Liar, Liar, Pants On Fire...'Liar Loans' Lead To A Spike In Mortgage Foreclosures

It starts out all so innocently, the loan application (1003)sent to the borrower with foreclosure action following
is filled out while gathering the income and debtswhen mortgage payments are not made. In a
verified through credit reports and mortgage payoffs.foreclosure process, the lender holding the bag goes
Then the Debt To Income Ratio (DTI) is calculatedback through all the files looking to perform an autopsy
dividing the debts including the new housing expenseon the loan to determine what happened. Every piece
by the income and wham, it happens. The DTI is overof paper is examined, verifications are double-checked
60%. Conventional loan guidelines historically have beenwith a high powered microscope. All who committed a
around 28% for housing expenses including taxes,fraudulent lending practice are sought out and
insurance, private mortgage insurance and homeownerdemands are made for redemption and loan buy back.
maintenance fees. The total debt ratios had beenSome enterprising participants had provided false bank
around 36% for all monthly debts including the housingstatements and other loan documents, which were in
expense. With computer modeling and automaticfact fraudulently created on a fine computer word
approvals some DTI ratios have been allowed to floatprocessor. The fix had been in.
up in some cases to 50% to 60% if the borrower hasMany of these stated loan products were all the rage
lots of assets and the loan is on a full doc basis. Asthen the fraud hit the fan. Borrowers could not afford
time passed, more and more hybrids began to showthe payments and did not even come close to having
up. Mortgage Brokers were inundated with this newenough to even live on. Major changes are afoot.
loan product called Stated Income. Simply theMany mortgage brokers exercise much self-discipline
borrower would state their income on page two of theand will not even consider a Stated Loan with
1003 loan application and ratios would fall within lendersomeone on fixed income. Where is the "real" money
acceptable limits. The original thinking by lenders weregoing to come from? Guidelines are tightening well
grounded in the premise that many busy well to doafter the horse has escaped from the barn. There is a
borrowers didn't have time to compile tax returns andweb page called that gives the high and low range of
a litany of proof of their assets. This especially appliedincome for various occupations. Lenders will
to borrowers who owned a multitude of incomeimmediately check this to see if the Stated Income is
producing properties or had filed for extension on filingwithin this range. In the past, many times, these loans
a personal or corporate return for a self-employedwere done with a wink. This is no longer the case.
borrower. This was a very popular plan and billions ofRecently, Form 4506, which is an IRS form that a
new mortgage originations were sold using the Statedborrower signs allowing the lender to check with the
Income or other derivations of the basis plan. It wasIRS and determine income from the borrowers tax
great for self-employed borrowers who found itreturns and W-2s if any. Formally this verification
difficult to compile in a timely manner all theprocess with the IRS was a time consuming endeavor,
documentation for a fully documented loan whichbut this is not the case anymore. For like $4.00 per file,
would use tax returns and a year to date statementa lender can access, with the borrower's written
from a CPA.permission, an online web site and access the IRS site
Later on, due to the heavy volume of mortgageto verify income. Many lenders will not close the
business and a desire on part of lenders to expandStated Income loan without an IRS Form 4506 being
this popular niche into other areas W-2 wage earnerssigned. Many of these loans are sold into the
were allowed to state their income as well as thosesecondary market that helps keep the mortgage
on fixed income such as social security, disability andmoney supply flowing. As more and more
pensions. For a few years this seemed to be ok.foreclosures ensue from the Stated Income Mortgage
However, as time went on, and the economy inProducts there will be a major shake out with
various parts of the country began to slow down,tightening of regulations and a search for any player,
borrowers with stated income loans began to have anincluding the borrowers, who may have had a hand in
inordinate amount of foreclosures. At this time, Statedthis "Liar Loan" product. The fallout is already
Income mortgage loans rival the Option ARM forunderway.
frequency of foreclosures. Fraud reared its ugly headWhat is a borrower to do? For one, look for mortgage
as participating players in the loan process wereproducts that do not require stating a phony income
structuring deals with phony baloney borrowers whonumber. A No Doc loan requires stating No Income on
didn't exist. These phony buyers are called "strawthe 1003 loan application. A No Ratio does not require
buyers" by prosecuting attorneys. Many times the firstincome to be listed but verifies employment and term
payments were never made. Most mortgage brokerson the job. It has to make sense. The days of loose
and lenders have buy back agreements from thelending may be over for many. Bottom line, if it doesn't
secondary markets so when a loan goes bad themake sense, it probably is not a good loan. Think long
originator is on the hook to buy the loan back. If fraudand hard about using a Stated Income loan product. If it
was involved, that shop many times already closed upconforms with what it originally designed loan program
and had run away with any ill-gotten gains togetherfor the busy borrower with lots of cash and assets
with the rest of the crew who were working theand no time to pull things together, great. If not, think
scam. Those players are prosecuted and serve prisonabout passing for some other loan product. It could
time for their sins.impact your walk around freedom. A negative loan
The other borrowers who were just trying to get aexperience will certainly impact a borrower's credit and
loan to pay off debts and a few months down thehelp precipitate a long and painful recovery from this
road after the new mortgage was in place were notcredit blemish resulting from a foreclosure. Find another
able to make their payments. A Notice of Default ismortgage product to achieve your financial goals.