Have laws been changed to prevent the moral hazard of loan officers approving so many people on faulty loans?

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thinker70 answered a question in Real Estate.
279 points

thinker70 answered 2 months ago …

You have heard the expression "fear and greed are what moves the markets" WELL, fear and greed also motivates people outside the stock market. You can pass all the laws you want but oltimately criminals or dishonest people will find a way around them or UNDER economc pressure even formerly moral people will BEND the RULES to try and survive economically.

TO WIT, real estate agents make no money UNLESS they can get potential buyers approved for mortgages, bankers make no money unless they keep churning out new loans, appraisers make no money unless they play along with appraisals that support the value being placed on a deal, it is a chain reaction in which everyone turns a blind eye to economic reality. The c hickens have now come home to roost, but it is like locking the barn door AFTER the horse has been stolen! OF COURSE requirements are now beeing tightened up to prevent a repetition, but it is really in self interest, there is no law that can prevent STUPIDITY and malfeasance! Myron Martin

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EthanR answered a question in Real Estate.
3090 points

EthanR answered 2 months ago …

I have to disagree with the tone of the above answer, as it paints all with the same brush in a very negative way. As a Real Estate agent, I will say that you are correct that I make no money if a buyer can't get loan approval, but there is an implication in your answer that somehow loan approval will get done no matter how the buyer's credit or debt to income looks. This is certainly not the case. When a customer can't get loan approval, what we do is to provide them with the information on how to improve their credit or lower their debts, so they can try for approval again in 6 or 12 months.

As for appraisers, if anything they are very conservative right now, and have been so for the last two years. As one appraiser told me, "I don't have time to argue with 10 underwriters on the phone all day. I'm not sticking my neck out on any of my appraisals."

As for your assertion that even moral people will bend the rules to try to survive economically, if that is so true then why have thousands of mortgage companies gone out of business in the last two years? Wouldn't they have just bent the rules?

The entire industry is under a microscope right now, and it's pretty difficult for even the most corrupt of individuals to get away with anything. The mortgage people with whom I work tell me that the underwriters are going to the strictest extremes on every deal.

Here are a few articles that you may find interesting on mortgage fraud investigations:

http://www.fbi.gov/publications/fraud/mortgage_fraud06.htm

http://www.realblogging.com/real-ralph/colorados-attorney-general-proposes -legislation-curb-mortgage-and-foreclosure-fraud

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