Wednesday, February 6, 2008

Watch out for loan fraud

For 95% of Americans, buying or refinancing your home is the most important, complex and stressful financial decision you’ll ever make.

Many mortgage companies, real estate appraisers, and realty professionals stand ready to help you get a dream house and a fantastic loan. However, you need to be aware of the home buying process to be a smart consumer.
Every year, misinformed home-buyers, often first-time purchasers or trust worthy consumers, become victims of loan fraud.

Do not allow this to ruin your most important financial decision!

Here are 11 Tips On Being A Smart Consumer:

1. Before you buy a home, attend a homeownership education course offered by the U.S. Department of Housing and Urban Development (HUD)-approved, non-profit counseling agencies. They will be a third party resource, with nothing invested, that you can get help from.

2. Interview several real estate professionals (agents), and ask for and check references before you select one to help you buy or sell a home. Interview them like you are hiring them as an employee of your business.

3. Get information about the prices of other homes in the neighborhood. Don’t be fooled into paying too much. In the past few years over-inflated values has become the number one fraudulent act committed.

4. Hire a properly qualified and licensed home inspector to carefully inspect the property before you are obligated to buy. Determine whether you or the seller is going to be responsible for paying for the repairs. If you have to pay for the repairs, determine whether or not you can afford to make them. Make sure the home inspector is hired by you and in no way knows the seller or real estate agent. You want an impartial third party to be looking out for your best interests.

5. Shop for a lender and compare costs. Be suspicious if anyone tries to steer you to just one lender. When you interview that lender ask for a good faith estimate and truth in lending, as they will break down the real costs.

6. Do NOT let anyone persuade you to make a false statement on your loan application, such as overstating your income, the source of your down-payment, failing to disclose the nature and amount of your debts, or even how long you have been employed. When you apply for a mortgage loan, every piece of information that you submit must be accurate and complete. Lying on a mortgage application is fraud and may result in criminal penalties.

7. Do NOT let anyone convince you to borrow more money than you know you can afford to repay. If you get behind on your payments, you risk losing your house and all of the money you put into your property. Also, if you get an adjustable rate mortgage so you can afford the house, make sure you can afford the maximum adjustment down the road.

8. Never sign a blank document or a document containing blanks. If information is inserted by someone else after you have signed, you may still be bound to the terms of the contract. Insert “N/A” (i.e., not applicable) or cross through any blanks.

9. Read everything carefully and ask questions. Do not sign anything that you don’t understand. Before signing, read your contract and loan agreement and ask quetions. When in doubt get and attorney or HUD agency to review them.

10. Be suspicious when the cost of a home improvement goes up if you don’t accept the contractor’s financing.

11. Be honest about your intention to occupy the house. Stating that you plan to live there when, in fact, you are not (because you intend to rent the house to someone else or fix it up and resell it) violates federal law and is a crime.

Watch out for Predatory Lending

In communities across America, people are losing their homes and their investments because of predatory lenders, appraisers, mortgage brokers and home improvement contractors who:

Sell properties for much more than they are worth using false appraisals.Encourage borrowers to lie about their income, expenses, or cash available for down-payments in order to get a loan.

Knowingly lend more money than a borrower can afford to repay.Charge high interest rates to borrowers based on their race or national origin and not on their credit history.

Charge fees for unnecessary or nonexistent products and services.Pressure borrowers to accept higher-risk loans such as balloon loans, interest only payments, and steep pre-payment penalties.

Target vulnerable borrowers to cash-out refinances offers when they know borrowers are in need of cash due to medical, unemployment or debt problems.

“Strip” homeowners’ equity from their homes by convincing them to refinance again and again when there is no benefit to the borrower.

Use high pressure sales tactics to sell home improvements and then finance them at high interest rates.

What Tactics Do Predators Use?

A lender or investor tells you that they are your only chance of getting a loan or owning a home. You should be able to take your time to shop around and compare prices and houses.

The house you are buying costs a lot more than other homes in the neighborhood, but isn’t any bigger or better.
You are asked to sign a sales contract or loan documents that are blank or that contain information which is not true.

You are told that the Federal Housing Administration insurance protects you against property defects or loan fraud - it does not. The cost or loan terms at closing are not what you agreed to.

You are told that refinancing can solve your credit or money problems. You are told that you can only get a good deal on a home improvement if you finance it with a particular lender.

Saturday, February 2, 2008

Don't let a gunless robbery turn your credit rating into a nightmare

JOHN F. WASIK

I was the victim of a form of identity theft - twice.

I'm not particularly proud of this fact. On both occasions, my credit card numbers were stolen. The first time, someone pilfered my account to ring up betting charges in Europe. The second time, the villain went on a shopping spree at an office-supply store.

Although I didn't have to pay for any of the fraudulent charges, I discovered there's a lot I could have done to prevent this from happening and avoid potential damage to my credit rating.

Due to the increased use of online shopping, tougher credit standards, and the relative ease of this felony - known as the "gunless robbery" - identity theft will get worse. Some 10 million people a year are victims, according to the Federal Trade Commission, resulting in $50 billion of lost business.

Todd Davis, chief executive of LifeLock Inc., an identity-theft protection company in Tempe, Ariz., estimates that half of all such robberies are committed by organized crime. The other half are through "social engineering, that is, people like waiters and waitresses, dumpster divers going through trash, your friends and family."

What's vexing to consumers is the time lost in trying to repair their standing with credit agencies and fixing collateral damage.

The first time I was ripped off, my phone company mistakenly shut off my Internet and landlines because I was being billed to a credit card account that had to be closed.

The best way to prevent identity theft is to monitor your credit carefully:

Look at your credit report at least twice a year and well in advance of a major installment loan or mortgage application. You can do a cursory check of all three agencies at annualcreditreport.com.

Immediately report any errors and keep a close eye on whether any unauthorized applications for credit were opened recently. That's a red flag that someone may have stolen your data.

Don't offer your credit card or driver's license numbers to an organization you don't know and never provide your Social Security details unless it's absolutely required by a trusted firm.

If you want to get an extra layer of protection, enroll in extended fraud protection programs. They will scan your accounts and credit files constantly for unusual billing.

Want to take it a step further? Shred any documents or mail that may have account or personal information on it. Use "virtual" credit card numbers provided by your bank for online purchases, if available.

Should you discover that you have been victimized, notify your credit card company immediately and close your account. Also file a report with your local police department.

The bank will send you an affidavit to notarize for any charges you haven't incurred. Document the fraudulent ones and send it back immediately.

While filing an affidavit to note scam charges is part of the process, you need to follow up with credit bureaus to ensure these billings are taken out of their scorings. In other words, you need to see that they "rescore" once you have cleared up your accounts.

The larger problem with identity theft is that it may sabotage your credit standing. Say a thief uses your card number and charges more than your credit limit. That lowers your rating and may make you ineligible for loans.
Need credit immediately after fixing your record? Ask the credit bureaus to do "rapid" rescoring.

To lock down your credit information, you can request that a "freeze" be put on your file through the three major bureaus, Equifax, Experian, and TransUnion. This will prevent anyone from accessing your information.
Keep in mind that if you request a freeze, you will need to unfreeze before you apply for more credit.

"I wouldn't recommend a freeze unless you have a need for it," says Gerri Detweiler, a credit adviser with credit.com, a consumer website. "That would include going through a nasty divorce or dealing with a lost or stolen wallet."

John F. Wasik is a Bloomberg News columnist