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N.Y. Attorney General: Leading Bank Profits at Homeowners' Expense

November 01, 2007 11:00 AM

Nyattorneyag_mn_2 New York State Attorney General Andrew Cuomo's office charged today in a civil lawsuit that the nation's largest mortgage and property services corporation, its home appraisal subsidiary and the nation's largest savings and loan giant conspired to inflate the value of home appraisals, earning higher profits for the bank but leaving homeowners holding potentially risky debt loads.

And the attorney general says his office has the e-mails to prove it.

According to civil court papers filed in New York City, at least 50 e-mails between executives from the mortgage and property services conglomerate, First American Corporation, its wholly owned subsidiary, eAppraiseIT, and Washington Mutual document a "raise the value" scheme.

According to the attorney general's office, the scheme was hatched in an effort to satisfy the demands of savings and loan giant Washington Mutual that would in turn allow IT to write an increased amount of loans for more money.

"The independence of the appraiser is essential to maintaining the integrity of the mortgage industry. First American and eAppraiseIT violated that independence when Washington Mutual strong-armed them into a system designed to rip off homeowners and investors alike," said Cuomo in a statement. 

While profitable for Washington Mutual, the loans, especially in a declining housing market, put consumers at risk of being "upside down" on their home loans, the AG's office said. In that situation, should they attempt to sell or refinance their property, they might owe more in loans than the property is actually worth.

"The blatant actions of First American and eAppraiseIT have contributed to the growing foreclosure crisis and turmoil in the housing market. By allowing Washington Mutual to hand-pick appraisers who inflated values, First American helped set the current mortgage crisis in motion," Cuomo said.

To carry out the scheme, Washington Mutual allegedly asked that eAppraiseIT -- which performs about 50,000 appraisals a month nationally -- to use a "preferred list" of independent appraisers rather than appraisers from its own staff of more than 12,500 who, according to the court papers, were not bringing in the property values that Washington Mutual was seeking.

For eAppraiseIT, the alleged directive was a bitter pill. Not only was it potentially illegal, but it also reduced profitability on each appraisal as a result of higher fees to the outside appraisers, according to e-mails in the court papers.

"We've agreed to roll over and just do it," wrote Anthony Merlo, the president of eAppraiseIT, in an e-mail to First American Corporation on Feb. 22, 2007. "In short, we will now assign all Wamu's (Washington Mutual's) work to Wamu's 'Proven Appraisers' (bypassing our Staff and Elites, including the ones we hired from Wamu)..."

He sent a follow up e-mail on April 17 noting that he viewed the practice "as a violation" of rules and regulations issued by the Federal Deposit Insurance Corporation (FDIC), the Uniform Standards of Professional Appraisal Practice (USPAP), the Office of Thrift Supervision (OTS) and the Office of the Comptroller of the Currency (OCC).

"In short, the issues are using their designated appraisers as mandated by the Wamu production force...and bypassing our panel. We view this as a violation of the OCC, OTS, FDIC and USPAP influencing regulation," Merlo wrote.

Read the e-mail excerpts released by the AG's office.

Still the stakes were high, and the practice allegedly continued.

"This is conduct that is going on today," Eric Corngold, executive deputy attorney general for Economic Justice, told ABC News.

In exchange for caving in to pressure from Washington Mutual, the conglomerate First American hoped to win new business for its Title and Flood insurance practices, Corngold said.

"[The President of WaMu Mortgage] said that if the appraisal issues are resolved and things are working well he would welcome conversations about expanding our relationship including tax and flood," the vice chairman of First American wrote to executives at First American and eAppraiseIT on Sept. 27, 2006.

First American's title insurance and services company is the largest in the U.S. And it is but one of several market-leading companies in the First American family. Others include Specialty Insurance, Mortgage Information, Property Information and Risk Mitigation and Business Solutions.

In May, Cuomo issued a subpoena to eAppraiseIT seeking information about appraisals performed throughout New York where it performs about 15,000 appraisals a year, according to Bloomberg News.

"It's a very good thing, what the attorney general is doing," Merlo said in an account published at the time. Cuomo's office was focused on "who's exerting the pressure" on appraisers, he said.

First American issued the following statement in response to the lawsuit: "The complaint filed today by the New York Attorney General against First American and our eAppraiseIT subsidiary has no foundation in fact or law. We are dismayed by any impact these specious allegations may have on our company, on our many employees and on our valued customer, Washington Mutual. The Attorney General's allegations, largely based on a handful of e-mails that have been taken out of context, or mischaracterized, and an incomplete review of the facts, belie our record of compliance with applicable law. The program called into question today by the Attorney General has been vetted and approved by the federal regulator responsible for oversight of such programs. We welcome the opportunity to now present all the facts before an impartial third party. In that presentation, we will demonstrate the appropriateness of our appraisal practices in the state of New York and we will vigorously defend the reputation of Washington Mutual and the reputation we have labored more than 100 years to build."

Anna Rojas, the assistant to Anthony Merlo, the president of eAppraiseIT, told ABC News, that although Merlo had in the past spoken to the press, at this point all calls had to go through their media office.

Washington Mutual, although strongly implicated by Cuomo in his remarks and legal papers, is not a party to the civil suit. The attorney general does not have the authority to file suit against a federally chartered bank, the attorney general's office said.

When it learned of the lawsuit by New York's attorney general, Washington Mutual said in a statement issued by Libby Hutchinson, senior vice president and public relations manager, "We are surprised and disappointed by the allegations in the complaint related to eAppraiseIT. We are suspending our relationship with eAppraiseIT until we can further investigate the situation. We have absolutely no incentive to have appraisers inflate home values. In fact, inflated appraisals are contrary to our interests. We use third-party appraisal companies to make sure that appraisals are objective and accurate."

News of the fresh woes for lenders and the lending industry comes just hours after a report shows that housing loan foreclosures have doubled.

According to RealtyTrac, the number of homes that received a foreclosure notice doubled from July to September of 2007 compared to the same period a year earlier. The online foreclosure database company reports this morning that 635,159 foreclosure filings were served on 446,726 actual properties during those three months when the mortgage meltdown really kicked off. 

For the same period last year, 223,363 homes received a foreclosure notice.

This post has been updated.

Do you have a tip for Brian Ross and the Investigative Team?

November 1, 2007 | Permalink | User Comments (46)

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we gotta crack down on the crooked banks.
These should be criminal violations w/ serious jail time. I see this as worse than being mugged on the street.

Posted by: Dave | Nov 1, 2007 11:44:17 AM

The online foreclosure database company reports this morning that 635,159 foreclosure filings were served on 446,726 actual properties during those three months when the mortgage meltdown really kicked off.

For the same period last year, 223,363 homes received a foreclosure notice.

Wait, 223,363 * 2 = 446,726. The number of homes is exactly double? Is there a link to that RealtyTrac info?

Posted by: Kuz | Nov 1, 2007 12:02:57 PM

What is going on in our country! Its all about greed anymore and money..money..money. The american people are getting screwed every day by big business. When is this going to stop. Its time the american people open their eyes to what is happening in America! The rich are getting richer and the middle class is shrinking to the point where you will have two classes of people AND this is what the republicans want, the rich and the poor!This is not the country I grew up in this is a disgrace to America!

Posted by: Mary Miculita | Nov 1, 2007 12:08:46 PM

Relax....the economy is booming !! [sarcasm]

Posted by: Doug | Nov 1, 2007 12:32:45 PM

This story does NOT surprise me. I worked as a senior credit risk officer at Washington Mutual from 2003--2006. I turned in a negative audit report on a sub-prime lender the Bank was financing, and wes fired for doing so.

Posted by: Dale George | Nov 1, 2007 1:00:41 PM

So much for the the govt watchdog agency that watch over banks or is it the Federal Reserve's responsibility. This administration is willing to overlook anything that the powerful banks do. So what if it makes some people poorer. Somebody is asleep at the helm - but nothing new since Bush's cabinet are all asleep when it comes to helping Americans. Lots of tumbleweed rollin down Main Street these days.

Posted by: Bob | Nov 1, 2007 1:05:10 PM

I used to work for a tiny division of First American -- one that creates mortgage processing IT for lenders. When we considered going after WaMU's business, our CEO warned us away from it because, "They'll ask you to promise them stuff that's borderline illegal." I guess he was right, except for the "borderline" part!

Posted by: Zac | Nov 1, 2007 1:26:33 PM

I am also so sick and tired of big business sucking the middle class and the poor dry. To get an actual person on the phone to tell you your bank balance (First Convenience of Texas), costs you $3. To pay your wireless AT&T bill at a facility not having a kiosk, the charge (to pay your bill mind you) costs $4 extra. If you pay your electric or water bill a day late (mind you, not at the point of disconnection) costs and EXTRA $5. When is all this going to end? This is rediculous! Everytime I turn around, some fat cat has his hand clamped around my wallet. At the same time, these two faced, lying Republicans allow industry after industry screw us while asking us to spend our disposable income on luxuries to keep the economy going. It makes me want to seek the office of the presidency to help put an end to all this madness. We citizens need to step up and make it fair for all of us who have to work everyday just to keep the lights on. Oh don't forget the toll money you need to get to that job. That's also going up!

Posted by: kevin | Nov 1, 2007 1:31:33 PM

Nice - my house was one of those that got hit with foreclosure. I spent my time going to court to fight it - especially because WaMu went against the arrangement we made so I could keep my house. I ended up having to sell it. And to make it even worse - even tho I sold my house and paid off the load IN FULL - it is now on my credit record where it will stay for 10 years - continuing to cost me $ due to hurting my credit rating. Thanks - thanks alot! So what is the Govt going to do about it?

Posted by: Teri | Nov 1, 2007 1:32:31 PM

Good catch Dave, it really seems odd that the number of foreclosures is double what is was a year ago. Not close to being double, but double to the last digit. I would like to see a link on that too.

Posted by: ragebot | Nov 1, 2007 1:38:08 PM

I see a lot of comments about the Republicans but in one of the recent articles concerning this, it was mentioned that the "sleep at the helm" was mostly during Clintons reign.

Posted by: David | Nov 1, 2007 2:21:46 PM

What is the payoff of these lenders to actually foreclose on a customer? They get the house back - to auction at lesser value than the loan - the comple satisfaction of ruining a family's morale and credit - WHAT is the dollar incentive for them? Just because a loan CAN readjust, does not mean it MUST adjust higher. My lender won't even speak to me until I miss 2 payments; I have missed none so I can't arrange to keep from heading into this mess before it happenes. Greedy and stupid on thier part and totally demoralizing and crushing fur us, the concumer.

Posted by: Coleen McCann | Nov 1, 2007 2:24:33 PM

I applaud Cuomo. However he has a lot more work to do. This type of fraud was not unique to subprime mortgages. They did it on all mortgages when the needed a higher valuation on the subject propety.

I do not blame the appraisers. They are just a cog in the wheel. Andrew Cuomo needs to clean up the entire mortgage industry and mortgage process. It is riddled with fraud.

Posted by: Mike | Nov 1, 2007 2:25:08 PM

When it comes to all the many foreclosures going on in this country, why is it that everyone is talking just about the corrupt banks and loan companies? It seems that no one is addressing the real issue. Aren't the people who bought the homes responsible for making poor decisions as well? Why did they borrow more money than what they could afford? Did they take their time to do a good market comparison to find out that the homes they were buying were overpriced for the area? Could it be that these buyers were greedy too, and possibly coveting what their friends or relatives have? Were the lenders standing there twisting their arms forcing them to borrow that much money? Maybe they should have saved up for a larger downpayment first, and chose less expensive & smaller homes? Then they wouldn't be "upside down" in their mortgages. Does anyone ever guarantee that the stock market will never drop? Why would home buyers assume that the real estate market is immune to such a decline? I don't work for any bank or loan company, but common sense tells me the buyers need to be more responsible for their bad decision making as well! Let's quit acting like all the "poor" homebuyers are the victims and are so innocent! This is not an excuse for the corrupt lending institution's procedures, but a truthful analysis of the overwhelming problem in our country.

Posted by: Sherry | Nov 1, 2007 2:46:24 PM

WAMU vs USBank, they both are sucking a lot of money out of Americans earmings.

We left U.S. Bank partly because of exhorbant fees on a personal checking account. We cancelled a U.S. Bank Visa with average monthly charges over a thousand a month of which their take is three percent, that is a very big amount of money going to banks for using their plastic, its in the billions. We canceled two US Bank business accounts and had to park a sum of money somewhere else from a sale of investment properties. We went to a daily account from a brokerage, so far that was a veryn good decision.

The final straw with USBank was when they refused to deposit a third party check into a rental account from a tenent.

USBank lost quite a bit of business because of the change in third party check policy. I tell every one I can.

WAMU claimed they would take third party checks from tenents. They did not. We went to a bank with all those accounts that toes take third party checks, this without the screw the customer fees and stupid rules.

Posted by: tars | Nov 1, 2007 2:58:22 PM

I have one of those WAMU mortgages - and this thing surprised me - thankfully I can still afford my mortgage and home equity line loan, but I think I better sell the house before it gets worse. I feel sorry for those people who have had their equity inflated to the point that they can't pay back the loans. The Republicans "tickle down" theory doesn't work - Big Business will not take care of the little guy they just rape those that can least afford to pay. Bush will have to be out of office before things get any better for the middle class.

Posted by: Sharon Hamm | Nov 1, 2007 3:05:57 PM

Never knew a Bank that didn't try and screw their customers everytime the got a chance. Thirty dollars for a bounced check fee, outrageous, even if you are 10 cents short! But they take their fee out first.

Posted by: concordcan | Nov 1, 2007 3:07:29 PM

Your house got hit with foreclosure? Like a giant foreclosure storm occured and due to bad luck your house got wacked? Houses do not get foreclosed. People get foreclosed. Obviously something happened to your ability to pay monthly. I'm assuming your mortgage reset at a higher interest rate. Now about interest rates. We just came off of a period of record low mortgage rates. I refinanced awhile back at 4.5% fixed. Why in the name of all that's holy would a person get an adjustable rate mortgage? Could it be they were trying to get the absolute highest mortgage on the absolute biggest, most expensive home they could swing? And then possibly set back and watch it appreciate and flip it for a windfall? Your home is not a poker table at Vegas. Successful people hedge their liabilities and do not take them to the limit. OK so you took this adjustable rate mortgage and do not feel the bank has a moral right to raise the interest rate. Where do you think the teaser rate comes from? Why would anyone loan at less that the standard interest rate? You should expect that it will be made up during the higher rate. So your credit is ruined. Duck your head down and push forward and you'll recover. As to what will the government do about it? Just what the H3LL do you expect the government to do about it? I'm assuming you're old enough to enter into a contract and able to read. I'd respect you much more if you just ran around yelling Help me, Help me, I'm stupid. Put on your big girl panties and act like an adult.

Posted by: flhtcui1903 | Nov 1, 2007 3:40:02 PM

It is always about money, it will always be about money...

Until...

"The Grapes Of Wrath" comes around again...

Then let's see who's left standing

Posted by: ToungeTyed | Nov 1, 2007 3:43:13 PM

I said this very same thing over a year ago. That homes were being appraised at inflated values. That buying a home today is like buying a new car. The moment you sign your name on the dotted line and drive the car off the lot, the car has already depreciated in value.

Posted by: told_u_so | Nov 1, 2007 3:44:01 PM

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