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2006 USPAP 
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  Mortgage Fraud News

 

Mortgage lender rules gather some support

<>By JEFF TUCKER
THE PUEBLO CHIEFTAIN
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Local reaction to the Colorado Association of Mortgage Brokers' proposal to regulate the mortgage industry is generally positive.
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This week, the mortgage brokers submitted a proposal to the state Department of Regulatory Agencies that would require brokers to register with the state, submit to background checks and pay a $100,000 surety bond, all in an effort to curb mortgage fraud.
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The Pueblo Association of Realtors backs the mortgage brokers' measure, saying the statewide Realtors association has been pushing for some kind of regulation for years.
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"Most mortgage brokers are really good and really responsible," said Jim Hadley, president of the Pueblo Realtors association.
  <>However, "Some tend to charge more than they should and others promise buyers to get the job done but never do," Hadley said. <> 

Hadley said regulation could help weed out unscrupulous brokers and others who may not be cut out for the business. "We've just seen a flurry of new people get into the business," Hadley said.
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The proposal will likely go before the state Legislature in January.
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Judy Folda, co-owner of Premiere Mortgage in Pueblo, said she hadn't reviewed the specific proposal, but she thinks some form of regulation is probably good for the industry.
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"Generally, I don't usually look for more government oversight, but in this case I think it's due," Folda said.
  <>Fonda pointed out that Colorado is one of just two states that don't have some type of regulatory oversight for the mortgage business.  <>"I think it will help," Folda said. "Obviously, people who get licensed can't just open up a shop." <> 

However, the $100,000 bond, if applied to every individual mortgage broker, may be too steep, Folda said. Others in the real estate industry applauded the move.
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Ivor Hill, a real estate appraiser, said the proposal goes further than he anticipated and is a good start to curbing what he sees as widespread mortgage fraud in Colorado, including Southeastern Colorado.
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Hill is organizing a conference on mortgage fraud expected to draw at least 300 people and as many as 500 from throughout the country to the Union Depot next month.
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"(The proposal) goes long way to solving some of these problems and I think it's a good step forward," Hill said.
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In the proposal, the Colorado Association of Mortgage Brokers lists 18 different cases of fraud in Colorado - including two cases in Pueblo County and one in Crowley County - as evidence for the need for some kind of regulation.
  <>The association admits that many frauds require the cooperation of others in the transaction, but in nearly every case a mortgage broker is involved. <> 

Hill said he isn't naive enough to believe that regulation of the industry will solve all of the problems, but believes it's a good first step.
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"The very fact that they are calling for registration is encouraging and now they've got the backing of the Colorado Association of Mortgage Brokers," Hill said. "I think it's a very, very good sign and a case where people are saying 'enough is enough' and are doing something about it."
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The Colorado Association of Mortgage Brokers submitted a plan last week to regulate the industry in Colorado, one of just two states with no such requirements on the books.
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The association made the case for regulation based on a variety of different scams that occur here as well as in just about every other state in the Union.
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The association believes that regulation may curb some of the frauds occurring in the state and possibly save consumers, lenders and others in real estate hundreds of thousands of dollars - if not millions - every year.
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The association lists five different scams in its proposal to the state.
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Ivor Hill, a local real estate appraiser who has helped in the investigation of many mortgage scams in the state, said just about every one of them has occurred in Southeastern Colorado.
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The association has said that many scams depend on others involved in the process, but in almost every case a mortgage broker is also involved.
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Brokers are basically intermediaries between a lender and a borrower, and in most cases the loan brokered is a home loan, arguably the most important investment any one person can make.
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The association has proposed that mortgage brokers register with the state, submit themselves to background and criminal checks and put up a $100,000 surety bond.
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