In an effort to close the door on
property-flipping scams, Congress is moving to tighten
controls on government-backed mortgages.
Proposed rules require that homes purchased with Federal
Housing Administration-insured mortgages receive either an
FHA- certified inspection or a 10-year warranty on the
property.
Sen. Jon Corzine (D-N.J.), a member of the Banking, Housing
and Urban Affairs Committee, said the proposed rules are the
latest push to address the scams, which continue to be a
serious problem in New Jersey as well as elsewhere.
"The language is a critical first step in protecting the
FHA program and first-time home buyers against fraud. It
should prevent foreclosures that are a result of
house-flipping schemes that thrive due to the lack of
certified appraisals or home inspections," said Corzine.
The proposals are incorporated into the current
appropriations bill for the Veterans Affairs and the Housing
and Urban Development departments, which is expected to go
before the full Senate next week.
Flipping scams typically involve property buyers, lenders
and appraisers working together as a team. They buy
dilapidated houses in poor neighborhoods, artificially inflate
their value with cosmetic renovations, then sell them at
double or triple the price -- sometimes "flipping" them
overnight.
Frequently the buyer cannot qualify for a conventional
mortgage and finances the home through an FHA-insured loan,
without a down payment. The buyer, stretched to the limit by
the monthly mortgage payment, defaults after discovering the
house needs major repairs.
Earlier this year, the FHA imposed its own new rules,
saying it would no longer insure mortgages on properties sold
more than once within 90 days. At the same time, lenders are
now required to obtain an additional and independent appraisal
if a repeat sale occurs between 91 and 180 days.
HUD officials said it is too early to measure any impact of
the rules they put in place in June. They said the department
would have no response on the changes being considered by
Congress until the enactment of the appropriations bill.
Consumer advocates, however, said there were still too many
loopholes to put an end to flipping scams. Phyllis Salowe-Kaye,
executive director of New Jersey Citizen Action -- which has
been working to help dozens of victims refinance houses that
turned out to be worth far less than they paid -- noted that
New Jersey does not certify home inspectors.
"Obviously everything they can do to put in more stopgaps
in predatory lending is good, but they could be made
stronger," she said.
Flipping has plagued inner-city communities throughout the
country in recent years. New Jersey continues a consumer fraud
probe in the case of a group of companies that operated in
Essex and Union counties more than two years ago under a
string of names, including the Eon Institute and Neighborhood
Properties Group.
The now-defunct companies and more than a dozen individuals
connected with the firms, its lenders and appraisers were
charged last year with predatory lending tactics,
unconscionable business practices and consumer fraud. They
also were accused of violating New Jersey's discrimination
laws by deliberately targeting minority home buyers.
While the charges are pending, one appraiser has lost his
license.
Barry Fauntleroy, a Mendham entrepreneur and former radio
personality, was described by the state as the mastermind of
the scheme. He has yet to answer the civil complaint drawn up
in May 2002. "We have not been able to serve him," said a
spokeswoman for the state Division of Consumer Affairs.