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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 (47)

User Comments

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Come on now it's not like WAMU forced people to buy houses for more than market value they simply provided the loans for stupid people that wanted to pay to much for a house. The buyers of these houses were and are just as greedy as any bank and now both are being punished in the marketpplace, as they should.

The real fraud here is the selling of these knowingly bad loans to investors...

Posted by: James | Nov 1, 2007 3:48:25 PM

Contrary to Colleen - I do blame the appraisers and I have been one for over 20 years. WAMU would not assign me any business because I would not "push" their values ... too many appraisers are corupt and greedy just like banks, mortgage brokers, and, the buyers themselves as appropriately noted by Mike.

Posted by: Carol Wolfe | Nov 1, 2007 4:09:47 PM

I bought a house before the crash - and now am stuck with an over valued house with a bunch of foreclosures hanging around keeping house rates low. The home inspector didnt find many things that we are now dealing with and should be held accountable - as well as these other companies. Likely I will lose money - the banks will keep the money they made and the government will slap them on the wrist - and the machine will continue to take it out on hard working Americans

Posted by: TIM | Nov 1, 2007 4:20:08 PM

It seems like America has become a nation of greed. There is nothing wrong with gaining wealth but how about accomplishing it by doing something useful. Sitting on your butts while your house appreciates to unsustainable levels and then crying and blaming others when reality sets shouldn't garner any sympathy from anyone.

Posted by: steveRB | Nov 1, 2007 5:16:43 PM

Congress could do more on this but they seem to be too busy in planning their four day work week next year and the fifth workday partying with Lobbists from the Banking Industry. Everyone should know that if they vote in an incumbent chances are that person has some Lobbists they are affiliated with. Many promises are made by these Politicians behind the publics back.

Posted by: Bullwinkle | Nov 1, 2007 5:18:43 PM

If you have a WAMU mortgage from 2005-2007, pull out your appraisal. If you feel it was over-valued contact an attorney. They should be circling about now from this sub-prime fall out. Not reading the small print and being mislead by a fraudulent appraisal that the bank coerced are two different things. STand up and Fight back.

Posted by: Sick of Banks | Nov 1, 2007 5:58:58 PM

Enough with trying to blame this all on Republicans. I've been a real estate appraiser for 17 years, and can tell you that pressure from lenders to inflate values so that they can make their loans goes back way before the current administration. The practice of finding and using only appraisers who will "hit the number" that will allow the loan to close, regardless of actual value is rampant. It's so bad that it's difficult for many honest appraisers to stay in business, because if they fail to "hit the number", they won't get any more business from many mortgage brokers. It's a matter of greed from the mortgage broker/lender side, and a matter of survival for many appraisers who cave in to the pressure in order to keep food on the table.

Posted by: RichardB | Nov 1, 2007 6:27:00 PM

I was a real estate agent for three years and fought to no avail to stop these fraudulent appraisals. Homeowners need to pull out those appraisals and contact an attorney. These appraisers need to be held responsible--they are just as bad as the banks pushing the ARMs! And if you're buying, demand the appraiser not see the price on the purchase agreement. They are there to do an independent appraisal, not hit a number. If they can't do an appraisal without a pre-set number, they shouldn't be doing appraisals in the first place.

Posted by: Danielle | Nov 1, 2007 7:00:00 PM

Some of you people really amaze me! This has nothing to do with Republicians or Democrats! It has to do with GREEDY AMERICANS! YES, GREEDY! Greedy people who don't have proper credit, and the good sense to buy within their budget, go to Greedy WAMU and apply for a loan and get QUALIFIED for an price-inflated house that Greedy e-AppraiseIT pumped up in value, and Greedy First American Title gets to charge over-inflated prices on title and escrow! It's not about Bush or Clinton it's about Greed Monsters from all sides wanting MORE! Now the truth is coming out about how these Greed Monsters broke the law and caused this real estate mess!

Posted by: ezsmile | Nov 1, 2007 7:20:33 PM

Don't gamble what you can't afford to lose, don't bite off more than you can chew, and do not borrow more then you can pay back. Know the rules of the game before you play, and then expect all parties to follow them.

Posted by: Peter | Nov 1, 2007 10:32:19 PM

To Sherry's comment above that it's all the homebuyers fault, there's one big difference that she overlooks. Overextending themselves was not illegal. What the bank, title company, and appraisal company are alleged to have done probably is illegal.

Posted by: John | Nov 2, 2007 3:26:37 AM

I find it hard to believe that a company doing 50,000 apprsaisals a month would need to cave in to anybody.Washington Mutual forced Anthony Merlo to risk his entire national company to commit bank fraud and he said yes? He has to be very greedy and shouldn't have been in the position to make decisions. I can't even believe his excuse. It is absolutely ridiculous.
I am a loan consultant at Washington Mutual. We have no contact with the appraiser at all. We don't order the appraisal and we don't pick the appraisal company. An opener orders the appraisal. The opener is a person in another state that the loan consultant doesn't have contact with. Why would a clerk in a bank ask an appraisal company to inflate an appraisal. They don't even understand that part of the loan process, the opener would for sure lose their job if they did that.The only person who has immediate contact with the appraiser is the homeowner It would be not in Washington Mutual's best interest to inflate an appriasal. They need to have collateral to lend mortgage money. Inflated colllateral(home appraisals) would hurt Washington Mutual. Prior to working with Washington Mutual I worked in other mortgage banks. I did order my own appraisal. I worked with small appraisal companies. There is no way these small companies would inflate an appraisal.Risk losing there licenses for one loan consultant for one appraisal order. These are companies that maybe do 20 appraisals a month. I found it hard to believe that Anthony Merlo can even say he caved to the pressure of Wamu. I don't believe Wamu ever forced him to do anything. Doesn't he have any morals. What about ethics. He would risk his entire company and everyone who works for him. Inflating an appraisal, is bank fraud. I am very tired of the media and government officials for always trying to blame a big company. Is Andrew Cuomo kidding? Is Chase paying him? Where is the proof. Wamu's statement about this accusation was way too polite. There are bad people in every industry. When a Police Officer takes a bribe do we blacken the entire department? When a priest is accused of molesting a paritioner, does everyone stop going to church. There is a real need for mortgage banks.Don't blacken an entire industry and a large lender like Washington Mutual because eappraiseit decided to do bad appraisals. I personally hated using eappriaseit,if you read the loan consultant blog at Washington mutual you will see how the loan officers felt about eappraisit. We hated using them. I thought Wamu was using them becuase they were cheaper. The appriasals I have gotten from them aren't inflated. The appraisals are sloppy, they use appraisers for areas that don't know the area, they take forever to schedule the appraisal and get them back to us. They are the worst appraisal company ever. I am glad we won't be using them. They do horrible work. I do loans for people that take them out of high rate adjustables, save them 100's of dollars per month and help them keep their homes. What is up with this nonsence.

Posted by: CATHY | Nov 2, 2007 8:16:22 AM

Although most banks will try their best to suck every last dollar out of you, its the middle and lower class who end up paying the most. Don't trust them! But I also bought a house I knew I could afford being a single mom, got with a great mortgage broker, and have no problems. I refinanced when the rates went even lower and am now very happy with my mortgage broker. I actually have payments lower than when I first bought my house. I finance for a lower home rate, I did not include all my bills and being paying those for 30 yrs. It's not a $300,000 home, but it's mine.

People need to think about the consequences before they jump at an unrealistic "deal".

Posted by: Marsha | Nov 2, 2007 8:32:22 AM

Shame on WAMU. But also shame on the government auditors and others in charge of tracking compliacne issues for allowing the appraisal process to continue the way it did. Shame on an industry that allowed a bank doing mortgage loans to own its own appraisal company.

Posted by: Conservative Penny | Nov 2, 2007 9:15:50 AM

This credit crisis has been a long time in the making and there will be no easy fix. Back in the 80's I was selling real estate and even then there was pressure on appraisers/lenders/listing agents to inflate the price of homes. The good ones stood firm, said "no" and lost business to unethical people who would do anything to get the transaction. Also, the criteria for purchasing a home used to be that the payment could not be more than 33.3% of your gross monthly wage, and you needed to have good credit. Now the qualifying factors have changed and even if you don't have good credit, you can still get a loan, just with higher interest.......Now does it make sense that an individual who did not handle money in the first place (at normal interest rates) and acquired a bad credit rating....is now going to magically going to pay their bills on time....with a much higher interest rate??? People should buy what they can afford, but everyone now thinks that because they exist they are entitled to everything they want....instant gratification.

Posted by: Sandy | Nov 2, 2007 12:36:21 PM

There are many good appraisers providing valuation services in a professional manner. It is unfortunate that numerous lenders and mortgage bankers utilize appraisal management companies which do not consider quality of the appraisal report top priority but rather select appraisers by the lowest fee and fastest delivery time.The quality of the appraisal report appears to be inconsequential.

Posted by: Charles L. Drecksler | Nov 2, 2007 1:42:29 PM

When Enron, the power company, price gouged and cost California billions in extra payments for electricity and it came out later that the employees were laughing on tape about burning people...I see the same pattern here and with the oil ocmpanies and with a lot of industries and with the government wasting money and with the War in Iraq: blatant price gouging and no conscience on the part of those doing it. Yes, borrowers oculd be more prudent, but the American public is over a barrel in many cases to take what is offered them. We have a government and a business structure that maximizes personal greed and minimizes personal responsibility. Now we have a Congress that is in league with a corrupt White House and we are getting the shaft coming from every direction: from banks to Blackwater to you name it.

Posted by: JL | Nov 3, 2007 12:47:39 AM

The Government and big coorperations are clearly in bed together the American Citizens are being victimized by fee after fee after fee, bogas inflation,and tax increases with a ton of bologny excuses They don't give a damn about our troops over in Iraq They didn't give a damn about our troops in Vietnam either, And they don't give a damn about the vertrans either! All they care about is Money And the American Citizens are sitting in a warm pot of water getting ready to boil over. I think we need to stand up and do something about it! It's everywhere. For every nine dollars you make in an hour you make your company just think what they make thousands! It's nothing short of slavery, you just get nine bucks instead of slop on a plate which ends up being the same thing and if you make more you just give it right back to them in fees and taxes and instead of being locked up physically your locked up financially and you can't even go out and enjoy yourself cause its to expensive. Maybe we should call for a Strike Nation wide evryone stay at home for a day a week and stage a protest and demand that this crap be stopped! We need another civil rights movement except with peoople of all races from Middle Class down to the homeless or we will all end up homeless slaves Its only going to get worse. I mean my God they now want to make pumpkins to be considered a food so they can add taxes to that! Whats next Water oh yeah they already got that too.The Air we breath? I'm shure their working on that too. And do you really think you own your house or land? You got to pay taxes on that forever and where do you think thats going to? It's going to the big corperations in Iraq who are charging 50 dollars for a six pack of coke and giving diseases to our troops. If we stop working stop buying what ever would they do? We are being held captive by our own greed.

Posted by: disgusted | Nov 3, 2007 10:01:05 AM

CAPITALISM = The rich screw the poor

Posted by: William Baldridge | Nov 3, 2007 7:59:46 PM

Shades of "Atlas Shrugged". Just because you exist does not mean you are ENTITLED to have everything you want. "Big Business does not exist to give you a job....the individual who started that company did so to make money!!! If the company does not make money, why shoud they open their doors??

Posted by: Sandy | Nov 5, 2007 1:40:55 PM

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