A Price Too High - Unreal
Deals
Protect your truck with Rhino Linings
New homes appraised too high,
sold to those who can least afford it, are
driving the high rate of mortgage foreclosures in Monroe
County.
Unreal
deals
By
MATT
BIRKBECK
Pocono Record
Writer
mbirkbeck@poconorecord.com
Hugh Robinson may lose his home to foreclosure. The sales
tactics of builder Keystone Development Co., plus an inflated
appraisal, caused him to spend more than twice what the home
is worth, Robinson says.
David Kidwell/Pocono Record
Hugh
Robinson knew the end was near.
Robinson
had lost his job as a truck mechanic and decided to sell
his home
in A Pocono Country Place, Coolbaugh Township.
When he
called in a local real estate agent, he received the shock
of his
life: His four-bedroom colonial home was worth $80,000 on the
resale
market, only 44 percent of the $183,750 he paid for the new
home just
a year before.
Unable to
make his $1,624-a-month mortgage payment and realizing
selling
his home wouldn't pay off his $147,000 mortgage, Robinson
had few
choices, one of which was foreclosure.
"I'm
going to lose everything," said Robinson, shaking his head.
"How
could this happen to me?"That's the question hundreds of other
homeowners ask themselves each year in Monroe County. The number of
real
estate foreclosures handled by Monroe County Sheriff's Office
has risen
dramatically, from 120 in 1990 to 569 in 1999.
Some
homeowners arrive on the road to foreclosure following the loss
of a job,
divorce or other personal misfortune.
In Monroe
County there's another way to get on that path: Buying a
new home
at a price far above its actual market value.
More than
it's worth
A
disturbing pattern of home sales by several local home builders
and
mortgage brokers using inflated appraisals was revealed in
Pocono
Record interviews with federal and state banking officials,
law
enforcement, local real estate agents, builders, appraisers and
homebuyers, along with documents obtained from Monroe County
Courthouse and from state officials in Harrisburg.
Robinson
was among those doomed from the beginning, the victim of an
exploitative operation that persuades people to buy a home they
can't
afford at a price far above what later emerges as its real
market
value.
Appraisals establishing an unrealistically high value for the home
are the
key to the scheme.
A bank
extends a mortgage loan based on a home's appraisal. If the
prospective homebuyer doesn't have enough income to support the big
mortgage,
sometimes phantom secondary financing is set up to
convince
a bank that the customer can carry the load.
Many
starry-eyed home buyers find out the hard way that their dream
home is
not worth even half what they paid for it after being wooed
by
high-pressure sales pitches.
The
homeowner has no possibility of recouping his investment or
paying
off the mortgage in total. In many cases the only choice is
to walk
away, with the sheriff taking over the property, selling it
at
auction for whatever price someone will pay, and the creditors
taking
the money.
"There
are local companies that are fishing around the waters of New
York and
New Jersey, marketing to minorities and promising them the
moon,"
said Thomas Buneo, a Bushkill appraiser and member of the
National
Association of Independent Appraisers. "But they overcharge
them for
the house and the land and the closing costs. I see a lot
of people
in danger of losing their homes."
Two local
home builders, Keystone Development Company of Tobyhanna
and
Raintree Homes of Tannersville, have routinely relied on
inflated
appraisals to sell their new homes at much more than their
actual
market value, according to local realtors.
And at
least one local mortgage broker, Northeast Mortgage of
Stroudsburg, has closed loans using inflated appraisals, say
prosecutors with the Pennsylvania Bureau of Professional and
Occupational Affairs.
Keystone
Development Company clients are also being approved for
high-interest loans thanks to mortgage applications containing false
information, such as non-existent secondary financing, closing
documents
show.
Raintree Homes president Gene Percudani declined to speak with the
Pocono
Record, but through his attorney, Randall Porte, denied using
inflated
appraisals.
Tom
Senofonte, president of Keystone Development Company, also
denied
using inflated appraisals or illegal financing.
County-wide impact
The
ballooning number of foreclosures affects all of Monroe County,
as home
values decline and entire neighborhoods become depressed and
unsightly.
School
districts already overburdened by 45 percent population
growth in
the last 10 years find themselves dealing with the
children
of financially beleaguered families.
"People
are being put in highly stressful family situations where
they are
having trouble paying the bills, and these family stresses
spill
over into the school in the form of academic difficulties and
discipline concerns," says David Pollack, president of the Pocono
Mountain
School District board of directors. "Those stresses lead to
stresses
in the school district, which require support services
which are
extremely expensive. This is a major problem."
Local
banks have been forced to tighten their lending, making it
harder
for buyers and local mortgage brokers to close legitimate
loans.
Private mortgage insurance companies have been reluctant to
insure
loans in Monroe County.
"Foreclosure impacts everyone," says Robert Howes, vice president of
lending
services for East Stroudsburg Savings Association. "And it
affects
overall real estate market values and makes mortgage
insurance
companies more leery about lending in areas that are
seemingly
soft markets."
Recurring
story in PCP
That is
especially true in A Pocono Country Place, a 3,800-home
private
development in Coolbaugh Township where both Keystone and
Raintree
build many of their homes.
"The
prices are depressed in PCP because there's a constant stream
of
foreclosures," says Tom Wilkins of Wilkins Real Estate. "And a
homeowner
can't sell because they're competing with those
foreclosures."
There
were 120 foreclosures in Coolbaugh Township last year,
according
to Monroe County Register of Deeds Office, and most of
those
were in PCP. While the Pocono Association of Realtors puts the
median
Monroe County home price at $113,499, the high number of
foreclosures in PCP has dropped the median home price in Coolbaugh
Township
to $66,019.
Yet the
price of 35 Keystone Development homes sold in and around
PCP in
1999 ranged from $140,000 to $230,000, Monroe County Assessor
records
show.
"We
are doing nothing illegal," said Tom Senofonte, Keystone's
president. "If you want to buy a brand-new home with amenities,
that's
what it costs. It's not my fault that the resale market is
bad. The
only way I contribute to it is if I sell a house and they
stop
paying on their house."
Keystone
customers showed the Pocono Record copies of their
appraisals as well as settlement sheets showing that Keystone
Development provided non-existent second mortgages, or "phantom
financing," for them because they didn't have enough money for the
required
down payment.
Legitimate secondary financing assures the lender that the client
has
enough cash to qualify for the loan. Such secondary loans are
almost
always recorded with the county's deed office, banking
officials
say, to protect the lender.
But with
illegal phantom financing, the secondary loan exists only
on paper,
so that the buyer can qualify for a loan. It is not
recorded
and never collected.
Since
there is no requirement to record second loans at closing, a
phantom
loan simply vanishes.
Appraisal
complaints
Despite
the record number of foreclosures in Monroe County, law
enforcement has shown little inclination to curb local real estate
fraud,
with the exception of one case in progress.
Last
summer the state Bureau of Professional and Occupational
Affairs
filed a 136-count civil complaint against appraiser Dominick
Stranieri
of Stroudsburg, claiming he submitted three inflated
appraisals to Northeast Mortgage. The complaint cited appraisals in
Stroud
Township and East Stroudsburg in 1997 and in Chestnuthill
Township
in 1998.
Stranieri denied the charges through his attorney, J.B. Dilsheimer
of
Philadelphia.
The fact
that some home builders and mortgage brokers use inflated
appraisals is common knowledge in the local real estate community,
but it is
treated like a dirty little secret.
"This is
like a fire racing on," says Vicki Gainer, owner of Phyllis
Rubin/
Coldwell Banker and president of Pocono Association of
Realtors.
"We'd like to think that maybe the whole industry has
their
eyes open and won't tolerate it, but we are aware that things
go on in
the marketplace."
Local
builders and real estate professionals say they abhor the use
of
illegal means to sell a home and lament the poor image it places
on the
local real estate industry. They say there is nothing they
can do
about it, though, and that it is up to law enforcement to
stop
illegal practices.
While the
case against Stranieri has provided some hope that law
enforcement is taking notice of Monroe County's foreclosure problem,
at least
one local legislator says it is not enough.
"This is
absolutely one of the worst things going on in the
Poconos,"
said state Rep. Kelly Lewis, R-189. "It's ruining the
financial
futures of too many people."
Lewis is
gathering documentation of home sales dependent on inflated
appraisals and says he will present his evidence to the state
Attorney
General's Office and the Federal Bureau of Investigation.
While
Lewis collects information, others question why the Monroe
County
district attorney and the state attorney general have failed
to take
action to date.
"I don't
understand why the attorney general doesn't investigate,"
said Joe
Fisher, a Cresco appraiser who reviews appraisers for the
state and
for many lending institutions. "Any appraiser that does
this is
setting up people for foreclosure."
Monroe
County District Attorney Mark Pazuhanich says his office is
ill-equipped to handle real estate prosecutions.
"Over the
past five years we've seen some information about highly
inflated
appraisals designed to make these deals run," said
Pazuhanich.
"It
sounds like something we should be aware of, and there certainly
is no
impediment to dealing with it locally. But our office would be
in a very
difficult position with that large of an investigation, so
we'd
probably refer it to the state attorney general."
Pazuhanich said his office received information concerning inflated
appraisals three years ago, and the information was passed on
informally to the office of state Attorney General Mike Fisher.
Sean
Connolly, a spokesman for Fisher, said a formal referral is
required
for the attorney general's office to get involved. Connolly
added
that real estate prosecutions in Pennsylvania are first
handled
either by the department of state, the state Bureau of
Professional and Occupational Affairs, or sent back to the local
district
attorney.
While civil charges may be filed by BPOA, few cases end up with the
attorney
general. Criminal complaints are rarely seen, if ever.
Without
pressure from law enforcement, say local real estate
professionals, it's business as usual for home builders, mortgage
brokers
and appraisers who take part in selling homes priced far
above
their real value to people who can't afford it.
"The real
crime here is these guys are literally stealing from
innocent
people," said Robert Hay, the real estate agent who
delivered
the grim news to Hugh Robinson that his home was worth
less than
half what he paid.
For
Robinson, it's a nightmare without end.
The day
after company president Tom Senofonte was interviewed by the
Pocono
Record, Robinson received several phone calls from Keystone.
"They
said I spoke with the newspaper and demanded that I come in
for a
meeting with them. They said they had to talk to me," said
Robinson.
"They ignored me all year, and now they want to meet with
me. I
don't want anything to do with them. They are crooks."
Unreal
Deals
Bloated appraisals key to
fraud
"I'm
going to lose
everything"
Customers, experts describe seller's bait that slips away from
trusting
home
buyers
Keystone Development Co. lures families by urging them to escape
urban
violence
Pocono Builders Assoc. members: Video paints industry in a bad
light
Blind to
Justice
Saving on attorney could cost you
Fraud
series elicits stories of heartbreak
Appraiser urges action on predatory practices
New
York bill would outlaw predatory lending practices
Boscola seeks protection for home-buyers
For
The Record...
PCP
group gathers data
FBI
joins real estate investigation
Appraiser settles with state on price inflation charges
Chamber to review builders
FBI
launches investigation of home fraud complaints
Chase
alerted in '99 to steep PCP prices
Lawmakers, AG discuss fraud probe
30
people protest at Raintree Homes, Inc.
600
angry home buyers meet about suit against builders, appraisers,
lenders
Lawyers say they'll need help
Developer, mortgage broker sue newspaper
Newspaper: Lawsuit has no merit
Judge
dismisses defamation suit against Record
Class-action suit alleges real estate fraud
Percudani sues Rep. Lewis
Builders to protest news coverage they blame for hurting business
200
protest 'bad press' in building trade
Freddie Mac warns of Poconos loans
If
this has happened to
you
If you
feel you've purchased a home or obtained a mortgage because
of an
inflated appraisal, or if you feel you've been the victim of
predatory
lending practices, you can reach out to various law
enforcement and governmental agencies.
Mark
Pazuhanich, Monroe County District Attorney, Stroudsburg. (570)
420-3470
Mike
Fisher, Pennsylvania Attorney General, Harrisburg (717)
787-3391
Mike
Butler, Pennsylvania Attorney General's Office of Consumer
Protection,
Allentown (610) 821-6690
Peter
Kovach, investigator, Pennsylvania Bureau of Professional and
Occupational Affairs, Harrisburg (717) 783-7200
U.S.
Department of Housing and Urban Development Fraud Hotline,
Philadelphia (800) 347-3735
State
Rep. Kelly Lewis,
R-189
(570)
420-2948
Represents Paradise, Pocono, Jackson, Hamilton, Stroud, Smithfield
and
Middle Smithfield townships, and boroughs of Stroudsburg, East
Stroudsburg, Delaware Water Gap and Mount Pocono.
State
Rep. Tom Tigue,
D-111
(800)
894-0960.
Represents Coolbaugh, Tobyhanna, Price, Barrett and Tunkhannock
townships.
State
Sen. Lisa Boscola,
(D-18)
(570)
420-2938.
Serves Eldred, Hamilton, Polk, Ross and Smithfield townships and
boroughs
of Delaware Water Gap, East Stroudsburg and Stroudsburg.
Minority
chair of the Senate Committee on Consumer Protection and
Professional Licensure, which oversees Real Estate professionals.