Part two of a two-part series. Read part one.
Monday, April 13, 2009 | Todd Lackner thought he had finally found someone he could tell about the bizarre real estate sales he had been tracking.
One night in December, he watched television footage of Rep. Darrell Issa, R-Vista, the ranking Republican on the Oversight and Government Reform Committee, grilling the executives of Fannie Mae and Freddie Mac, giant mortgage companies overseen by the committee.
"That's who I should call -- one of the biggest scams in the nation is happening down the street from his office!" Lackner remembers thinking.For several months, Lackner, a real estate appraiser and mortgage fraud expert, had tracked scores of condo conversion sales in three complexes in Escondido and San Marcos that carried telltale signs of a fishy deal, especially three years into the housing downturn in San Diego County.The prices recorded on the condos were extravagant, some nearly three times the price of comparable units. A handful of the same names appeared to buy several condos each at the same time. Nearly all of the buyers listed a common mailing address: 3206 Baumberg in the Bay Area city of Hayward.
Jim McConville, from a booking photo from the Santa Rita Jail, 1998
CLICK: Map of Westlake Ranch
CLICK: Map of Sommerset Villas
CLICK: Map of Sommerset Woods
(Illustrations by Sarah Johnson)
CLICK: Where the money went (Illustration by Ashley Pingree Lewis)
CLICK: Where in the county is this?
CLICK: Who made the loans (Illustration by Sarah Johnson)
CLICK: How the home prices compared (Illustration by Sarah Johnson)
Craigslist Ad (pdf)
Payments Sent to McConville's Company (pdf)
Hand-Written Letter Greenspan Signed (pdf)
Jim McConville's Letter to the Developers (pdf)
List of Transactions (pdf)
Lackner had suspicions about the loans used to finance the deals and knew they had likely been sold to Fannie Mae or Freddie Mac. He had plenty of questions for the mortgage executives, whose companies had just been taken over by the federal government, and he wanted Issa to press them on how the sales had gotten through.Plus, Issa's San Diego County office is less than six miles from the San Marcos complex, and about 11 miles from the Escondido properties, in a neighboring congressional district. Lackner sent a message via Issa's website, but got an automated reply saying the congressman would not be able to respond because Lackner doesn't live in Issa's district.Each of these deals somehow made it over the hurdles that the real estate industry and government agencies had erected to render impossible the easy-money excesses of the housing boom. By 2008, banks had started to set higher standards for who could borrow mortgages. Larger banks and mortgage investors had begun to more closely investigate what loans they were buying.Or at least, that's what the banks said they were doing in the wake of the subprime crisis that shook the industry and made getting a mortgage a formidable task.
That these 81 loans got through illustrates lingering weak points in post-subprime lending practices. The buyers were straw buyers, individuals who agreed to rent out their identities and good credit scores to a Bay Area man named Jim McConville, whose team obtained mortgages in their names but didn't follow through on their promise to make the payments, a three-month voiceofsandiego.org investigation revealed.Whether due to the savvy coordination of the mastermind and his straw buyers or a fault on the part of lenders, the deals show the home financing system -- all the way up to the government-sponsored mortgage companies -- remained vulnerable to greed and deception in the last year.These vulnerabilities allowed one man's network to capture more than $12.5 million, according to sales records, while leaving three San Diego County neighborhoods bracing for an onslaught of foreclosures. In the process, the deals likely add to the great toxic burden the American taxpayer is already bearing in the wake of the country's mortgage meltdown.Lackner had already tried to sound the alarm as the deals were closing throughout Sommerset Villas and Sommerset Woods in Escondido and Westlake Ranch in San Marcos earlier in 2008.He submitted a report to Fannie Mae and Freddie Mac warning them not to buy any of the loans and alerting them that the deals seemed to indicate potential fraud.
Occupancy and rental rates for the national office market weakened in the first quarter as the amount of space that became available exceeded leasing volume by 24.9 million square feet, according to Reis Inc. Effective rents dropped 2 percent to $24.16/sf, marking the steepest decline since the first quarter of 2003, and vacancies climbed 70 basis points to 15.2 percent, the sixth consecutive quarterly increase since the third quarter of 2007, when it was 12.5 percent. Read Full Story
From Paul Vercammen and Ted Rowlands
CNN
LAKE ELSINORE, California (CNN) -- The two-story homes on Fir Circle in an upscale Lake Elsinore, California, neighborhood tell two stunningly different tales.
Some are vacant, bank-owned and beat-up inside. Others are filled with kids' laughter and the sounds of boxes unpacking and families moving in.
Mary Ann Lepley, her husband, Derrick, and their 2-year-old daughter, Melody, have been in their 3,000 square-foot home here for about three months. They bought it for about $250,000. Just two years ago, amid California's housing boom, the same house sold for nearly $550,000.
"My heart goes out to everybody that lost their home [and] lost their jobs," says Derrick Lepley. "I'm real sympathetic toward them. But the reality for us was, if this didn't happen, we wouldn't be in this situation."
Walking through his spacious four-bedroom home, he says, "We feel fortunate."
His wife adds, "We love our new home. ... We're just really grateful for the market dropping, so we were actually able to buy a home." See what states are being hammered by foreclosures »
With the nation facing historically high foreclosures, many Americans -- like the Lepleys, who have been cautious with their spending and savings in recent years -- are using this opportunity to buy their dream homes, large comfy places that once seemed completely unattainable.
A private report issued this week showed that housing prices in 20 major cities have plummeted at record levels, down 19 percent from a year earlier. Home prices have plunged 29.1 percent nationally since they peaked during the second quarter of 2006, according to the S&P Case-Shiller Home Price Index. Interactive: How the government is trying to help »
"Right now any distressed property that goes from being available to being occupied is a good thing, because it reduces inventory on the market," said Rick Sharga, senior vice president of RealtyTrac, which lists 1.8 million foreclosed and bank-owned property across the nation.
"Even though the properties are selling at a dramatic discount from a couple years ago, in most of these markets, the simple truth is that the properties were wildly overpriced -- and only able to be sold because there was such recklessness in lending practices."
Lake Elsinore is in Riverside County, one of the hardest hit counties in the nation's foreclosure mess. The scenic community about 70 miles southeast of Los Angeles is dotted with large suburban homes. The streets are lined with "for sale" signs.
"The banks have dropped the homes tremendously in the past few months and homeowners that usually couldn't purchase before are being able to purchase at very low prices right now," said Rachel Morales, a realtor in the area.
Nearly 23,000 homes in Riverside County alone are listed as "bank owned"
on RealtyTrac. One in 80 homes is now in the foreclosure process, according to the county assessor's office.
"Riverside County is in the middle of the mortgage meltdown," says county assessor Larry Ward. "It's really tough on people, the foreclosures and prices that dropped below $100 a square foot."
Next door to the Lepleys are Frank and Leslie Aceves. They are in the midst of a different situation. They are trying to "short sell" their house in order to avoid foreclosure and lose everything to the bank.
The couple has two children, ages 10 and 3, and they bought their 3,500 square-foot home for $620,000 a few years ago. A house about the same size across the street recently went for $267,000.
"We just didn't think it would happen," Leslie Aceves says of the massive drop in prices. "We just thought it would stop somewhere."
Neighbors Shane Latham and Kathy Valdez, a couple in their 20s, bought their house for $220,000 -- nearly $300,000 less than what it was a couple of years ago. "We've got to feel for people," Latham says.
Valdez adds, "I'm in my 20s. I mean, why not? A house right now, we could afford it."
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It's a tale of ecstasy and agony: One person's gain from others' pain playing out across America.
"It's unfortunate for those who are going through such tough times,"
says Mary Ann Lepley. "But in some ways, we were really glad that we were able to do something we wouldn't have been able to do otherwise."
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