Although con artists and fraudsters have dozens of schemes to steal property and money, numerous schemes rely on inflated appraisals – appraisals that claim the property is more valuable than it really is.

 

Some homeowners use inflated appraisals to pull more equity out of their home than they have in it. For example, say the owners owe $180,000 on a home that’s worth $200,000, and they want to borrow $40,000 to redo their kitchen. Most lenders will be reluctant to approve a $40,000 loan, because the owners have only $20,000 equity in the home. To get around this problem, the homeowners (and perhaps their loan originator) may hire a "cooperative" appraiser to appraise the home at $240,000, so the loan can be approved.

 

This may seem like an innocent "white" lie, because the kitchen rehab will probably raise the value of the property, the lender will make a larger loan and earn more interest, and the loan originator will earn a commission. On the surface, everybody wins. However, this is a form of mortgage fraud – it misleads the lender into approving an overly risky loan. It also artificially inflates property values, property taxes, and insurance, making housing less affordable.

Con artists also use inflated appraisals to rip off home buyers and investors. In a recent case in Florida, a company was converting apartments into condominiums and selling them to (mostly out-of-state) investors. The company hired an appraiser from hundreds of miles away to appraise the properties without ever seeing them; the appraiser had no idea what similar properties in the area were selling for. The company fed the appraiser the information that was used to write up the appraisals, usually indicating that the properties were worth anywhere from 30 to 100 percent more than their true market value.

 

Many of the investors assumed that if the lender (or bank) was willing to loan them the money to purchase the properties based on the values stated in the appraisals, the appraised values must be accurate. Unfortunately, this assumption was wrong. The loan originator was in on the scam with the company that was selling the properties. Together, they were pulling all the strings, misleading both the lender and the investors through the use of inflated appraisals.

 

For an appraisal to be valid and reliable, it must be unbiased. If you are buying a property and have no clear idea of what similar properties in the same neighborhood are selling for, then order your own appraisal. Hire a reputable appraiser who is familiar with property values in the area and instruct the appraiser that you want an unbiased appraisal. Don’t rely on what the seller or loan originator (or their appraiser) is telling you. That person’s view could be the most biased of all.

 

Ralph R. Roberts, GRI, CRS is a real estate and mortgage fraud forensics expert and author of Protect Yourself from Real Estate and Mortgage Fraud: Preserving the American Dream of Homeownership (Kaplan Publishing).

The current foreclosure crisis is changing the way that lenders are handling these accounts.  The sheer amount of foreclosures along with declining values is providing flexible opportunities for some homeowners that did not exist previously.  Banks are finding it more beneficial to negotiate with delinquent borrowers than  ever before.

 If you are like most homeowners facing foreclosure, you want to keep your home. Perhaps you raised your family in this home and have fond memories of the good times you’ve had. Maybe you have school-aged children, and you don’t want to move them out of the neighborhood or school district and away from their friends. Or, maybe you just dread the thought of packing up and moving.

Unfortunately, for about 90 percent of homeowners facing foreclosure, selling the home and moving to more affordable accommodations is usually the best option. If you were unable to make the monthly mortgage payments before, making the payments in the future while trying to catch up on missed payments can be quite a challenge.

 

Can you keep your home? That depends on several factors, which this article explores.

 

 

If you are facing foreclosure because of a temporary financial setback, such as a short-term layoff or a large, unexpected medical bill, then you have a much better chance of keeping the home. As long as you can afford the monthly mortgage payments going forward, you should be able to work out a payment plan with the bank to catch up on missed payments.

 

 

If you’re behind on your house payments primarily because you’re buried in credit card debt and other debts not secured by your home, you may be able to file for bankruptcy and keep your home. Consult with a reputable bankruptcy attorney in your area to find out whether bankruptcy is a viable option for you and which assets you would get to keep.

 

Don’t dismiss the bankruptcy option before exploring it fully. A bankruptcy attorney may charge you $350 to $400 for the initial consultation, but it is usually worth the cost.

 

 

If you have been paying mortgage insurance, that insurance could offset what the bank stands to lose from your inability to pay and may make it more appealing to work out a deal with you or negotiate a short sale (accepting less than full payment of the loan), so you can sell the home and at least break even.

 

 

The mortgage crisis has weakened the bank’s ability and willingness to foreclose, because they simply cannot handle the vast number of foreclosures. They may be more inclined to cut you a deal that allows you to keep making payments rather than foreclose on you. Foreclosure sticks them with a property they must rehab and sell, and your property’s value may not be sufficient to cover what you owe on your mortgage. Foreclosure usually costs the bank a lot of money.

 

Contact your bank and see what kind of deal they can offer you. They may forgive part of your debt, modify your mortgage to make your monthly payments more affordable, or work out a payment plan with you to catch up on missed payments over time or add them to the end of your mortgage.

 

 

Prior to foreclosure, you can reinstate the mortgage by catching up on missed payments and penalties. If you have family members or friends who are in a position in which they can help you out, consider asking them for a loan to reinstate the mortgage.

 

Caution: Don’t reinstate unless you can start making your regular mortgage payments and have enough money to start paying back the loan from your relatives or friends.

 

 

If you are earning sufficient income to pay your bills but simply overspent your way into foreclosure, can you tighten your belt enough to get back on track? Be realistic. If keeping the home is going to place a significant strain on the family finances, moving into something more affordable may be your best option.

 

For information on how to obtain free or low-cost assistance from a HUD-approved credit counselor, call 1.888.995.HOPE or visit HOPE NOW.

 

 

Freddie Mac’s Don’t Borrow Trouble website advises against borrowing trouble. Under duress, many homeowners panic and seek ways to borrow the money they need to bring their mortgage loan current. This can lead to high-interest loans and the possibility of signing over rights to your home to a con artist who offers what seems to be an easy solution.

 

Work with your lender and reputable professionals (an attorney, credit counselor, mortgage broker, your lender, and/or a Realtor) to determine your best course of action. The person who shows up at your door uninvited and offers to help is usually the wrong choice.

 

Ralph R. Roberts, GRI, CRS and his team of foreclosure experts regularly assist families facing foreclosure and have authored Foreclosure Self-Defense For Dummies (John Wiley & Sons).