihood of outperforming the market. However, savvy sellers who can overcome their angst and see the big picture have a great opportunity to presently improve both the location and quality of their housing investment.
   The two wildcards in our housing market are foreclosures and the ability to get mortgage financing. While there have been irresponsible lending practices in the mortgage market over the last decade, it is still surprisingly easy to get a mortgage today if you have decent credit. Good credit appears to even be trumping the lack of a large down payment. Like it or not, buyers with bad credit have been shoved out of the market and this is and will dampen sales in some markets. The effect of this will not, however, be uniform and will disproportionately affect areas with large numbers of starter homes that buyers with marginal credit purchase often purchase.
   In 2001, the foreclosure rate for the metro Atlanta region was a 1.1% of all homes. By the end of 2007, that rate had increased to 2.7%. Moreover, recent reports indicate that 6% of all mortgages in Georgia statewide were over 30 days past due. While foreclosures will stress our market, it must be remembered again that our region, just like our nation, is also not a monolithic housing market. Some local housing markets within our region are doing far better than others and will continue to do so. Foreclosures are by no means evenly disbursed but are unfortunately, concentrated in certain neighborhoods and locations within our region.
   While irresponsible lending practices played a huge role in the high number of foreclosures, mortgage fraud also accounts for a larger part of the problem than most experts like to admit. The U.S. Department of the Treasury reported that between 1997 and 2005 mortgage fraud increased by 1,411%. For several years running, Atlanta led the nation in instances of mortgage fraud. Billons of dollars were literally stolen from investors in these mortgages leaving numerous foreclosures and devastated neighborhoods in their wake.
What will the future bring? Housing in areas without large concentrations of foreclosures and starter homes should be seeing housing prices stabilizing as demand catches up with supply.
   As crazy as it may seem, there may even be a shortage of housing in desirable areas over a 3-5 year window if the number of new housing starts does not increase. Areas hard hit by foreclosures and mortgage fraud will unfortunately limp along and in some cases may never recover from the excesses and abuses of the last seven years. The difficult challenge for government over the next decade will be to figure out how to restore health to neighborhoods where housing demand was artificially created through lending abuses and fraud. Hopefully, there will be unique opportunities to absorb this excess supply for decent affordable work force housing in the metro area. If this does not occur rich neighborhoods will likely get richer and the poor neighborhoods will likely get poorer.
   As REALTORS® like to remind people, smart housing decisions tend to boil down to a focus on location, location, and location. Buying in a good location will always pay dividends over the long haul. While there are many factors that make a neighborhood desirable, some of the more important ones include good schools, low tax rates, good access to work centers and shopping and low crime rates.
   Demographic changes are also reshaping our region’s housing and re-defining somewhat what is considered a great place to live. Our city is urbanizing at a remarkable pace. This is driven by the three horsemen of traffic congestion, an aging population and changes in consumer preferences.
   While there are a lot of condominium units presently on the market in Atlanta, there was a reason that all of those condominiums were built in the first place – they were filling (and will continue to fill) a demand at either end of the demographic spectrum. Condominiums are perfect for aging baby boomers seeking to downsize and enjoy maintenance free living. They are also the housing of choice for busy young professionals who in many cases cannot yet afford single family homes in intown neighborhoods. While developers may have gotten a bit ahead of themselves in developing mixed-use and condominium developments, the smart money is still on the long term demand for this type of housing growing exponentially.
   Residential real estate markets have always been cyclical. The only difference this time around is that the sizes of the swings have been larger and the scope of the downturn has been national rather than limited to certain niche markets. Housing prices will recover and in a few years, due to the health of our economy, will likely be much higher than prices at the peak of the previous cycle.
   A strong buyer’s market and low interest rates are allowing buyers who buy now to get unbelievable deals. As the spring market starts to gain momentum, some of the best deals will be gone. The advice of “buy low, sell high” has never been more apt than at this time in Atlanta’s housing market.
   Atlanta and Dallas (the other city benefiting from huge population increases) will likely lead the nation out of the real estate recession. It is always darkest right before the dawn. Dawn is breaking in many segments of our market and buyers should act accordingly.

Seth Weissman is a senior partner in the law firm of Weissman, Nowack, Curry & Wilco, P.C. and serves as general counsel to the Georgia Association of REALTORS®. Dan Forsman is President and CEO of Prudential Georgia Realty.

 
 
 
                    Mortgage Fraud
 

Recognizing the Signs

Financial crimes are one of the fastest growing areas of criminal activity in the United States and one of the fastest growing areas of financial crimes is mortgage fraud.  Fraud involves two parties: one makes a false statement of fact material to the business involved and the other party relies on that statement to their detriment.  In mortgage fraud false or inaccurate information in connection with a mortgage application is provided and that information causes a lender or another in the chain of approving and funding that loan to make the loan or to make the loan on terms and conditions different than if the true facts were known.  

Mortgage fraud includes a whole category of illegal business dealings.  The different schemes that may be used include, but are certainly not limited to, property flipping, equity skimming, application fraud, credit or income misrepresentation or asset and down payment misrepresentation.  Mortgage industry professionals and law enforcement break these different schemes into two groups.     

 There is “Fraud for Housing” in which a borrower will knowingly provide false or at least inaccurate information regarding his or her qualification for the loan.  This might be something as innocent sounding as fudging a little on their income levels or employment in order to qualify for the loan or for better terms on a loan.   

Although we would like to see everyone be able to obtain the American Dream of homeownership, real estate agents must be careful when counseling purchasers to avoid any suggestion that enhancing certain facts may assist a buyer in qualifying for the necessary mortgage.  The desire to be helpful can not override good sense and honesty.  The REALTORSÒ Code of Ethics requires members to treat all parties to the transaction honestly, including those providing the financing for the purchase. 

 There is also “Fraud for Profit” which is sometimes referred to as “industry insider fraud” because it typically requires at least the cooperation, if not the participation, of an appraiser, real estate broker, mortgage broker or other real estate professional.  Such cooperation or participation does not always require any action on the part of the real estate professional.  It can be implicit through the real estate professional’s failure to disclose or correct a representation made by someone else which the professional knows to be false. 

The consequences for the housing market differ only as to degree.  The latter group causes far more in losses to the mortgage industry and ultimately the public because the people involved are not trying to stay in the property and never intended to make the payments required by the mortgage.  Often their schemes will involve multiple properties and parties.  They are motivated to commit mortgage fraud solely by the money that can be taken from a property.  When they have done that or the threat of being caught increases they will often disappear.  Individuals who provide false information to the lender to help secure their own housing lack the same kind of bad motivation and usually intend to make the payments to stay in the housing.  But if they default on the loan because they really were not qualified, the community is still left with foreclosed housing and the individuals with damaged credit and credibility.   

 Mortgage fraud is accomplished through the use of false documents, identity theft, straw buyers, and sometimes the witting or unwitting assistance of real estate professionals. To protect themselves and their clients, real estate agents must be able to distinguish between legal and illegal mortgage practices.  There are a number of different ways in which the real estate agent may inadvertently become involved in these schemes or involve their seller clients.  Agents may be asked to interfere in the appraisal process, alter or not include parts of the purchase agreement that is provided to the lender or title company, intercept verifications of income or employment history or help out by hand carrying verifications provided by the buyers or others working with the buyer.  Any of these activities could be a part of a mortgage fraud scheme. 

Some common examples of mortgage fraud as described by the FBI include:   

Property Flipping - Property is purchased, falsely appraised at a higher value, and then quickly sold. What makes property flipping illegal is that the appraisal information is fraudulent. The schemes typically involve one or more of the following: fraudulent appraisals, doctored loan documentation, inflating buyer income, etc. Kickbacks to buyers, investors, property/loan brokers, appraisers, title company employees are common in this scheme. A home worth $200,000 may be appraised for $400,000 or higher in this type of scheme.

Silent Second - The buyer of a property borrows the down payment from the seller through the issuance of a non-disclosed second mortgage. The primary lender believes the borrower has invested his own money in the down payment, when in fact, it is borrowed. The second mortgage is usually not recorded to further conceal its status from the primary lender.

Nominee Loans/Straw Buyers - The identity of the borrower is concealed through the use of a nominee who allows the borrower to use the nominee's name and credit history to apply for a loan.

Fictitious/Stolen Identity - A fictitious/stolen identity may be used on the loan application. The applicant may be involved in an identity theft scheme: the applicant's name, personal identifying information and credit history are used without the true person's knowledge.

Inflated Appraisals - An appraiser acts in collusion with a borrower and provides a misleading appraisal report to the lender. The report inaccurately states an inflated property value.

Equity Skimming - An investor may use a straw buyer, false income documents, and false credit reports, to obtain a mortgage loan in the straw buyer's name. Subsequent to closing, the straw buyer signs the property over to the investor in a quit claim deed which relinquishes all rights to the property and provides no guaranty to title. The investor does not make any mortgage payments and rents the property until foreclosure takes place several months later.

As is demonstrated in each of the foregoing descriptions, a key element of the problem is the imbalance of information.  One side, normally the borrower or someone working with the buyer, conceals information from or affirmatively misleads the lender.  Anytime an agent suspects this may be the case, further investigation is warranted to rule out any involvement by the agent or their unwitting client in a fraudulent transaction.  There are several clues which may alert the agent that there may be a problem.

One of the most important documents in detecting fraud is the original sales agreement and any addenda to that agreement.  It is the document which the real estate agent is most likely to be involved in preparing.  Thus, care must be exercised in preserving its accuracy.  Things to be sure of:

·          The property is clearly identified

·          All parties to the transaction are identified and have executed the agreement

·          The signatures are legible or properly identified

·          All riders and addendums are attached

·          There are no blanks or inconsistent information in the purchase and sales agreement

·          It accurately reflects the consideration to be paid by the buyer for the property

Other possible red flags:

·          Significant sales price adjustments that are not supported by comparable market data possibly accompanied by request that list price in MLS be altered to reflect appraised value.

·          Required use of a particular appraiser

·          Down payment assistance programs that charge excessive fees or that attempt to place restrictions on how their participation is reported in contract documentation, including the HUD 1

·          Large seller contributions, possibly in the form of provisions for large decorator or improvement allowances

·          Mortgage brokers who refer pre-qualified buyers to agents

·          Statement that the buyer will occupy the property is questionable.  For example, the buyer is retaining old property or there is unrealistic commute to the buyer employment

·          Buyer has very limited credit history and existing history is with high rate consumer finance companies

·          Credit history indicates the repayment of a prior obligation did not include any interest payments

·          Unrealistic income for occupation

·          Recent drastic increase in income due to a raise or a new job

·          Sales contract, appraisal and title work disagree with respect to seller’s name and appraisal shows property or comps previously sold in past year. 

 If these warning signs are present in your transaction, bring the situation to the attention of your broker.  While fraud isn’t involved every time one of these warning signs appear, the few minutes it will take to decide between innocent and fraudulent can save you and your broker time, money and maybe even your license, and reporting fraud will protect the communities in which you do business. 

Mortgage fraud is more than a just a possibility for real estate professionals.  Read the following fraud profile which describes one broker’s experience and lesson.

An agent was asked by a friend to help in the acquisition of a distressed property.  This friend was in the mortgage brokerage business with her husband.  The agent successfully assisted her friend in the purchase.  Unbeknownst to the agent, the buyers arranged a simultaneous closing for the same property to another buyer for double the original purchase price.  The issues of fraud were as follows:

 1.         The second buyer was a straw buyer whose loan qualifications were “enhanced”.

2.         A fraudulent appraisal was obtained to substantiate the inflated second sale price to the lender funding the loan.

3.         The simultaneous closing was doctored to allow the high LTV loan on the second transaction to close first in order to fund and close the first transaction.

4.         Participation of the escrow closer is not documented but the closing sequence certainly should have raised questions.

5.         Not surprisingly, the straw buyer did not perform on the loan and the lender took a large loss.

Outcome:  The mortgage broker served Federal prison time.  Unfortunately, his name has come up again following his release from prison.  The agent was not prosecuted only because there was no evidence that she had any knowledge of the fraudulent second sale to the straw buyer.

Lesson learned:  If the agent becomes aware of a short-term flip of a property for a lot more money, without justification for a higher value, the agent should be alerted that he or she could be implicated in a loan fraud investigation and take appropriate steps of self-defense.

 

Have your own story you would like to share or want to learn more about mortgage fraud?  Go to http://www.realtor.org/letterlw.nsf/1006mortgagefraud

 

Prepared by the Risk Management Committee of the National Association of REALTORS® 

© 2006 National Association of REALTORS®

Permission to reproduce and distribute the text is granted to all members and member boards.

  

 

 
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