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Friday, April 17, 2009

Neighborhood Housing Director Urges Adequate Funding To Put Mortgage Fraudsters "Heads On A Pole"

Contributed Photo, One Of The Convicted
T.J. Waconia Fraudsters

Responding to my recent posts about the Larry Maxwell mortgage fraud trial, Hawthorne Housing Director Jeff Skrenes emailed a thoughtful response about the need for adequate funding to prosecute complex, highly-involved mortgage fraud schemes, especially in the hard hit area of North Minneapolis.

I knew Jeff The Mortgage Geek would have some great thoughts on this subject. Jeff says as follows...

It's interesting that as you blog about the Larry Maxwell trial, you also mention the David vs. Goliath nature of who has funding to do certain things.

Just before coming to Hawthorne, I met a victim of Maxwell's fraudulent tactics. I was working for ACORN at the time, organizing to get the predatory lending legislation passed. (THAT was a funding disparity in and of itself, mind you. Industry lobbyists reportedly got paid six figures just to come to MN for a few months to fight the bill. The only way you could say I got paid six figures is if you counted the two numbers AFTER the decimal point.)

And just before THAT, I was a loan originator with Centennial Mortgage and Funding.

In January of 2007, right before I left the industry, Centennial loan originators were trained in on how to spot what was called a "One-Transaction Flip." I don't know if this is now a commonly used term, but it was what Maxwell is accused of doing, and it is a type of transaction that is virtually impossible to do without violating the trust one has as a licensed real estate professional AND breaking laws in the process.

(JNS says: well, I certainly hope for Larry Maxwell's sake that he's gone to the effort of getting trademark protection) (Broken sarcasm font notification)

So I got the training to spot this incredibly complex, very profitable type of fraud. Then I left the industry and organized within communities affected by this fraud, and found someone who was a victim (and potentially participated in several such transactions with Maxwell).

With the help of a realtor, I looked on the MLS and saw that Maxwell was doing this over and over again. Just based on the volume of his transactions, we (this realtor and I) figured he had to be raking in at least $80,000 a month. And then earlier this year, thanks to your blog, I saw some of the court documents showing that he earned as much as 14.6% in realtor commissions - more than double the typical fare.

(JNS says: Oh, yeah, that would have just...um...jumped right out at me, too)

Obviously we don't know how much of that he had to share with his buddies- - loan officers, appraisers, title companies, buyers who got a cut, and shady "consultants" who referred either people or stolen identities to the Maxwell's. Even so, the amount of money flowing from these transactions was CONSIDERABLE. Large enough that one could perhaps save up $50,000 in mattress money in case one needed to post bail, certainly.

(JNS says: well, that whole thing about $50,000 stuffed in a teddy bear is...um...Hunter S. Thompson parody writing)

Imagine my surprise when I found out that this guy lived in the very neighborhood where I was hired as Housing Director. I had the technical know-how to understand what he was doing, he was right in front of me, and I knew enough realtors and others in the industry that could have kept a close eye on him in various ways.

Metaphorically, I had a target, I had plenty of ammunition, but I had no gun to fire it with. Why?

Well, there was a task force (I think it was in Hennepin County, but it could have been statewide) set up to deal with mortgage fraud. Right around that time, it had been shut down or its funding greatly reduced. The reasoning I seem to remember is that the cases were incredibly complex and required a lot of time and money, and didn't have enough of a guaranteed "return" (i.e. conviction) to make pursuing such cases worthwhile.

(JNS asks: I hope any readers who have specific information will comment and help nail down more details about when this task force was operating, when and why it was shut down, etc.)

That left reporting him (Maxwell) to the Commerce Department (run by Pawlenty appointees who really don't like to regulate things like, oh, COMMERCE) or the Attorney General's office.

I could have done more to refer things there, I suppose. I also brought up this case to an investigator, I think with the Minneapolis or Bloomington PD, at a Hawthorne Huddle when I had just started working as Hawthorne Housing Director. But I was still getting the lay of the land and was very new to the neighborhood. I didn't have the experience or clout to make this a huge priority when I had so much else to learn about my job and the neighborhood. It bothered me no end to know that there was mortgage fraud going on in my neighborhood and I didn't know how to stop it.

Yes, the FBI raided Maxwell eventually, but how many bad deals did he do before that happened? How many people were victimized? What was the continued damage to the community? How much more money did he rake in to pay top-shelf defense attorneys before things finally caught up with him?

And how many more Larry Maxwells are still out there, looking for the next way to scam people out of their money?

If we had the proper funding for mortgage fraud investigation, we could hold the fraudsters accountable, we could track them down before they take advantage of even more people with their next scheme, and we could send a message that in Minneapolis, in Hennepin County, in Minnesota, you do not come here and break the law.

If we don't get funding to get tough on mortgage fraud, then our other option is to get together and sing the opening line to "Everybody Knows" by Leonard Cohen. "Everybody knows the dice are loaded, everybody rolls with their fingers crossed. Everybody knows the war is over, everybody knows the good guys lost. Everybody knows the fight was fixed, the poor stay poor and the rich get rich. That's how it goes, and everybody knows."

In my more cyncial moments, I like that song, but I'd much rather put the figurative heads of fraudsters on a pole.

(JNS says: yeah, and while I'm at it, I'd like to wear their bloody metaphorical ears for a necklace)

5 comments:

  1. I love how "Hawthorne Housing Director" gets capitalized but "Realtor" does not.

    Anyway... I appreciate all of this investigation - really I do. It's facinating and I hope all of the fraudsters go to jail. They deserve it for how they've preyed on neighborhoods like Hawthorne.

    At the same time, I cannot help but see this as too little, too late... and too distracting from the problem AT HAND.

    Which is:

    Stopping the bleeding NOW. Getting people into these houses (or, as is often the wont - demolishing said houses.)

    Look around.

    Look at all the boarded houses.

    Look at the trash.

    Look at the broken glass, rubber gloves and condoms in the driveways of the above-mentioned homes.

    Where is Hawthorne on the subject of what to do NOW?

    What will you do to stem the tide of foreclosure, fraud, and abuse NOW?

    ReplyDelete
  2. Just so everybody can follow the in-jokes: me and "Ranty" have had a back channel discussion about the capitalization of "realtor."

    And "dumpster."

    And "Velveeta."

    I do think prosecution of mortgage fraudsters can help stop the bleeding if it puts properties under control of the City of Minneapolis instead of slumlords. Different folks are working on different parts of the problem. The prosecutors are doing their share when it comes to their part of the problem, but they lack adequate resources.

    And, by the way, I stand on common rules about position titles and the capitalization of neighborhoods in regard to "Hawthorne Housing Director."

    But my jury is still out on "realtor." I'm sure the distinction means a lot within the profession. I, however, say Jello is just jello.

    ReplyDelete
  3. Ranty - and KEEPING people in their homes now! It's ridiculous that someone with adequate income and the desire to stay in their home can not find a government program, a bank, financing to stay in their home instead of creating another vacant house to add to the mess.

    ReplyDelete
  4. Johnny - here you go about "REALTOR"

    http://realtytimes.com/rtinteractive/20010411_editors.htm

    ReplyDelete
  5. It's never too late to do the right thing, I believe. Maybe some of this comes from my affinity towards comic books and their literary and visual tendency to view things in shades of black and white.

    But I believe we've got to go after the bad guys. Crime doesn't pay, and evil must be punished, to borrow cliches from that genre.

    A quick glance around will clearly tell us that it's too late to stop the effects of what mortgage fraud has done to Hawthorne and north Minneapolis. But going after the Maxwells, Universal Mortgage, TJ Waconia, and others sends the message that we don't tolerate this kind of behavior. More importantly, it removes these people from our community so that as we improve it they are not free to take advantage of others again.

    The various aspects of the housing crisis and how to respond are so multi-faceted it often makes my head spin. So I tend to just pick a part of what I can do and chip away at that, pausing ever so often to look at how my work is affecting the bigger picture, and adjusting what I do accordingly.

    ReplyDelete

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