When Denver real estate attorney Ronald
Thompson contacts the Colorado attorney general's office about mortgage
fraud or real estate scams, he knows his chances of getting help are
slim to none.
"It is not the sort of thing where you can wait weeks or
keep calling back to get somebody's attention," said Thompson, who has
represented clients in real estate fraud cases. "Things are happening.
Foreclosures are proceeding. Evictions are going on."
Thompson said he almost always ends up passing the
message along to clients that he gets from law enforcement - the case
isn't big enough.
Real estate attorney Robert Goodbinder agrees that law
enforcement offers little help to people ripped off in real estate
transactions and that consumers must protect themselves.
"My experience in referring people to law enforcement
agencies is that it is a waste of time," he said. "A lot of this is
very sophisticated and fast moving, and it is hard for the attorney
general's office to keep up with it."
For the past four years, Colorado has ranked among the
worst 10 states for mortgage fraud, according to the Mortgage Asset
Research Institute.
That ranking reflected in part the state's
once-unregulated mortgage brokerage industry, something that state
Attorney General John Suthers and his consumer protection deputy Jan
Zavislan have sought to address.
Suthers was early in convening a task force to tackle
foreclosure issues. He also has worked to push through legislation to
set practice standards for mortgage brokers and stiffen penalties for
appraisal fraud, winning applause from those fighting foreclosures.
"John Suthers and Jan Zavislan at the AG's office are
doing a great job combating mortgage fraud and foreclosure fraud," said
Zach Urban, a housing counselor in Denver who oversees the state's
foreclosure hotline.
Until recently, the legal framework didn't exist in
Colorado to rein in rogue mortgage brokers, said Nate Strauch,
spokesman for the attorney general's office.
"Most of the statutes we passed regarding mortgage lending are in their infancy," he said. "It is far too early to judge."
The
consumer protection unit operates with limited resources. Five
attorneys work on a wide range of consumer issues, although the
legislature provided funding for another attorney and two staff persons
to focus on real estate fraud starting in July.
"It is not realistic to prosecute every single case. We
look for patterns of complaints and we look for the worst offenders,"
Strauch said.
The consumer protection unit has 20 active
investigations related to mortgages and real estate, but building
strong cases that can stand up in court takes time, Strauch said.
Some attorneys argue that misplaced law enforcement
priorities, not just weak laws, have exacerbated the state's high rate
of real estate fraud.
Existing consumer protection laws give the attorney
general the power to take on mortgage brokers who advertised home loans
with low interest rates that quickly got jacked up in a classic
bait-and-switch scheme, said Denver real estate attorney John Head.
The attorney general's office subpoenaed 14 lenders and
investigated four, but almost a year later it still hasn't filed any
civil lawsuits under the Colorado Consumer Protection Act.
Meanwhile, a contracting credit market has most likely
killed off many of the questionable players, but not before they placed
thousands of borrowers in loans they can't afford, Head said.
"The market caused the lenders to collapse," Head said. "It wasn't anything the attorney general was doing."
Given
the severity of the metro area's foreclosure problem and the huge
economic losses it is generating, the more egregious perpetrators of
fraud need to be punished, Thompson argues.
"The way to take care of all of this mortgage fraud is
to prosecute people," Thompson said. "Put a couple of them in jail, not
just slap them with fines. Let the other mortgage brokers know they
will go to jail."
Georgia, which consistently ranked first among states
for mortgage fraud, passed strict laws and backed them up with long
prison sentences, said Merle Sharick, a spokesman with the Reston,
Va.-based Mortgage Asset Research Institute.
Georgia's attorney general has said he wants people
involved in mortgage fraud "to have the same fear as a drug dealer has
that they will get caught," Sharick said.
Georgia last year moved down to fourth among states for mortgage fraud.
In other states, sting operations now arrest rogue players at the closing table, taking them out of action.
And
in a sign of how seriously the Los Angeles Police Department takes the
problem, it has 100 officers dedicated to real estate fraud, Sharick
said.
The one formula that has seemed to work in combating mortgage fraud involves three prongs, he said.
"Regulation with law enforcement with prosecution," he said.
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