Showing posts with label atlanta. Show all posts
Showing posts with label atlanta. Show all posts

Wednesday, January 30, 2008

Atlantic Station a joke in more ways than one


The Atlanta Journal-Constitution
Published on: 01/29/08

The water problems at Atlantic Station are more complicated than just a failure of expansion joints in concrete, the buildings' general contractor said Tuesday.

The property owner, Atlantic Town Center, said last week that improperly installed joints caused leaks in three buildings in the heart of the development, affecting several businesses. The joints are gaps that allow concrete to expand and contract with temperature changes so cracks don't occur.

After investigating, Atlantic Town Center decided 10 buildings should be repaired, a process that will continue into next year and cost millions of dollars.

But Jeff Johnson of Vratsinas Construction Co., the general contractor, said the problems go beyond expansion joints.

"It's much more complicated and complex than the joints in the walls," Johnson said.

In an earlier e-mail he said: "While VCC has worked closely with Atlantic Town Center on this issue, there has been no agreement on either the cause or the most appropriate solution to resolve the owner's concerns."

Johnson would not elaborate on what the additional issues are but said consultants produced a detailed technical report that shows broader problems.

"In working with Atlantic Town Center, VCC has shared its observations about existing design issues and we agreed with the majority of the owner's consultants' findings," Johnson's e-mail said.

Responding to Johnson's comments, Brian Leary, vice president with AIG Global Real Estate Investment, an Atlantic Town Center partner, said in an e-mail: "While we've identified some isolated issues related to a few buildings, we've identified no structural or other significant issues that will keep us from expeditiously repairing and upgrading the buildings. We've brought in some of the best consultants in the industry to help us identify the issues and best-practice solutions, which we are now implementing."

He also said: "This situation is not uncommon in developments of this size, and identifying its existence, source and solution takes time. We are working to fix the situation in the buildings in question while proactively inspecting and upgrading adjacent buildings to prevent future issues."

Atlantic Station is a nationally renowned mixed-use development on what used to be a steel plant site in Midtown at the I-75/I-85 junction. It opened in October 2005 and was celebrated for turning unsightly industrial land into a popular place to live, work and shop.

Balconies and building facades have to be repaired and work on each building will take about four months.

The buildings represent a small percentage of the total structures on the 138-acre site, Atlantic Town Center says.

Scaffolding already is up in the entertainment and residential area known as the District. Six of the buildings are a mix of retail and residential that include ATLofts and 17 Street Lofts. The other buildings are businesses.

Doc Green's Salads and Grill, one of Atlantic Station's original restaurants, sits under a concrete balcony that leaks. After a rain, part of the restaurant has to be closed off because of drips, said John Griffin, director of operations and business partner in Doc Green's.

Al Corry, an ATLofts resident and real estate agent, said balconies on his building collect water under the concrete and will have to be fixed. Atlantic Town Center told homeowners at a meeting last week repair costs already have topped $1 million, Corry said. Atlantic Town Center has not publicly disclosed a price.

Johnson was asked if the problems could involve more than 10 buildings. "We are not aware of other buildings within the project that will require repairs," his e-mail said.

Neither Atlantic Town Center nor Johnson would assign blame for the leaks.

"Most of the attention has been focused on fixing the problem as opposed to fixing the blame," Johnson said. "VCC expects that this will be resolved through continued discussions between all of the parties involved."

Thursday, December 20, 2007

Racket exposed by John Sugg CL

It would be the most ironic of ironies, but we'd probably be too dehydrated to laugh.

Should Atlanta plum run out of water – even though the state says we've prayed enough to avoid it – we'd most likely turn to the dolled-up, overpriced, bottled variety. And how rich it'll be when folks learn that often what swishes around in the plastic container is a slightly altered version of what we were watching dwindle away all along.

Like Dasani. The Coca-Cola brand is the second best-selling bottled water product in the United States, right behind Pepsi's Aquafina. And both are, essentially, glorified tap water. Dasani, for example, is the product of what the company calls "reverse osmosis." According to a dazzling animation on the product's website, water is taken from a municipal source – which usually means it's the same water the local community also uses. It is then filtered, purified, treated and tinged with trace minerals such as potassium chloride, salt and magnesium sulfate. Voila – Dasani.

And right up in Marietta, just before where U.S. 41 crosses Canton Road, the soda-pop giant has a plant where humdrum municipal water, pulled from Lake Allatoona and the Chattahoochee River, is morphed through the process, bottled and then shipped throughout the Southeast.

"If people in Atlanta knew that they need to go to the store to buy bottled water because they're asked to conserve, and find out they're buying [municipal water] that's bottled in a Marietta plant ..." says Gigi Kellett of Corporate Accountability International, a big-business watchdog group. "And then these corporations are turning around and selling it to these individuals when they're taking it directly from their source."

This summer, Kellett's group influenced Pepsi to agree to change its labels to more accurately reflect the water's origin. Coca-Cola has said it doesn't think Dasani consumers are confused about the source and continues simply to label the water as "purified."

According to Marietta Power and Water, the Marietta facility at 1091 Industrial Park Drive used nearly 8.4 million gallons of water in November. That's a huge improvement from the same month last year, when it gulped 9.8 million gallons, and a far cry from the Pepsi Gatorade plant in southwest Atlanta – the city's biggest water user – which gobbled up 70.8 million gallons in September alone. The only customer in the Marietta district to top Dasani's consumption was Tip-Top Poultry, a chicken plant three miles down the road. Wellstar-owned Kennestone Hospital followed.

Commercial water users in Marietta get a sweet deal by paying less the more water they use. There is a graduated grid of rates. The first 2,000 gallons a commercial user such as Coca-Cola uses cost a total of $10.61; once that usage reaches a million gallons or more a month, the company pays $2.02 per 1,000 gallons.

Use more, pay less. It's a pricing structure that stands to change later this month when Marietta Power and Water's board considers doing away with the different block systems and charging a flat rate to commercial customers. The Metropolitan North Georgia Water District has urged municipalities to adopt such conservation pricing, but most of them are just now getting around to doing so.

Bottled water is one of marketing's great success stories. According to the Pacific Institute, an Oregon-based environmental-policy center, the $15 billion industry is enjoying tremendous annual growth: 10 percent every year, far outpacing paltry gains for fruit drinks and soda. And water's a moneymaker, too; it doesn't cost much to buy and industry analysts have predicted that after advertising and production, bottled water makes double the profit of carbonated beverages. A 1.25-pint bottle of Dasani costs $1.19 at a local gas station. Compare that with the $2.02 Coca-Cola pays for 1,000 gallons of municipal water to bottle it.

"We have to ask ourselves," says Allen Hershkowitz, senior scientist at the Natural Resources Defense Council, "is it fair to subsidize a company with public water supplies that they then turn around and market, at a time when those public water supplies are at crisis levels?"

The drought has hit at a time when Coke already is embroiled in an international controversy over water rights and findings that global warming may be exacerbated by the plastic industry's energy-intensive business plan. That recently added to a backlash from water works in the United States that launched a massive PR campaign aimed at informing the public that tap water wasn't just safe to drink, but vitally important in terms of health, quality of life and economic development.

And while Gov. Sonny Perdue in late October ordered municipal water providers to cut back 10 percent compared with their average consumption prior to the drought restrictions – a goal that Atlanta and DeKalb County failed to meet – there's still neither a deadline for compliance nor a penalty for missing the cuts.

But records show Dasani cut back and did its part. Coca-Cola, as well as big water users, already are cutting cut back. The company says it's done so at the Dasani plant and across the board, claiming conservation programs since 2002 have cut its water use worldwide by 19 percent. Coke spokeswoman Michele McKillip says the Marietta facility – which also bottles Coca-Cola Classic, Sprite and other drinks – had already reduced water use by 8 percent from 2005 to 2006 and was continuing to cut back by using air-powered rinsers, fixing leaky pipes, ceasing truck washes, and using "dry lubes" on the conveyance line.

"Coca-Cola takes the drought very seriously," McKillip says. "And we share the state and community's concerns. The issue of water is something we've been looking at for a long, long time."

Late Thursday night last week, visible through a plate-glass window to motorists driving by, the bottling operation was humming along. The bottles were in motion. And in the parking lot sat another idling tractor trailer, ready to roll out more of that purified water.

Tuesday, October 16, 2007

Foreclosures hit record high in metro Atlanta

Monthly total takes 49 percent jump over last year


The Atlanta Journal-Constitution
Published on: 10/15/07

Foreclosure actions for metro Atlanta hit an all-time high this month, with 6,809 properties in 13 counties threatened with public auction in November.

The October statistics, released Monday by Alpharetta-based Equity Depot, represent a 38 percent increase over September and a 49 percent jump when compared with October 2006.

"This is the largest swing we have ever seen from month to month," said Barry Bramlett, an Equity Depot vice president.

The total estimated value of properties entering foreclosure in metro Atlanta was $1,076,975,783.

The statistics cover properties published in legal notices in time to go to foreclosure in November. Public foreclosure sales are held at courthouses around the state on the first Tuesday of every month.

Most property owners facing a foreclosure are at least a few months behind with payments. Many avoid a sale on the courthouse steps by filing for bankruptcy, refinancing or selling the property before the auction.

The foreclosure process moves quickly in Georgia. Unlike many other states, Georgia law does not require a judge or any other public official to sign off on foreclosure sales.

So far this year, lenders have published 41,312 foreclosure notices against properties in the 13-county area of metro Atlanta, an increase of 11 percent over the number of notices filed in 2006 through October, according to the Equity Depot statistics.

The longtime publisher of the Atlanta Foreclosure Report, Equity Depot is widely considered metro Atlanta's most authoritative source of foreclosure statistics. The company has closely tracked Atlanta foreclosure listings for investors and lenders for 20 years. No government agency collects foreclosure statistics in Georgia.

Bramlett said mortgages with high interest rates are driving foreclosures across Atlanta. Adjustable rate mortgages make up about half of 2007 foreclosure notices.

"It truly looks like a subprime mortgage problem," said Bramlett. "We're not seeing that many prime mortgages."

About one in four metro Atlanta home buyers in recent years has relied on a "subprime" mortgage. Such loans come with significantly higher interest rates than "prime" loans offered to borrowers who have better credit histories and money for a down payment.

Across the nation, subprime loans are about 10 times more likely to fail than prime loans.

Bramlett said an unusually high number of construction loans also showed up in this month's listings, representing developments that never got off the ground or that failed to sell when construction was complete.

The October totals represented an all-time high for each of the 13 metro Atlanta counties, suggesting that the national mortgage meltdown is touching virtually every corner of the metro area.

Fulton County had more properties facing foreclosure — 1,731 — than any other in metro Atlanta in October. But even Fayette and Forsyth, where foreclosures have historically been rare, saw big jumps this month.

For those behind on mortgage payments, the options for saving a home are more limited than in the past. That's because the mortgage meltdown has virtually halted new mortgage loans to borrowers with poor credit. Those who might have refinanced their way out of a problem in the past have little hope of doing that today.

Experts have anticipated a spike in foreclosures in the last quarter of the year, driven by resets in adjustable-rate mortgages that push payments beyond what many homeowners can afford.

"Now that we are at this kind of quantum level up in terms of foreclosure activity, I think we're going to start really seeing the effects on housing prices," said Dan Immergluck, a Georgia Tech professor who is an expert on foreclosures.

Housing prices in California and Florida, fueled in part by a rising number of foreclosures, already have declined. A decline is likely here, too, Immergluck said, because foreclosures will dump more homes on the market at a time that demand is down, in part because renters with marginal credit no longer qualify for mortgages.

Immergluck said he believes some government action is needed, especially to help prospective buyers get a loan.

Thursday, October 04, 2007

Late mortgage payments skyrocket in Atlanta

Late mortgage payments skyrocket in Atlanta


The Atlanta Journal-Constitution
Published on: 10/04/07

Home sweet home for many consumers rests on ever shakier foundations.

Metro Atlantans and Georgians have a tougher time with on-time mortgage payments compared with the rest of the country, based on quarterly reports by Equifax Inc. and Moody's Economy.com.

[ Submit your comments below. ]

In fact, the rate of delinquencies as a percentage of outstanding mortgages was greater in metro Atlanta than in the rest of the country in the second quarter. Mortgages are deemed late after 30 days or more. Many lenders begin foreclosure proceedings after 90 days.

Metro Atlanta's delinquency rate, which stood at 5.07 percent of more than 1 million mortgages in the second quarter, is the highest it has been since the first quarter of 2000, when it was 2.66 percent.

ONE EXPERT SAYS:

We asked Mark Zandi, chief economist at Moody's Economy.com, to explain what's going on behind the numbers.

Q: Why are Georgia and metro Atlanta's rates so high?

A: I think it's a confluence of things. Lenders have been particularly aggressive in extending subprime mortgages in the state to households that are having difficulty in repaying those loans. The housing market has been soft, and among lower income households in particular the job market for lower skilled workers is weakening. The rate of job growth has slowed, and it's particularly weakened for lower skilled workers.

Q: Measured against past down cycles, how does it compare?

A: I don't think we've seen delinquency rates this high since the Great Depression. The current situation is not in the same universe as the Great Depression, but it's as bad as it's been. It's the worst credit quality (cycle) in the post-World War II period.

Q: Could delinquency rates go even higher?

A: Oh yeah, it will go higher. I wouldn't be surprised if the delinquency rate rose another 1 1/2 percent between now and the end of 2008.

Saturday, September 29, 2007

FDIC Shuts Down NetBank Due to Defaults


AP Business Writer

NetBank Inc., an online bank with $2.5 billion in assets, was shut down by the government on Friday because of an excessive level of mortgage defaults.

It was the largest savings and loan failure since the tail end of the industry's crisis more than 14 years ago. Federal regulators appointed the Federal Deposit Insurance Corp. as a receiver for Alpharetta, Ga.-based NetBank.

Customers with less than $100,000 deposited with NetBank will be protected by FDIC insurance.

While dozens of mortgage companies have closed due to soaring defaults of home loans made to borrowers with weak, or subprime, credit, those problems previously had occurred among non-bank lenders such as New Century Financial Corp. NetBank, in contrast, is federally regulated.

Loose mortgage standards in recent years — especially among lenders catering to subprime borrowers — have resulted in a spike in home loan defaults.

Bert Ely, a banking consultant based in Alexandria, Va., said NetBank was in "deep trouble" before the subprime mortgage market's woes accelerated this year. Regulators, he said, "should have closed it a long time ago."

While some Internet-only banks are successful, he said, operating one without retail branches can be a difficult strategy to maintain.

The FDIC said Friday that $1.5 billion of NetBank's insured deposits will be assumed by ING Bank, also a major online bank that is part of Dutch financial giant ING Groep NV. ING will pay $14 million for the deposits and receive 104,000 new customers.

NetBank, which had no physical branches, sustained significant losses last year "primarily due to early payment defaults on loans sold, weak underwriting, poor documentation, a lack of proper controls, and failed business strategies," the Office of Thrift Supervision said in a statement.

The FDIC said NetBank had $2.5 billion in total assets and $2.3 billion in deposits as of June 30.

The OTS oversees about 830 savings and loan institutions, or thrifts, ranging in size from giants like Seattle-based Washington Mutual Inc. to small community banks. By law, thrifts must have at least 65 percent of their lending in mortgages and other consumer loans.

The last major thrift to be closed by regulators was Superior Bank of Hinsdale, Ill. It had total assets of $1.9 billion and was shut down in July 2001. Its failure has so far cost the FDIC's insurance fund an estimated $273 million.

In June 1993, regulators shut down Western Federal Savings and Loan Association, which had total assets of $3.8 billion. That thrift's owners included former Treasury Secretary William Simon and former Federal Reserve Board Vice Chairman Preston Martin.

NetBank had reached a deal to sell its deposit accounts and other assets to privately held EverBank of Jacksonville, Fla., but EverBank announced this month that the deal fell through.

EverBank in July completed its acquisition of NetBank's mortgage servicing business, and the FDIC said Friday that EverBank will purchase about $700 million in mortgage loans.

"Customers of NetBank should have confidence and security knowing that they will have access to their insured funds in a timely and orderly manner," FDIC Chairman Sheila Bair said in a prepared statement.

The FDIC insures bank deposits of up to $100,000.

NetBank had $109 million in deposit accounts that exceeded the FDIC limit. Those customers will become creditors in NetBank's receivership, the FDIC said.

The FDIC has a toll-free number for customers affected by the failure:1-888-256-6932.

Sunday, September 23, 2007

Metro attorney admits to role in $20M mortgage fraud ring

Atlanta Business Chronicle - 1:23 PM EDT Friday, September 21, 2007

A Roswell, Ga., real estate attorney on Thursday pleaded guilty to conspiracy to commit bank, mail and wire fraud, bank loan application fraud, money laundering and wire fraud in a $20 million mortgage fraud scheme.

James F. Stovall III, 56, participated in scheme involving property flips orchestrated by one of his clients, "Reti Relocation Services Inc." From April 2000 to June 2001, Reti flipped some 50 properties in metro Atlanta in subdivisions such as Brookstone in Acworth; Windward and Seven Oaks in Alpharetta; and Towne Lake in Woodstock.

Reti would acquire properties and on the same day resell or "flip" them to straw borrowers, who were paid for participating in the transactions. Reti paid recruiters for locating straw borrowers, loan officers for preparing and submitting false loan applications and false qualifying documents, and appraisers for preparing fraudulent appraisals with inflated values submitted to lenders. Stovall closed nearly all of the same day fraudulent flips and failed to advise his clients, the lenders, of those flips, prepared false HUD-1 settlement statements that were submitted to the lenders, and moved the proceeds of the scheme through his escrow account and to off-shore bank accounts.

The fraudulent scheme involved the submission of false qualifying information and documents through the mails and the wire transfer of scheme proceeds. In the overall scheme, financial institutions and lenders were fraudulently induced to make loans totaling more than $20 million.

Stovall pleaded guilty to one count of conspiracy to commit bank, mail, and wire fraud, bank loan application fraud, and money laundering, and one count of wire fraud. He faces a maximum sentence of five years in prison and a fine of up to $250,000 on each count.

Sentencing has not been scheduled. Stovall will be sentenced by U.S. District Judge Thomas Thrash.

"We unfortunately continue to see some real estate professionals, such as attorneys and appraisers, who serve as gatekeepers of the system, instead ignoring their professional duty to participate in mortgage fraud schemes," said U.S. Attorney David E. Nahmias. "Given the well-known troubles in the mortgage industry and related financial markets, we will continue to aggressively investigate and prosecute such professionals who, out of pure greed, are willing to promote such fraud schemes in North Georgia."


Saturday, September 08, 2007

Mortgage crisis hits home

Mortgage crisis hits home


The Atlanta Journal-Constitution
Published on: 09/07/07

Just back from a July family vacation, Michele Bearden decided to catch up on the mail. The first envelope in the stack contained a letter from a real estate investor and a copy of a tiny newspaper notice.

[ Submit your comments below. ]

The wife and mother from suburban Gwinnett County stared in disbelief at the clipping: It announced that her house was in foreclosure. Bearden's lender planned to sell the family's home on the courthouse steps on the first Tuesday in August – just a few weeks away.

"That's how we found out," said Bearden, who for months had been locked in a conflict with the company that handles her mortgage payments.

Thousands of homeowners across Atlanta are facing the same dreadful prospect of losing their houses, the result of an epidemic of foreclosures moving through virtually every corner of the metro area.

The number of foreclosure sales scheduled for metro Atlanta properties tripled between 2000 and 2006, according to data supplied by Equity Depot, a private Atlanta company that provides foreclosure information to businesses.

More than 65,000 properties in 13 Atlanta counties faced foreclosure proceedings since January of 2006. In both July and August of 2007, properties scheduled for foreclosure in the 13 metro counties hit an unprecedented level: 5,000.

The uptick in foreclosures is tightly tied to another trend: the spread of subprime lending across the region. A high-interest, subprime loan financed one in every four home purchases in metro Atlanta in 2005, according to a Journal-Constitution review of federal mortgage lending data. In Georgia, subprime mortgages are nine times more likely than prime mortgages to be seriously delinquent or in foreclosure.

A real estate crisis caused by widespread mortgage failures is rippling through the country. Struggling Midwestern states have the highest foreclosure rates, and foreclosures are growing faster in Nevada, California and Florida than anywhere else. But Georgia has a serious problem, too. Only four states – Indiana, Louisiana, Michigan and Mississippi – had a higher rate of past-due mortgages than Georgia did in the second quarter of this year, according to a report released this week by the Mortgage Bankers Association.

The subprime mortgages that blanket the Atlanta region act like a foreclosure time bomb. That's because many families who opt for a high-interest, adjustable-rate mortgage qualify for the loan based on low payments available for the first year or two. Some families end up in trouble when a higher interest rate increases their monthly payment.

Many Atlantans believe they are immune to the effects of the mortgage meltdown. But even those in no danger of default are taking a hit. That's because every foreclosure pulls down the value of nearby properties. Houses become harder to sell. Refinancing becomes difficult, if not impossible, for many. Local governments may even be hurt, since property taxes are based on property values.

And we haven't even hit bottom yet.

"All of the projections are that it's only going to get worse in the next three months," said Dan Immergluck, a Georgia Tech associate professor who is an expert on foreclosure issues.

Poor neighborhoods hit hardest

The areas of metro Atlanta hit hardest by foreclosures are the same parts of town where subprime lending is most common, according to a Journal-Constitution analysis of foreclosure trends and federal mortgage lending statistics.

Neighborhoods in southwest Atlanta, south DeKalb and Clayton County have the highest rates of foreclosure in metro Atlanta. But virtually every part of the metro area has been significantly touched, including parts of south Cobb County and many neighborhoods throughout Gwinnett County. Thousands of properties facing foreclosure involve mortgages of $300,000 or more, according to the data compiled by Equity Depot. Even in upscale Alpharetta, hundreds of properties have been scheduled for sale on the courthouse steps.

Kwan Straughn's former home was among them.

Straughn borrowed $871,000 to buy and make improvements to an eight-bedroom, eight-bath home not far from Country Club of the South. Straughn said he used a broker he found online to arrange loans for his house and three investment properties. The process to buy the properties was quick and easy, he said, even though he had a bankruptcy on his credit history.

Straughn said he thought he was getting a 30-year mortgage. Lewis N. Jones, an attorney representing the lender, Utah-based Land Home Services, said the term of the loan was actually no more than a few months, a type of loan sometimes made to investors but rarely for families buying a residence.

Straughn said he tried to refinance, but was unable to because the balance on the mortgage ballooned to more than the home was worth. Straughn said his family was evicted from the house after the lender foreclosed and sold the house on the courthouse steps.

"It has completely ruined us," said Straughn, who is living with friends while he pursues a lawsuit against the lender.

High-interest subprime mortgages have become common even among those with fat paychecks. About one in eight borrowers with incomes of at least $100,000 used a subprime loan to buy a metro Atlanta house in 2005, according to the federal mortgage loan statistics.

Nothing down

Thirty years ago, getting the keys to a house required an exhaustive process that included a 20 percent down payment and a thorough review of a borrower's income and debts. The down payment ensured the borrower had a major stake in the property and a verifiable income ensured that the loan could be repaid.

All that changed when Wall Street discovered how to bundle mortgages together in packages that could be sold to investors. The packages of subprime mortgages became popular because they offered investors hefty returns and, at the time, were promoted as relatively safe investments. "Wall Street had a strong appetite for these loans," said Rob Braswell, Georgia's banking commissioner.

With the demand so intense, lenders kept lowering their standards to bring in new business. Borrowers once deemed too risky were more than happy to snap up the deals.

No money for a down payment? No problem. The lenders set up "piggy-back" loans to cover the 20 percent borrowers used to put down.

Bad credit? No problem. The lenders simply charged you more.

Low income? No problem. Lenders set up adjustable-rate mortgages with low teaser rates and low monthly payments for the first year or two.

Don't want to hand over your W-2s or your tax returns? No problem. Many lenders routinely allowed "stated income" loans under which borrowers wrote down their annual income, but had to provide no documentation.

"There were some loan options out there that didn't make a lot of sense long-term," said J.D. Crowe, president of the Georgia Association of Mortgage Brokers.

Rising real estate values in most of the country allowed many homeowners with subprime mortgages to refinance to better loans after a couple of years. But that stagnant values have eliminated that option, leaving many borrowers stuck with their loan when their teaser rates end and mortgage payments dramatically increase.

Half of metro Atlanta foreclosure starts this year involved adjustable-rate mortgages, according to the data compiled by Equity Depot. Half also involved home purchases made recently — either in 2005 or 2006.

In response to the mortgage meltdown, lenders tightened mortgage standards almost overnight, making it impossible to get some loans that were readily available this spring. Some upper-income borrowers with good credit are being hit, too, especially those seeking a "jumbo loan" above $417,000, the upper limit for Fannie Mae or Freddic Mac, the companies created by the government to guarantee mortgages.

David Fisher and his wife planned to start construction on a new house in Marietta this fall. But the cost of the jumbo mortgage they needed increased 1 percentage point in just 30 days. The project is on hold.

"Our decision was to wait a little while and see if the market turned to a more normal situation in the next 30 to 60 days," Fisher said.

Little protection in Georgia

The prospect of a foreclosure is financially and emotionally devastating for most families. And in few states is the process as brutal for the borrowers as it is in Georgia.

Unlike half the states, Georgia allows foreclosures to take place with no judicial or government oversight. And no state has a faster foreclosure process than Georgia. Most lenders wait until a borrower is several months behind before initiating a foreclosure. But once a lender starts the process, a house can be sold on the courthouse steps in as few as 37 days.

In Florida, lenders must wait four months to sell a house in foreclosure; in Ohio, seven months; in New York City, well over a year.

"It's ridiculous what they can do," said Michele Bearden, the Gwinnett County homeowner whose lender sought a foreclosure in August.

Bearden and her husband, Raymond, have two sons, ages 9 and 16. He works in construction and she works for the school system. They live in a small three-bedroom ranch house near Grayson that her husband's uncle built for the family in 1994.

"We're busting at the seams, but we love it," Bearden said. "We put in a pool and a hot tub and we've made it our own."

Bearden traces their troubles to a decision in 1999 to refinance their mortgage with a subprime lender. The mortgage was pooled with other mortgages and sold to investors.

Bearden said she has spent the last several months battling the company that manages their mortgage, Houston-based Litton Loan Servicing, over a variety of fees and charges, and consequently they've been unable to refinance. The Beardens believe that Litton has not properly applied payments made to their account. The company declined to comment, citing privacy concerns.

"It just astounds me that you can build a house and live there for 13 years and in a matter of weeks, somebody could come in and it's gone, they can sell it at the courthouse steps," she said. "It is amazing that they can come and do that without having to go see a judge."

The thousands of metro families facing foreclosure are there for a host of reasons. Some agreed to mortgages they couldn't afford. Others lost a job, got sick or got a divorce. A growing number saw their mortgages grow out of reach when the introductory rate expired on their adjustable rate mortgage.

The Beardens filed a court action themselves and the foreclosure sale did not take place in August.

Bearden said it's a lonely feeling to face foreclosure. But she said she has come to realize that eve though few families discuss it openly, it's become a common struggle.

"It's not just the poor people," she said, "It's hitting everybody now."

-- Data analyst Megan Clarke contributed to this report.

Wednesday, August 15, 2007

Local real-estate lawyers say HomeBanc checks bouncing

HomeBanc Corp.'s sudden exit from the mortgage lending business left dozens of Georgia real-estate lawyers holding millions of dollars worth of bad checks, attorneys say.

[ Submit your comments below. ]

Near midnight last Thursday, HomeBanc filed for Chapter 11 bankruptcy in Wilmington, Del., out of cash and out of a business that had flourished in its hometown of Atlanta. Lawyers whose real-estate practices flourished along with HomeBanc had already begun worrying about the mortgage-funding checks from the big lender that they'd deposited in their escrow accounts.

In recent months, mortgage lenders have been collapsing in and out of bankruptcy as lenders shut off the flow of cash to make mortgage loans.

In Georgia, real-estate deals are funded right at the closing table. Lawyers had written checks to sellers out of those escrow accounts, and if HomeBanc's checks bounced, the shaking of the global credit markets occasioned by the downturn in the U.S. mortgage industry was going to hit home.

The checks bounced, and HomeBanc named about two dozen Georgia law firms on its list of unsecured creditors, people who stand to get what's left over after the failed mortgage company's top lenders get paid.

"It's pretty ugly right now," said Scott Logan, president of the Georgia Real Estate Closing Attorneys Association, a group for lawyers who make their living at the deal tables.

"I can only assume that there are some lawyers out there who are running to their banks and taking out equity loans and doing what they need to do to cover it, because those are just flat-out shortages in their escrow accounts," said Logan, with Atlanta's Fryer Law Firm.

Unlike many other states, Georgia's "good funds" law allows lawyers to take an ordinary check from a mortgage company, rather than a wire transfer or cashier's check. That may be why the collateral damage on the real estate bar is so much greater in HomeBanc's bankruptcy case than in the failure of other mortgage lenders, said H. Gilman Hudnall of Hudnall Cohn & Abrams, a two-time past president of the Georgia closing-attorneys group.

"Some lenders — HomeBanc was one of them — pretty much insisted on doing their funding by check," Hudnall said. Given HomeBanc's regular volume of business and the average size of real estate transactions, Logan estimated that Georgia lawyers are looking at a minimum of $10 million worth of collateral damage from HomeBanc's failure.

"Word on the street" in Atlanta puts the figure higher, said Sanford J. Gerber of Gerber & Gerber, a local real estate firm.

Lawyers with deals in the pipeline have to be able to write good checks themselves or face possible trouble with the State Bar of Georgia, which takes a dim view of attorneys who write rubber checks.

"It's putting attorneys in a very bad position," Gerber said.

An informal committee of real estate closing lawyers has filed papers to make an appearance in HomeBanc's bankruptcy case. Lawyers with that committee didn't return calls.

Getting an answer from the bankruptcy case takes time, Hudnall commented. According to Logan, many of the firms on HomeBanc's list don't have the luxury of time.

"There are firms in there that are one- or two-man shops and if you have one $150,000 loan with HomeBanc, you're in the ditch," Logan said.

Atlanta foreclosures rise from Jan. to June

Atlanta Business Chronicle - 9:12 AM EDT Tuesday, August 14, 2007

Atlanta had the third-highest number of foreclosures in the first half of 2007, according to RealtyTrac's 2007 Midyear Metropolitan Foreclosure Market Report.

Atlanta's total of 36,502 foreclosure filings on 22,412 properties was the third-highest among the 100 top metro areas, the report shows. The number of properties with foreclosure filings during the first half of 2007 increased 17 percent from the first half of 2006, and the city's foreclosure rate of one foreclosure filing for every 54 households ranked No. 12.

Only Riverside-San Bernardino, Calif., and Los Angeles had more filings. Following Atlanta were Chicago, Detroit, Denver, Dallas, Las Vegas, Phoenix and Sacramento.

"While foreclosure activity has skyrocketed over the past year in many cities, particularly in California, Ohio and the Northeast, foreclosure activity seems to be subsiding in parts of Texas, South Carolina and other states," said James J. Saccacio, CEO of RealtyTrac. "Still, the overall trend is toward escalating foreclosure rates, with 82 of the top 100 metro areas reporting year-over-year increases in the number of homes affected by foreclosure.

Tuesday, August 14, 2007

Most of HomeBanc's employees laid off


Company delays second-quarter results


The Atlanta Journal-Constitution
Published on: 08/14/07

HomeBanc Corp. said it will not file its second quarter results Tuesday as expected and does not know when it will.

The embattled Atlanta-based mortgage company, which sought bankruptcy protection last week, was to have released those results Aug. 9 but was granted an extension to Tuesday by the U.S. Securities and Exchange Commission.

The company also will make an announcement later today about the status of its annual meeting, which had been scheduled for Aug. 30, said Carol Knies, HomeBanc's vice president of investor relations.

Further, Knies said that the company will have whittled itself down to a "skeletal" staff of fewer than 50 employees by the end of August.

Most of HomeBanc's roughly 1,000 employees were let go Friday, though some have been offered positions with Countrywide Financial Corp., which has agreed to acquire some of HomeBanc's assets.

Knies said she didn't know how many of those employees were offered jobs. Countrywide, based in Calabasas, Calif., has said it will not comment beyond a news release it issued last week that mentioned the planned hirings but did not give a specific number.

The HomeBanc staff that remains includes a "small number of executives, a small number in accounting and a small number in human resources," she said. The company will continue to service some of the loans in its portfolio, which means it will collect payments and provide other customer service functions on those mortgages and some of the remaining employees will be dedicated to that.

The company stopped originating mortgage loans last Monday because its credit lines were closed. It also said it was selling some of the assets of its HomeBanc Mortgage Corp. subsidiary to Countrywide Financial Corp.

HomeBanc sought Chapter 11 bankruptcy protection in Wilmington, Del., late Thursday.

Unlike employees who were laid off last year, those HomeBanc workers who lost their jobs on Friday received no severance, Knies said.

Their 401(k) retirement packages, managed by Merrill Lynch & Co., are unaffected, Knies said.

Employees can leave their retirement savings in their Merrill accounts, roll it over into an individual retirement account or into the 401(k) plans of a new employer if that's allowed, she said.

An emergency fund of about $25,000 created through voluntary, post-tax employee contributions was disbursed to employees through $20 grocery gift cards, Knies said.

That fund, originally established by employees to help workers who were in a financial pinch, is not part of HomeBanc's corporate assets, she said.

Friday, July 20, 2007

Beazer's downward spiral continues

Amid the worst housing sales slump in more than a decade, 2007 has been a particularly trying year for Atlanta-based Beazer Homes.

Its stock price has plunged to values less than half the size of its January levels.

Meantime, Beazer is facing lawsuits from its customers, employees and stockholders, federal inquiries into its mortgage lending and other corporate practices and the abrupt departures of three of its top executives, all since the first of the year.

Legal and housing experts expect Beazer's troubles to drag on well into 2008, but predict that the company will ultimately emerge intact though perhaps structurally altered.

Barry Ritholtz, president of Ritholtz Research and Analytics, said the recent acquisition of Beazer stock by the hedge fund Moore Capital Management indicates a confidence that the stock price, currently a value, will recover.

"My best guess is that they [Beazer] will survive this," Ritholz said. "But it's no more than a guess."

Ritholtz points out that the federal inquiries and the firings earlier this year of the company's chief counsel and chief accountant were prompted by allegations of questionable business practices. But none of the complaints against Beazer arose from financial deception, which would pose greater dangers to the company's long-term survival.

"As far as we know, their sales, their revenue and their profit were real," Ritholtz said. "This is an ethical situation."

Leslie Kratcoski, Beazer's vice president of investor relations and corporate communications, said an outside team is conducting a review of Beazer's business practices.

Other than news releases and required Securities and Exchange Commission filings the company has issued since the inquiries began, Kratcoski said Beazer has no new information to reveal about its legal and regulatory matters.

The thick of Beazer's turmoil began in March when a series of reports in the Charlotte Observer detailed foreclosure rates of more than 20 percent in Beazer communities near Charlotte, N.C. News of the inquiries and lawsuits soon followed.

Ken Jones, a real estate and corporate practice attorney with the Atlanta firm of Hall Booth Smith & Slover, agreed with Ritholtz's assessment of Beazer's current status.

"If there doesn't come a rash of homeowner lawsuits and [the federal probe] stays in the corporate governance area, I think they can survive," Jones said.

But he noted that a further shake-out of leadership at Beazer is likely as it works through the process and aftermath of the inquiry.

"There's probably going to have to be some sort of wholesale change on the board of directors," Jones said.

CEO's future

Similarly, the fate of Beazer CEO Ian McCarthy could be hanging in the balance, said attorney Jacob Frenkel, chairman of the securities enforcement and white collar crime practice at the Rockville, Md., firm Shulman Rogers Gandal Pordy and Ecker.

In situations like Beazer's, Frenkel said, boards of directors frequently move quickly, sometimes too quickly, to rid the company of anyone associated with suspect activities, even if they have done nothing wrong.

"Over the past five years, we've seen companies move out people who were in charge of areas that have come under scrutiny," Frenkel said. "Boards are often too quick to act."

But despite the recent departures of several of his top lieutenants, McCarthy continues to guide the company. The longer he continues, the greater the likelihood he will remain at its helm, according to Frenkel.

"It is too early to determine who is likely to survive, but it is a good indication that his leadership has been appropriate," Frenkel said.

Frenkel cautioned that the federal probe will not yield any charges or findings for a long time, possibly as much as 18 months, and that the fate of the lawsuits hangs on the probe's outcome.

"It's impossible to tell yet what will come of this," Frenkel said.

Meantime, the lawsuits will remain procedural "jockeying for position," according to Frenkel.

"There's a big explosion when the news [of a probe] hits. Then, it's wait and see," Frenkel said.

Stock swoon, suits

But the troubles have made investors wary. Beazer stock, which was trading at more than $46 per share at the beginning of the year, plunged to less than $23 per share after the company fired its chief accountant for attempting to shred documents in violation of Beazer policies.

On Thursday, Beazer's stock hit $20.73 per share.

Since the launch of a U.S. Housing and Urban Development inquiry into Beazer's mortgage lending practices in Charlotte, stockholders have filed lawsuits against Beazer over what they say is the company's failure to disclose its lending practices and high foreclosure rates in its communities.

Buyers are suing over the high foreclosure rates, which they claim have damaged their property values.

And participants in Beazer's own 401(k) plan are suing over the company's disclosure practices because a significant portion of the 401(k) funds are invested in company stock.

All of the suits are seeking class action status.

Takeover target?

Meantime, the falling stock price could make the company an attractive acquisition for a well-financed rival in an industry poised for consolidation. With strategic land holdings in attractive markets, Beazer's portfolio could become a strong lure with stock prices at attractive levels.

"Companies with depressed stock prices recognized by experts to have retained their intrinsic value certainly become takeover [targets]," said Frenkel.

But suitors are likely to wait until the housing market shows signs of recovery and the outcome of the probe is more clear, lest they inherit a company with extensive liabilities as well. And shareholders will wait nervously for earnings while the probe and lawsuits run their course.

Beazer officials will report quarterly earnings next Thursday. In their January report, they disclosed a quarterly loss of $59 million for the last three months of 2006.

Wednesday, July 11, 2007

Increasing Rate of Foreclosures Upsets Atlanta

The New York Times

July 9, 2007

Increasing Rate of Foreclosures Upsets Atlanta

ATLANTA — Despite a vibrant local economy, Atlanta homeowners are falling behind on mortgage payments and losing their homes at one of the highest rates in the nation, offering a troubling glimpse of what experts fear may be in store for other parts of the country.

The real estate slump here and elsewhere is likely to worsen, given that most of the adjustable rate mortgages written in the last three years will be reset with higher interest rates, said Christopher F. Thornberg, an economist with Beacon Economics in Los Angeles. As a result, borrowers of an estimated $800 billion in loans will be forced in the next 12 months to 18 months to make bigger monthly payments, refinance or sell their homes.

A big reason the fallout is occurring faster here is a Georgia law that permits lenders to foreclose on properties more quickly than in other states. The problems include not just people losing their homes, but also sharp declines in property values, particularly in lower-income and working-class neighborhoods.

For example, a three-bedroom house near Turner Field, where the Atlanta Braves baseball team plays, fetched a high bid late last month of $134,000 at an auction by the bank that took possession of it. Almost three years ago, the new home was bought for $330,000.

While the surge in foreclosures in other big cities like Cleveland, New Orleans and Detroit can be attributed to local economic challenges, Atlanta more closely reflects the nation. Its unemployment rate, 4.9 percent in May, is low and close to the national average of 4.5 percent. And businesses here are adding jobs, albeit at a slower pace than they were last year.

Like others across the country, homeowners here took out aggressive mortgages in the last few years when interest rates were low and housing prices were soaring. Now many are falling behind — some have lost jobs or experienced other financial difficulties, but many others are not able to refinance because their homes are worth less than they paid for them and their credit is now too weak for them to qualify for another loan.

So far, the pain has been limited to those on the financial margins, but as more loans are reset to higher rates and home prices continue to slide, more homeowners will be unable to meet rising payments or to refinance. “This is a process that is starting low and will go high,” said Mr. Thornberg, the economist in Los Angeles.

Atlanta also serves as a microcosm for some broader national trends: wages have been stagnant for much of this decade, homeowners have taken on record amounts of debt, and mortgage fraud has been on the rise.

“We are a very affordable place,” said Mike Alexander, the chief of research at the Atlanta Regional Commission, an organization that serves local governments. “But our incomes are very low, and if anything went wrong, it would be very hard for people to maintain their homes.”

An estimated 2.7 percent of all housing units in the region were in foreclosure at the end of last year, up from 1.1 percent in 2000, according to an analysis by the commission. Nationally, less than 1 percent of all housing units were in foreclosure, according to data from the Mortgage Bankers Association and the Census Bureau.

Though Atlanta has added jobs in recent years, they pay less than the jobs the region lost after the technology boom of the late 1990s ended. The median household income was only 7.6 percent higher in 2005 than in 2000, according to the Census Bureau. That is about half the rate of inflation during that period, and it mirrors what has occurred nationally.

While wages have languished, average Atlanta families are shouldering more debt. As of March, residents had bigger credit card balances, mortgages and car loans relative to their income than average Americans, according to data compiled by Moody’s Economy.com. And the equity that Atlanta residents have in their homes — the value of their house minus what they owe — has dropped 14 percent since peaking in late 2005.

By comparison, in California — the state where mortgage lending was most aggressive, real estate prices climbed fastest and homeowners have the highest debt burdens — home equity values have dropped about 10 percent from their peak in 2005.

Georgia’s foreclosure laws have also accelerated a process that can drag on for months in legal proceedings in other states. Lenders can declare a borrower in default and reclaim a house in as little as 60 days.

“Because of the foreclosure laws, it may be that people go from delinquency into foreclosure much more quickly in Georgia,” said Mark Zandi, chief economist at Moody’s Economy.com.

That still would not explain why so many people fall behind on house payments in the first place.

At the end of March, 6 percent of all mortgages in Georgia were more than 30 days past due, the fourth-highest rate in the nation, according to the Mortgage Bankers Association. Mississippi, Louisiana and Michigan had more loans past due.

Rajeev Dhawan, an economics professor at Georgia State University, has started studying the characteristics of loans on homes that are in foreclosure. His preliminary analysis of data from April shows that nearly half were for adjustable rate mortgages and many were issued in the last two years.

“Everybody thought if the home prices kept going up, the lenders will keep refinancing you,” he said.

In recent years, industry groups and law enforcement agencies have also cited Atlanta for being home to some aggressive mortgage fraud schemes. It may have been an easier target because the prices of homes in the same neighborhood can vary greatly here, making it easier to inflate appraisals.

Auctions for a dozen homes conducted one day in late June across the Atlanta area — from gritty inner-city neighborhoods to the affluent suburb of Marietta — provide a window into how the real estate slump is playing out here.

The most prized property on offer that day was a stately four-bedroom brick home in Marietta that sits on a tree-covered lot measuring three-quarters of an acre. It fetched a high bid of $646,000, about $60,000 more than the last mortgage on the property. More than 200 people turned up at the auction, and the winning bidders were a young couple, Cameron and Jamie Clayton, who are expecting a second child this year.

“I wouldn’t say it is a steal,” said Mr. Clayton, who is an executive at The Weather Channel. “We paid the same price we would have paid on the market, maybe more.”

But about 25 miles south, an auction for the three-bedroom home near Turner Field produced a starkly different result. Corey Neureuther, a 29-year-old accountant, was the winning bidder. He said it was his first real estate investment and he was surprised that others did not bid the price up at the auction, which drew about 30 people. Having recently moved to Atlanta from New York, he said he became interested in buying property after learning about foreclosures in the area.

“I thought for sure it would sell for $200,000 plus,” he said. Mr. Neureuther said he thought that he could make money by renting out the house.

Stephanie Calhoun, the former owner of the home, could not be reached for comment. Property records show she took out two loans to finance 100 percent of the purchase price. She borrowed the money from Ownit Mortgage Solutions, a California company that sought bankruptcy protection in December after many of its customers defaulted on their loans. Investors who bought bonds backed by Ownit loans will bear the loss on her home.

Dean Williams, the president of Williams & Williams, the firm that conducted the auctions, said results of the sales in Atlanta and elsewhere in the country showed that real estate prices were inflated during the recent boom, especially in less affluent areas.

“When you find out what the market price really is, it can be a joke,” said Mr. Williams, whose family-owned firm is based in Tulsa, Okla.

Economists say auctions are generally the most efficient way to determine prices. But only about 1 percent of residential real estate sold in the country last year by dollar value was auctioned.

Most sellers still list homes and wait until they get an offer close to their asking price. At the end of March, 2.8 percent of all owner-occupied homes nationally were vacant and for sale, up from 1.8 percent at the start of 2005. That is the highest vacancy rate in the 51 years the Census Bureau has been tracking it.

But as more homes end up in the hands of banks and trustees for mortgage bonds — who are typically looking to minimize losses — auctions may play a bigger role.

Mark Rollins bought a house southwest of downtown Atlanta for $78,000 at one of the Williams & Williams auctions. The property sold for $255,000 in summer 2004. Mr. Rollins, who is a Realtor, said he planned to live in the house for a couple of years, fix it up and resell it for $150,000 when the market recovered.

Why did the house sell for so much more in 2004? Mr. Rollins has a simple theory: “The market was hot, the interest rates were low, and they were giving all kinds of deals to people.”

Friday, April 27, 2007

What really happened in Atlanta


The Atlanta Journal-Constitution
Published on: 04/27/07

According to federal documents released Thursday, these are the events that led to Kathryn Johnston's death and the steps the officers took to cover their tracks.

Three narcotics agents were trolling the streets near the Bluffs in northwest Atlanta, a known market for drugs, midday on the Tuesday before Thanksgiving.

Eventually they set their sights on some apartments on Lanier Street, usually fertile when narcotics agents are looking for arrests and seizures.

Gregg Junnier and another narcotics officer went inside the apartments around 2 p.m. while Jason Smith checked the woods. Smith found dozens of bags of marijuana — in baggies that were clear, blue or various other colors and packaged to sell. With no one connected to the pot, Smith stashed the bags in the trunk of the patrol car. A use was found for Smith's stash 90 minutes later: A phone tip led the three officers to a man in a "gold-colored jacket" who might be dealing. The man, identified as X in the documents but known as Fabian Sheats, spotted the cops and put something in his mouth. They found no drugs on Sheats, but came up with a use for the pot they found earlier.

They wanted information or they would arrest Sheats for dealing.

While Junnier called for a drug-sniffing dog, Smith planted some bags under a rock, which the K-9 unit found.

But if Sheats gave them something, he could walk.

Sheats pointed out 933 Neal St., the home of 92-year-old Kathryn Johnston. That, he claimed, is where he spotted a kilogram of cocaine when he was there to buy crack from a man named "Sam."

They needed someone to go inside, but Sheats would not do for their purposes because he was not a certified confidential informant.

So about 5:05 p.m. they reached out by telephone to Alex White to make an undercover buy for them. They had experience with White and he had proved to be a reliable snitch.

But White had no transportation and could not help.

Still, Smith, Junnier and the other officer, Arthur Tesler, according to the state's case, ran with the information. They fabricated all the right answers to persuade a magistrate to give them a no-knock search warrant.

By 6 p.m., they had the legal document they needed to break into Kathryn Johnston's house, and within 40 minutes they were prying off the burglar bars and using a ram to burst through the elderly woman's front door. It took about two minutes to get inside, which gave Johnston time to retrieve her rusty .38 revolver.

Tesler was at the back door when Junnier, Smith and the other narcotics officers crashed through the front.

Johnston got off one shot, the bullet missing her target and hitting a porch roof. The three narcotics officers answered with 39 bullets.

Five or six bullets hit the terrified woman. Authorities never figured out who fired the fatal bullet, the one that hit Johnston in the chest. Some pieces of the other bullets — friendly fire — hit Junnier and two other cops.

The officers handcuffed the mortally wounded woman and searched the house.

There was no Sam.

There were no drugs.

There were no cameras that the officers had claimed was the reason for the no-knock warrant.

Just Johnston, handcuffed and bleeding on her living room floor.

That is when the officers took it to another level. Three baggies of marijuana were retrieved from the trunk of the car and planted in Johnston's basement. The rest of the pot from the trunk was dropped down a sewage drain and disappeared.

The three began getting their stories straight.

The next day, one of them, allegedly Tesler, completed the required incident report in which he wrote that the officers went to the house because their informant had bought crack at the Neal Street address. And Smith turned in two bags of crack to support that claim.

They plotted how they would cover up the lie.

They tried to line up one of their regular informants, Alex White, the reliable snitch with the unreliable transportation.

The officers' story would be that they met with White at an abandoned carwash Nov. 21 and gave him $50 to make the buy from Neal Street.

To add credibility to their story, they actually paid White his usual $30 fee for information and explained to him how he was to say the scenario played out if asked. An unidentified store owner kicked in another $100 to entice White to go along with the play.

The three cops spoke several times, assuring each other of the story they would tell.

But Junnier was the first to break.

On Dec. 11, three weeks after the shooting, Junnier told the FBI it was all a lie.

Monday, April 16, 2007

Rising foreclosures reshaping communities


ATLANTA — If you're like most homeowners, you've probably never given much thought to whether your neighbors pay their mortgages on time. You've got enough to worry about.

Dannice Clark was like that. She'd skip newspaper articles about the trouble with "subprime" loans for people with risky credit. While fixing dinner, she'd tune out TV reports on how subprime defaults are accelerating the nationwide pace of foreclosures. Why should she care? She had a fixed-rate loan on a 5,000-square-foot home with two kitchens in Waters Edge, an upscale subdivision in Stone Mountain, just outside Atlanta.

Here's why: Clark has been trying to sell her home for nearly five months and hasn't had one offer — even after cutting the price to $334,900 from $359,000. The problem is that her street is dotted with four foreclosed homes that lenders are trying to unload for less money.

"It's truly affecting the sale of my house," says Clark, 45, who works for the U.S. Postal Service. "Why pay full price for my house when you can pick up a foreclosure for $30,000 or $40,000 less?"

And as thousands of homeowners across the nation are learning, it's not only home values that are being affected by the foreclosure crisis. When foreclosures rise, as they have in Waters Edge and other middle-class areas amid the meltdown of the subprime mortgage market, they can unravel the social fabric and reshape neighborhoods.

The crime rate can rise while the quality of the schools goes down. Homeowner associations can see their treasuries drained. Nearby businesses close their doors, and local tax revenue suffers.

These problems used to be concentrated in poor, urban and minority neighborhoods where mortgage defaults are more common. The real estate boom, turbo-charged by looser lending standards that began in 2000, changed that.

Communities across the country, including some exclusive neighborhoods, have begun to feel the collateral damage of the pandemic use of adjustable-rate mortgages, or ARMs, that required little or no down payments or proof of income.

In the wealthy subdivision of Greenridge in Lithonia, Ga., for instance, 10 homes are for sale from $700,000 to $1.1 million. Six of the owners had interest-only mortgages and couldn't keep up with their rising payments. Four of the homes have gone through foreclosure, says Mike Grier, an agent at Century 21 A-Team.

"The foreclosure trends are definitely accelerating in middle-income suburban communities," says Dan Immergluck, associate professor of city and regional planning at Georgia Institute of Technology.

"What I'm still scared about is the interest-rate resets in the prime market," Immergluck says, referring to the exotic loans made to people with good credit that let them pay only the interest, or even less, until the loans reset to higher rates.

"I'm concerned that could really tip some of these middle- and upper-income neighborhoods, in terms of high foreclosure rates."

Foreclosures expensive

It's difficult to put a dollar figure on the problem. But one study in the Chicago metro area found that each foreclosure costs the municipal governments there more than $30,000, according to the Homeownership Preservation Foundation. One foreclosure will shave up to 1.5% off the value of the other homes on the same block, Immergluck's research found.

But there are other costs, harder to measure, such as feeling increasingly unsafe as foreclosures seep into your community, says Laura Walker, a retired human resource executive.

She fought for years to combat rampant mortgage fraud and foreclosures in Waters Edge by tracing the names of con artists who were buying and selling in the areas, as well as their accomplices, and lobbying authorities to take action.

"We saw evidence of insurgency from drug dealers and criminal activity we certainly did not want," as homes began to empty and thefts in the area increased, she recalls. "It added a sour note about what kind of community we were turning into. We had to get vigilant to let others know we care about our properties and we don't want these unsavory types of people in our communities."

Conditions in Waters Edge have improved recently, but 50 homes are for sale in the neighborhood, 21 of which are foreclosures, says Century 21's Grier.

Georgia wasn't even among the states with the most foreclosures at the end of last year. The most desperate stories are in Rust Belt cities and suburbs in Ohio, Michigan and Indiana, where job losses — the No. 1 reason people lose their homes — are magnifying the fallout.

What's perhaps most worrisome about the rise in loan defaults in the Atlanta area is that what's happening here is beginning to show up in dozens of economically vibrant cities, such as Miami, Sacramento and Boston. Foreclosure rates across the nation are likely to continue to rise through next year as homeowners with ARMs see their payments jump.

A projected 2 million subprime borrowers will lose their homes to foreclosure by the end of this year, according to the Center for Responsible Lending. And that estimate was made late last year, before tougher lending rules began shutting out some homeowners, who might be unable to refinance once their ARMs reset to higher rates.

The difficulties are worse in inner-city areas where poverty and joblessness have been compounded by the troubles that shadow foreclosures.

When John-Paul and Heidi Chandonia moved to Atlanta's Washington Park neighborhood in 2001, they thought it was enjoying an urban renaissance. But once the real estate boom arrived, many residents sold. Homes were flipped from one buyer to another and, in many cases, no one moved in.

Half the homes on the Chandonias' street are now vacant. Some have gone through foreclosure more than once.

A new, two-story home around the corner was vandalized around Christmas. The doors are off their hinges; the heating, ventilation and air-conditioning unit is gone — stolen for the copper coils, which are peddled on the black market. A few doors down, a heroin addict has moved into a vacant home, John-Paul says.

Heidi has called the city's building-code-enforcement department many times, but little has changed. She's contacted neighborhood groups and city officials. But the Chandonias' part of Washington Park continues to decline. In May, a neighbor was dragged behind a vacant house and raped.

That's when Heidi said, "I give up." They put their home on the market. It took a year to get an offer. They now have a buyer and could move by the end of the month.

"Our neighbors want to get out of there, too," says Heidi, 26, who works for an association that builds affordable housing. "It's been too much. It's gotten worse and worse and worse. … It's been extremely stressful just to watch it go downhill and feel that there's not anybody paying attention."

In the upper-middle-class neighborhood of Smoke Rise, 18 miles east of Washington Park, Ann Fulman has had the same feelings.

Her area was one of the early targets of mortgage fraudsters, and she remembers how hard it was convincing regulators and law enforcement that mortgage-paying residents like her were victims as much as the lenders.

"We started talking to law-enforcement agencies, saying, 'We're victims. Come help us,' " she recalls. "They said, 'You're not victims.' … And I said, 'What do you mean, I'm not a victim? I'm living with strippers and convicted arsonists and drug dealers. There are meth labs in my neighborhood. Hello!' "

As homes fall into foreclosure, a neighborhood frequently turns more transient. Investors often buy homes in foreclosure and rent them out if they can't sell them.

"You end up with a very fragmented community," Fulman says. "When investors buy them and turn them into rental property, it can be Section 8 (a government rental assistance program). Not that there's anything wrong with that, but folks come in from a different background with different expectations and don't have the means to keep up the place."

Local schools also suffer when people lose their homes in large numbers. Foreclosures can disrupt not only the tax base of an area, but also the classroom environment.

"It definitely affects education in many ways," says Deborah Crawford, a fourth-grade teacher at Pine Ridge Elementary in Stone Mountain. "This year is very transient. There's a teacher two doors down from me; he started with 22 students in August and only has 10 of the same kids now. How hard is that to adjust to?"

Teachers must spend more time with new students, who are "upset about moving," she says. "It's hard to merge kids in like that. You have to assess them to see where they are (academically). It's unfortunate, but sometimes they get lost" trying to keep up.

Many local governments have been caught off-guard by the economic and social domino effect of foreclosures.

At the end of January, Atlanta officials and non-profit organizations launched an ad campaign to make residents aware of a national foreclosure prevention program and toll-free hotline (888-995-HOPE or 888-995-4673). They hoped to get 5,000 calls from people in Atlanta this year. They blew past that figure last month.

In the suburbs of Gwinnett County, the police department recently created a Quality of Life unit to address problems often associated with foreclosures. Working with other government agencies, the unit targets such issues as building-code enforcement, vagrancy and graffiti. But their powers and resources are limited.

At a town hall meeting last week, residents in a Stone Mountain neighborhood were upset about a vacant home on their block, says Maj. Dan Branch, who heads the unit for the police department.

"Although it's in foreclosure, the bank is not taking ownership, and the people who own the house are not taking ownership, and this house is run down," Branch says. "There are nine (building-code) violations on the house. Teenagers are breaking into it. We can't legally go in. The house is vacant, run-down. It's horrible."

'It's a death spiral'

Last week, all the officers from the Quality of Life unit were temporarily reassigned to try to catch a rapist. Such steps make it difficult to focus resources on less-threatening neighborhood problems.

In some cases, the task of protecting a neighborhood falls to local groups and non-profits. "If you don't have a strong community association with leaders who care and roll up their sleeves and do something, it's a death spiral," Fulman says.

Some states, such as Ohio, have started funds to help cash-strapped homeowners restructure their loans to avoid foreclosure. In Congress, there are proposals to get the Federal Housing Administration to help homeowners with ARMs.

But there's no quick fix. And as foreclosures mount, the spillover effect on suburbanites could worsen before it improves. In Waters Edge, Clark is not only feeling like a victim of foreclosures in her neighborhood; she may soon be part of the problem in another.

She's got a fixed-rate loan on the home she lives in, but when she refinanced her second home 3½ years ago, the mortgage broker "pulled a bait-and-switch on me," she says, and gave her an ARM.

The house, in a nearby subdivision, also had an inflated appraisal, so she owes about $20,000 more than it's probably worth. Meantime, her monthly payment on the second home has jumped from $567 to $1,148, far more than the monthly rent she collects on it.

"I'm going to have to sell it," she laments. "I went out and bought a for-sale sign and am going to try to sell it myself, or it's going to have to go into foreclosure."

Has your community been affected by foreclosures? Are you worried about your mortgage? Tell us your experiences:

Thursday, April 12, 2007

Housing Boom Tied To Sham Mortgages

Lax Lending Aided Real Estate Fraud

By David Cho
Washington Post Staff Writer
Tuesday, April 10, 2007; A01

ATLANTA -- The man was one slick fraud artist.

Phillip Hill lured people to fancy cocktail parties in a $1.9 million mansion. He asked to use their names and credit histories in real estate deals, promising to make them rich. Most got $10,000 checks on the spot for signing up.

By the time the scam unraveled, the credit of those participants had been ruined, hundreds of upscale properties had fallen into foreclosure and real estate prices had plummeted in some of this city's most exclusive neighborhoods. Hill is about to go to federal prison.

Many experts have concluded that the nation's real estate boom of recent years was fueled in part by weakened lending standards that sparked excessive demand and drove up prices. Now, some are worried that the looser standards may have permitted a boom of another kind -- a big expansion of mortgage fraud.

No one knows exactly how extensive the crime has become, but new data from the federal government suggest that it has jumped tenfold since 2000. Prosecutors are finding cases all over the country in which sham transactions, based on fraudulent appraisals, led to homes changing hands at far above their real value. Mortgage lenders failed to carry out the most elementary safeguards.

In some neighborhoods, mortgage fraud became so extensive that it drove up overall home prices. That is what happened in Atlanta. Hill, 50, was convicted last month in what authorities call one of the biggest mortgage-fraud cases in U.S. history. It involved 400 fraudulent loan applications; nearly $100 million in mortgages; and 120 closing attorneys, appraisers, mortgage brokers and others who prosecutors say were in on the scam.

Federal prosecutors say this kind of fraud is hardly unique to Atlanta -- the lax lending standards that Hill exploited have existed throughout the country in recent years.

In Broomfield, Colo., Gerald Small pocketed $21.5 million and bought two jets after he got bogus home loans using personal information from people who responded to a help-wanted ad; he was convicted. In Kansas City last year, Brent Michael Barber was sentenced to 12 years in prison for paying residents of a low-income neighborhood $2,000 each to use their names in 300 fraudulent loan applications. In Jacksonville, mortgage broker J.R. Parker and closing attorney Dale Beardsley were convicted in 2005 for a fraud scheme in which they netted $14 million in cash, six luxury cars and two $1 million homes.

Federal law enforcement officers say that with heavy demands on them from homeland security, they have had the resources to shut down only the worst offenders.

"By the time we prosecute, the damage has been done, the neighborhoods are already destroyed and the money is gone," said David E. Nahmias, the U.S. attorney who oversaw the Hill case.

In Atlanta, entire neighborhoods and condominium developments, especially those in affluent areas, were hit by organized fraud rings. Initially, these schemes pumped up housing values for everyone as artificially high appraisals helped the swindlers get inflated loans. Legitimate home buyers rushed in to get a piece of what they thought was a soaring real estate market. Now as the fraud is being exposed, their home values are taking a hit.

As more of these cases come to light around the nation, the question is: How much did an epidemic of fraud contribute to the frenzied housing market of recent years?

Liar Loans and Straw Buyers

Thirty years ago, most Americans got their mortgages at a savings-and-loan association from bankers who obeyed conservative lending rules. But sweeping changes in the finance world have created a far different system. It has helped raise homeownership to record levels, but many real-estate professionals say it also has led to far looser lending standards.

Nowadays, instead of poring over paperwork for weeks, lenders often verify loans through electronic underwriting programs in which numbers can easily be tweaked. About 70 percent of Americans get their home loans from independent mortgage brokers, many of whom are paid bonuses for pushing higher-interest loans.

Close to 90,000 brokers have joined the profession since 2000, according to Wholesale Access, a research firm in Columbia. The field is lightly regulated. Eighteen states do not require criminal checks, the Conference of State Bank Supervisors reports. Undoubtedly, most mortgage brokers are honest, but some have played central roles in recent fraud cases.

The housing boom brought another change. Mortgages are no longer held for long by banks but are packaged together as massive bonds and sold on Wall Street. Propelled in part by demand for these bonds, companies began offering loans that required little or no documentation of borrowers' income.

These "stated income" loans were designed for a limited purpose: giving self-employed people a crack at homeownership. But during the boom, the number of such loans exploded to the point that they became a running joke in the industry, earning the nickname "liar loans." Estimates vary widely, but research suggests that they made up a significant portion of all mortgages during the boom -- 58 percent in a study by First American LoanPerformance.

Mortgage lenders in theory have a right to compare loan documents to a buyer's tax returns, but they rarely do. In the few cases where it has been done, results were startling. In a study published by the Mortgage Asset Research Institute, one lender sampled 100 stated-income loan applicants and found that 90 had exaggerated take-home pay by 5 percent or more and that nearly 60 inflated their pay by more than 50 percent.

Mortgage originators often neglected extensive document verification because it slowed loan approvals. "Everyone in the mortgage industry is trying to approve loans faster than their competitors," said James Croft, founder of MARI in Reston. "They all offer the same basic rates and the same basic mortgage products. But if I can get the loan faster, that gives me a competitive advantage."

Many industry experts say stated-income loans became an invitation to fraud, while mortgage brokers -- paid commissions to put loans through, not slow them down -- often looked the other way.

In this climate, industry people say, fraud of two types became easier.

In the first type, known to law enforcement as "fraud for housing," people lied on their mortgage applications to get into homes they otherwise could not afford. Even on a loan where the buyer is asked to provide no proof of income, lying about it on the application is a federal crime.

A more insidious type -- "fraud for profit" -- also spread. Involving scam artists taking advantage of the looser standards, many of these schemes drew in corrupt appraisers willing to overstate the value of properties, "straw buyers" who were paid to lend their names and credit histories to a transaction, and closing attorneys who kept banks in the dark.

The growth of mortgage fraud has outpaced other types of financial crimes, the Treasury Department reports. From 2002 to 2004, mortgage fraud reports nearly doubled each year. Over that period, mortgage fraud convictions by federal prosecutors fell.

The Treasury Department received a record 37,313 mortgage fraud reports in 2006, 10 times more than in 2000. But the true incidence is almost certainly higher because the government gets reports only from regulated institutions, not including the nation's 53,000 mortgage-broker firms.

"Nobody wants to go in there and expose how big this is," said Chris Klein, a finance manager at Howard Hanna Mortgage Services, a Pittsburgh mortgage broker, echoing the comments of several brokers around the country. "In the industry as a whole, it's a running joke. If you want to get a loan done, any loan, you can get it done."

Hill's 'Business Model'

Phillip Hill allegedly ran small-scale frauds in Florida and elsewhere for years, and he was caught and convicted in one case. But when he arrived in Atlanta in the late 1990s, that past was invisible. It is now apparent that he came to town with big plans.

Described as soft-spoken but charismatic, Hill broke into the city's elite circles by throwing lavish parties at an estate a few blocks from the Georgia governor's mansion. Influential people began coming to him for their housing needs. Hill rented homes to several prominent Atlanta figures, including Robert L. Nardelli, the former chief executive of Home Depot.

Prosecutors said Hill and his accomplices sought short-term loans from friends and associates, including business leaders and professional athletes. The ring bought homes, then transferred them to straw buyers Hill had recruited. Using inflated appraisals and other doctored papers, the group took out big mortgages that allowed it to repay the short-term loans and pocket hefty sums.

Some home prices were inflated by 100 percent or more. One estate was pumped from $1.9 million to $5.5 million in two weeks, according to court documents. Hill's personal take from the scheme is estimated at $14.5 million, prosecutors said.

Prosecutors think most of the straw buyers, some just college students, did not know what Hill was doing with their names and credit histories. Several later testified that Hill's attorney flipped through loan documents so fast at closing that they hardly read what they were signing. Most apparently thought they were becoming the owners of homes Hill would maintain and rent out to make the monthly payments.

In truth, neither happened. Most homes fell into disrepair. Others were stripped of their appliances and fixtures, including the mansion where Hill hosted his cocktail parties. As the scam unraveled, more than 300 homes fell into foreclosure.

Mortgage lenders later acknowledged that they failed to perform basic checks into hundreds of Hill loans. They estimated their losses at $41 million. Some of that will be absorbed by Fannie Mae and Freddie Mac, the huge government-created housing corporations in Washington that help package home loans into bonds for sale on Wall Street.

At trial, defense attorneys argued that Hill was unaware that his "business model" was against the law and that his underlings doctored loan applications without his knowledge. The jury did not buy it. On March 14, Hill was convicted of 166 counts of fraud and money laundering. He has not been sentenced, but after the verdict, Judge Thomas W. Thrash said Hill "is looking at spending the rest of his life in prison."

Hill's attorney, Bruce H. Morris, said his client maintains his innocence and plans to appeal.

Nine accomplices, including appraisers, real estate agents and closing attorneys, were convicted. Thirteen others pleaded guilty. Many straw buyers saw their credit ruined.

Hardest-hit by the scheme were honest homebuyers. Mortgage fraud experts estimate that Hill's scam, and others like it, have put several thousand homes into foreclosure, driving down values.

Bill Cleary was one of the first to buy a condo in Deere Lofts, in a bustling area in downtown Atlanta. He was lured by the amenities -- hardwood floors, high ceilings -- as well as advertisements glamorizing the area. In 2001, he paid $213,000 for a two-bedroom unit.

Then Hill bought 40 units at a discount from the builder and started flipping them for about $400,000. The non-Hill condos left on the market were quickly snatched up.

But all of Hill's units ended up in foreclosure. Because Hill stopped paying homeowner dues, the condo association nearly went bankrupt and the building went downhill. Three years after Cleary bought his place, comparable two-bedroom units were selling for $130,000. "All of the promises they made went up in smoke," Cleary said of the developers.

Anne Fulmer's neighborhood, in Atlanta's affluent northern suburbs, has been hit by four mortgage fraud rings since the late 1990s.

The scams motivated Fulmer and others to form a coalition of prosecutors, police, homeowners and real estate agents to fight back. The Georgia Real Estate Fraud Prevention and Awareness Coalition got a tough mortgage-fraud law through the state assembly.

In national surveys, Georgia has been identified as a fraud hot spot. But Fulmer says that is because people there have become so aggressive about identifying the problem. She says she wonders how many homeowners across the country bought in neighborhoods where values were driven up by fraud but don't know it yet.

"It happens everywhere and anywhere," said Fulmer, who is now vice president of Interthinx, an anti-mortgage-fraud company. "If the true scope was discovered, I think it would cause a major crisis."