search site
Categories
Homeowners and Homebuyers
Real Estate Fraud
END CONSUMER ARBITRATION
CLIENT QUESTIONS
Construction Matters
TRCC - Texas Residential Construction Commission
TREC-Texas Real Estate Commission
TERMITES

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
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
9/12/2009 - Judge Randy Wilson Protects World's Largest Relocation Company
9/11/2009 - Texas Real Estate Commission is There to Help Realtors, Not Consumers
5/14/2009 - Keeping the TRCC Alive - And Killing Homeowner's Hopes of Quality Building
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
1/16/2008 - How To Pick a Home Inspector
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
9/13/2007 - Homeowners Against Deficient Dwellings (HADD) is a Resource When your New Home Has a Construction Defect
9/2/2007 - Water damage and termites in our homes.
8/22/2007 - Construction Defects and Water Damage
8/19/2007 - The Importance of Keeping Good Records When Things Don't Go Right
8/16/2007 - Construction Defects and the Mortgage Subprime Market Hurts All of Us
8/15/2007 - Being a Witness in a Construction Defects Case
8/13/2007 - BAD BUILDERS IN WASHINGTON STATE
8/13/2007 - Free Speech
7/19/2007 - Texas Residential Construction Commission Is Bad for Texans
7/3/2007 - Lennar Homes is the Biggest Not Because They are Good
6/5/2007 - Is ReMax Really Behind Your Agent?
Evin G. Dugas - Attorney at Law 512.261.0044 Evin@housedefects.com
2303 RR 620 South,   Suite 135 PMB 361,   Austin, Texas 78734
© Copyright 2010 Evin G. Dugas - Attorney at Law, All Rights Reserved SITE DESIGN AND HOSTING BY SITESTREET.COM