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9/25/2008
Mortgage Fraud


As a home buyer, you expect that the lending process, i.e., the mortgage process, will protect you from a bad deal.  You could not be more wrong.  Of course, that is not surpsing today, given the near meltdown of our entire economy arising from the sub-prime mortgage fiasco. 

But you might feel removed from the excesses of the sub-prime world.  After all, your mortgage was prime and not sub-prime - so the people you did business with were looking out for you.  You better sit down. 

Remember when the Earnest Money Contract was completed.  They took your thousands of dollars and deposited in an "escrow" account.  Just the word "Escrow Account" conjures up a sense of security.  The system must be protecting you.   Not exactly. 

You see, one of the first things that is done after you are approved for a loan to buy the house is the appraisal.  You probably thought (and still think) that the appraisal is some kind of disinterested, neutral process where the real and genuine value of the house is revealed.  If this impartial, non-aligned evaluation is too low, you won't get the necessary funding and you will no longer be obligated to buy the house.  You will get your earnest money back and start looking for a house that has the value you are offering.  Sounds good.  If only it were true. 

You see, the appraisal process is inherently corrupt.  The appraiser is not disinterested or impartial, except maybe in some rare occasion.  The reality is that the appraiser is almost universally told at the time the request for appraisal is made what you have offered for the price.  And the game from there is to see whether the price is justified, not what the house is actually worth. 

Appraisals of residential properties are based on the comparable sales of other properties of like kind and quality.  Therefore, the fact that there is a house, yours, being sold for the price you are paying for it  is some evidence of what a house like yours, or in this case, yours, is worth.  It is almost an endless circle of comparable values with only the most obvious dilapidated house not meeting the contract price. 

So when you bought your house and recieved word that your appraisal came in a few thousand more than the price you offered, you thought you were pretty smart.   You still are, but now you're just a little bit smarter.  Next week, what you can do to legitimize your appraisal and the process.





Previous Entry
What To Expect in a Deposition

4/16/2008
What you can expect in a deposition particularly in a real estate fraud or misrepresentation case.
   
Next Entry
How To Get an Honest Appraisal

10/1/2008
Home appraisals are rigged to close the deal from the beginning because the appraiser already knows what you agreed to pay for it. How to inject some objectivity and fairness.
All entries
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2/2/2012 - Key 2: Buying a House in 2012
1/12/2012 - Key 1 - Keys to Buying a House in 2012
1/11/2012 - Keys to Buying a Home in 2012
10/19/2011 - Can Filing a Lawsuit Affect Market Value? Too Much Expert, Not Enough Common Sense
10/7/2011 - Texas Real Estate Commission "TREC" Says No Intent to Make Earnest Money Contract an "AS IS" Contract
10/7/2011 - Step 5: AFTER A HURRICANE
10/7/2011 - Judge Graham Quisenberry Refuses to Try Rees Atkins and Piper Pardue on Real Estate Fraud
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9/1/2011 - Step 4 After a Hurricane; Contact Your Agent
9/1/2011 - What to Do After a Hurricane: Step 4A: Record Your Contacts with the Insurance Company
8/9/2011 - After Taking Video and Photos, Protect Your Home and Property. Step 3 After a Hurricane
8/6/2011 - Dick Hargis: The Master of Sincerity
8/5/2011 - After a hurricane, What Do I send the Adjustor? Step 2 After a Hurricane
8/4/2011 - 1st Step After Hurricane - TAKE PICTURES & VIDEO!
8/2/2011 - What to Do After a Hurricane or Storm
8/1/2011 - Hurricane and Storm Policies Pay Your Legal Fees
7/20/2011 - Do I Need a New Survey?
5/24/2011 - True Trial Stories: We Can't Speak French During Voir Dire
5/23/2011 - Stopping Foreclosure
5/23/2011 - True Trial Story: The Witness Just Left...No Direct, No Questions, Just Left the Courtroom
5/19/2011 - Septic System Advice for Home Buyers
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4/21/2011 - Termites Mean Damage
4/18/2011 - Home Seller Not Liable
4/18/2011 - True Trial Story: Sentenced to Jail in the Middle of Trial
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4/6/2011 - Termite Swarmers
4/4/2011 - Home Buyer Tip of the Week: Talk to the Seller Yourself
4/1/2011 - Realtors Set to Vote to Set Realtors Free from the DTPA
3/30/2011 - Texas Legislature Gives Realtors a "Get out of Jail Free" Card
2/18/2011 - Lennar Homes Backs Out of Settlement
2/17/2011 - Lennar Homes Refuses to Honor Settlement
1/14/2011 - Real Estate Fraud Story: The Report They Forgot to Destroy
1/12/2011 - DID THE HOMEOWNER DO SOMETHING WRONG?
10/20/2010 - Rusty Jenney IS the BEST Termite Inspector in Texas
10/13/2010 - Don't Rely on a Real Estate Agent
10/12/2010 - Builders Rely on Their Lawyers to Cover the Truth
10/11/2010 - Utilice la ley. Está aquí para usted.
6/17/2010 - Homebuilders Hate Juries
3/1/2010 - Real Estate Fraud in Texas
2/17/2010 - Make Your Realtor Get the Answer in Writing
2/15/2010 - Ask for Previous Disclosures
2/12/2010 - Why Do Realtors Lie?
2/11/2010 - Septic System Disclosures
10/8/2009 - Why Realtors Like Home Inspectors
9/16/2009 - Termite Inspection is a Waste of Time
9/14/2009 - END CONSUMER ARBITRATION NOW! Reason No. 1
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9/11/2009 - Texas Real Estate Commission is There to Help Realtors, Not Consumers
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3/23/2009 - House Has Unpermitted Repairs that are Causing Mold
3/20/2009 - Homeowner Wants to Know if Rotted Roof Trusses and A/C Non-Disclosure are Fraud
3/3/2009 - So Your Client Wants a Bigger House...
2/25/2009 - Disclose Everything!
2/23/2009 - What If I Can't Attend the Inspections?
2/21/2009 - JUDGE RANDY WILSON KNOWS BETTER THAN JURY
2/18/2009 - How Long Can the TRCC Take?
2/17/2009 - All Used Home Sales in Texas are "AS IS"
1/28/2009 - CARTUS FINANCIAL COMMITS FRAUD ON HOMEOWNERS
1/16/2009 - END CONSUMER ARBITRATION
1/16/2009 - END CONSUMER ARBITRATION II
12/12/2008 - KB HOMES DESTROYED EVIDENCE OF MOLD
10/25/2008 - Do Builder Repairs Have to Be Disclosed?
10/23/2008 - Disclose Everything!
10/3/2008 - What is a Mediation?
10/1/2008 - How To Get an Honest Appraisal
9/25/2008 - Mortgage Fraud
4/16/2008 - What To Expect in a Deposition
2/27/2008 - Subdivision Drainage
2/20/2008 - Why Termite Inspectors Can't Find Termites
1/23/2008 - Why a Home Inspection is Not What You Think it Is
1/17/2008 - Trusting Your Home Inspector
1/16/2008 - Home Inpectors Respond to My Criticism
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1/4/2008 - Beware of Home Inspectors
12/26/2007 - Intermediary Agent Scam
12/19/2007 - What is an Intermediary Agent?
12/12/2007 - Ask Your Neighbor
12/5/2007 - IF A DEFECT WAS REPAIRED, DO YOU HAVE TO DISCLOSE IT?
11/28/2007 - Does Seller Have To Disclose Old Defects & Conditions?
11/21/2007 - When Real Estate Disclosures NOT Required
10/29/2007 - The TRCC aka "The Builders Defense Program"
10/22/2007 - The Texas Residential Construction Commission
9/26/2007 - House Foundation Settlement
9/19/2007 - Homeowners for Better Building (HOBB) is another national organization to assist you when you have a new home construction defect.
9/18/2007 - Builder Fails to Attend SIRP Inspection
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8/15/2007 - Being a Witness in a Construction Defects Case
8/13/2007 - BAD BUILDERS IN WASHINGTON STATE
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7/19/2007 - Texas Residential Construction Commission Is Bad for Texans
7/3/2007 - Lennar Homes is the Biggest, Does That Mean They are the Bestare Good
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Evin G. Dugas - Attorney at Law 512.261.0044 Evin@housedefects.com
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