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Desperate for business in a collapsing industry, a growing number of mortgage brokers are resorting to deceptive practices and Violating federal do not call restrictions to sell an exotic product one industry leader called “dangerous” for most borrowers. Through
telemarketing blitzes, blanket faxes, direct-mail and radio ad
campaigns unscrupulous brokers are hawking misnamed “1% mortgages”
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also known as “negative-amortization” loans -– in
misleading and potentially fraudulent ways, said Kate Crawford,
consumer-protection chairwoman for the National Mortgage Brokers
Association. The onslaught is especially severe in fast-cooling, major
metro markets. “I would never recommend these,
especially for a first-time home buyer,” Crawford said. “They’re very
dangerous, and most borrowers don’t understand how they work even after
you explain it several times.”
“No one should be
pushing negative-amortization mortgages ever,” said Will Ogburn,
executive director of the National Consumer Law Center in Boston. “And
to do it deceptively by highlighting a 1 percent interest rate is a
huge scam.”
The
U.S. mortgage industry is undergoing its swiftest contraction in
history this year since rates jumped from 50-year lows, sparking an
unprecedented drop in refinancing and new-home purchases. Federal
authorities estimate the number of Americans employed in the
mortgage-origination field will drop 40 percent in 2006.
As
a result, some brokers are aggressively marketing once rare “neg-am”
loans, previously reserved for wealthy borrowers who receive income in
big spurts. They came into widespread use last year in high-priced
markets like San Francisco for borrowers unable to qualify for
conventional mortgages.
Under a common “four-pay
option,” borrowers can elect to make a monthly payment based on a
15-year or 30-year fixed-rate schedule. They also can pay only the
monthly interest and none of the principal, or even just a small
percentage of the interest due. That last choice, which many take,
results in negative amortization where their balance steadily grows
each month -- an especially risky choice in a slumping housing market
like the one now under way.
A radio ad in greater
Washington, D.C., last month trumpeted a “1.25 percent mortgage” that
enabled homeowners to borrow “$500,000 for as little as $1,300 a month”
-- without disclosing how deeply and quickly into debt they’ll go if
they do -– about $1,400 a month or nearly $17,000 in a year. The
fast-spoken disclosure language said only that “this loan could add to
your principal balance.”
Anyone
who advertises neg-am loans as 1 percent mortgages -- rather than loans
with 1 percent payments -- could be prosecuted for fraud, experts say.
Yet, no federal or state authorities have stepped up to prosecute
abusers.
Industry leaders and consumer groups are
united in their denunciation of these mortgages. They liken them to 125
percent mortgages that do little more than enable overextended
borrowers.
Just how pervasive the predatory come-ons
have become is difficult to gauge. The Federal Trade Commission and the
Federal Communications Commission declined to acknowledge receiving any
“1 percent mortgage” complaints or make the type of recent complaints
public –- even though no individual companies would be named.
Do-not-call
violators realize they face little repercussion given scant
enforcement. In the year after the registry took effect in October
2003, during the height of publicity, the FCC issued fines or citations
to 20 companies. In nearly two years since, it’s cited only six,
according to the agency’s Web site.
One
California homeowner on the DNC list received two unsolicited calls in
a 12-hour period this month from brokers from Blue Leaf Financial and
United Century Mortgage, offering a “lower cost” or “wholesale” loan.
That same homeowner fielded more than five dozen such calls -– none of
which show up on caller-ID or are traceable by “*69” -- in the last two
months.
James Yoo, listed as head of Chatsworth,
Calif.-based Blue Leaf in California Department of Real Estate records,
did not return a phone call for comment. A Google search yields a
dormant home page for a company called Blue Leaf Financial at a more
upscale street address on Wilshire Boulevard in Los Angeles.
James
Drake, customer service director for Santa Monica-based United Century,
said the offending call was one of the “0.5 percent” that slip through
its scrubbing process for DNC registrants. “I personally extend my
apologies. I don’t know of any company with a 100 percent perfect rate
on the DNC.”
As for pitches for 1 percent neg-am
mortgages, Drake agrees they can be “bent to the point where some
people don’t know their loan balance is rising, and that is absolutely
heinous.”
Michael
Pfiefer, general counsel for the California Mortgage Bankers
Association, is certain there’s been widespread violations of false
advertising and do-not-call laws because he’s received numerous calls
at his own home.
“People are trying to figure out
ways to stay in business” and some are resorting to potentially
criminal means to do it, Pfiefer said.
The danger
of these unchecked abuses is especially grave for mortgage holders with
minimal equity in their homes, Crawford warned.
“Human
nature is to make the minimum payment, and when they to go sell their
house, they may have no equity left,” Crawford said, especially if
their home’s value drops. “They may have to stay in that house longer
than they planned, and that will turn their world upside down.”
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