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Deals leave home buyers devastated
Cleveland Plain Dealer ^ | Sunday, October 09, 2005 | Michael O'Malley

Posted on 10/09/2005 6:34:13 AM PDT by Excuse_My_Bellicosity

Angela Brown of Euclid, a single mother living with little income in a government-subsidized apartment, bought five houses in one day, qualifying for hundreds of thousands of dollars in loans that she has no way of paying off.

David Crosby of Cleveland, a night-shift postal worker, bought six houses - four in one day - through an identical loan deal that plunged him into a sea of debt.

Brown and Crosby were each looking for investment income in 2004: She needed to pay college tuition; he wanted to go into retirement with a healthy nest egg.

So when Daryle Rutherford of J. Rutherford & Associates, an investment property manager, offered each of them ownership of rental properties with easy terms and little or no down payments, they signed the papers.

Now Crosby and Brown are in financial ruin, the FBI is looking at them, and their 11 Cleveland houses are empty and in foreclosure, adding yet more blight to one of the poorest cities in the nation.

Brown and Crosby are either victims of their own stupidity or dupes in a type of housing con game that city leaders see as a growing cancer, destroying Cleveland neighborhoods.

Rutherford, who could not be reached for comment, worked the deals through the fast and loose world of sub-prime mortgage lending, which extends credit to high-risk borrowers at fees and interest rates typically higher than conventional loans. Sub-prime loans, common in low-income neighborhoods, can require little financial information from home buyers.

Brown and Crosby became landlords without knowing what their properties looked like or where they were located. They soon discovered that their so-called income properties were dilapidated money pits, some of them in the poorest sections of Cleveland.

Now Brown, 30, is strapped with $355,000 in notes on a scattering of junk houses, hardly worth half of what she owes on them.

Crosby, 48, is stuck with $483,000 in notes on a collection of urban eyesores, including condemned crack houses. Both face jail time for housing code violations.

One of the houses in Brown's collection was priced at $79,000 but had sold just a year earlier for $27,000, records show. Crosby paid $86,000 for one house that is boarded up and stripped of its plumbing.

A report by Cleveland's Housing Court says Crosby's houses were priced about three times higher than what they were worth.

"I sit down and cry sometimes," Crosby said in an interview last month.

The FBI began investigating the deals about two months ago. The federal agency does not acknowledge investigations, though Crosby and others involved in the deals, including a title company and an appraiser, said agents are asking questions and taking documents.

Brown and Crosby say they didn't realize what they were doing when they signed the mortgage papers. Crosby said he thought he was getting into a business venture with Rutherford's company, which, he believed at the time, would manage and maintain the properties for a cut of the rent money.

Crosby said he has been had. "I feel like kickin' someone's butt," he said.

Brown said she got caught up in "a whirlwind," but she declined to discuss it further.

Over the past few years, city leaders have seen an alarming rise of speculators working risky deals that profit themselves, bankers and brokers, but plunder equity from neighborhoods.

The name of the game is predatory lending, and its goal is quantity, not quality. Predatory mortgage brokers and middlemen quickly close deal after deal, turning sale after sale, sometimes on the same property, always at a profit. They make money on fees charged from lenders.

Predatory lending can be legal, but it can create a culture for fraud and reckless deals such as no-money-down mortgages and so-called "liar's loans," which require no proof of income. Predatory lending is one of the reasons for a recent rash of foreclosures throughout the state, making Ohio the nation's leader in both total foreclosures and sub-prime foreclosures.

In Cleveland and its inner-ring suburbs, predatory lending is frustrating city officials trying to preserve property values. An empty, boarded-up house can quickly run down values of nearby properties, spreading blight like toppling dominoes.

"It's a plague on our city," said Councilman Mike Polensek. "And it's spreading to Cleveland Heights, Euclid and other inner-ring suburbs."

Officials lay part of the blame on a growing presence in the Cleveland area of an aggressive sub-prime mortgage industry, which can be a help to home seekers with bad credit but, left unregulated, can breed fast-buck mavericks working shady deals.

"These guys have a license to steal," said Polensek. "They ought to be wearing masks."

Councilman Tony Brancatelli described them as "mortgage brokers dealing out of the backs of station wagons."

Councilman Jay Westbrook called them "hyenas, cleaning the bones" of struggling neighborhoods.

Municipal Housing Court Judge Ray Pianka said, "I don't know if any of us know how big this is. But I think it's really a crisis here. And until the mortgage companies look who they're lending to, it's not going to go away."

Paper trails for the Brown and Crosby deals are sketchy, as much of the settlement information, such as appraisals and middlemen profits, is not public record. Brown refused to disclose her settlement papers. Crosby did not have all his paperwork.

Attempts to reach Rutherford, who according to records recently lived in Pepper Pike, were unsuccessful. Phone numbers for his business, residence and cell phone are disconnected.

Dan Spahr, president of Greater Cleveland Appraisals Inc., a Fairview Park company that appraised Crosby's properties, said he has been trying to track down Rutherford for a year but can't locate him. "He owes me a grand," he said.

Citing privacy laws, Spahr declined to show the appraisals to The Plain Dealer, though he acknowledged that he gave them to the FBI when an agent asked for them about two months ago.

The broker on the Brown and Crosby deals was iNet Mortgage of Fairlawn. Chad Cook of iNet said he "vaguely" knew Rutherford.

Crosby, however, said Cook and Rutherford took him to the Cheesecake Factory at the Legacy Village shopping center in Lyndhurst when the deals closed. Cook said, "That's not correct."

When The Plain Dealer told Cook that Brown was unemployed when she signed the closing papers on the five properties, he said, "That's not what she told us."

Asked whether he asked her for proof, he said, "Normally, the lender does verification of employment."

The lender for all of Brown's properties and four of Crosby's was California-based Argent Mortgage Co. Argent spokesman Chris Orlando said the company would not comment on particular cases, but added, "We do require borrowers to certify their incomes."

Argent is a subsidiary of ACC Capital Holdings, the nation's largest sub-prime lender.

ACC and its companies, which include Ameriquest Mortgage Co., have been targets of lawsuits and investigations nationwide by consumer groups and government regulators alleging fraud and questionable lending practices.

Last month, Argent was forced by the state of Georgia to sign a consent order, pledging it will "cease and desist" violating state mortgage laws.

Orlando said the company is cooperating with Georgia's Department of Banking and Finance.

In a written statement, he said, "The FBI calls mortgage fraud a 'pervasive and growing' problem. Argent Mortgage is diligent in identifying and preventing fraud because it is bad for communities and lenders alike."

To reach this Plain Dealer reporter:

momalley@plaind.com, 216-999-4893


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Ohio
KEYWORDS: greed; housing; kiyosaki; re; realestate
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To: Excuse_My_Bellicosity

They forgot the first rule of Monopoly. Never put houses or hotels on Mediterranean Avenue. KNOW your real estate before your shoe passes GO.


41 posted on 10/09/2005 7:08:29 AM PDT by small voice in the wilderness (Behold the Riderless Pony. Bringing doom and destruction on a smaller scale.)
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To: Excuse_My_Bellicosity
Angela Brown of Euclid, a single mother living with little income in a government-subsidized apartment, bought five houses in one day, qualifying for hundreds of thousands of dollars in loans that she has no way of paying off... Brown and Crosby were each looking for investment income in 2004: She needed to pay college tuition...

I series doubt that a single mother with little income living in welfare housing would have to pay tuition in any amount, whether she's going to Case Western U or Cleveland Community College.

42 posted on 10/09/2005 7:09:04 AM PDT by Labyrinthos
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To: Tax-chick
There's one born every minute ...

Prompting Mrs. P.T. Barnum to invent the baby bottle. ;)

43 posted on 10/09/2005 7:09:07 AM PDT by laredo44 (Liberty is not the problem)
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To: Excuse_My_Bellicosity

"Idiots!"

44 posted on 10/09/2005 7:10:37 AM PDT by Excuse_My_Bellicosity ("Sharpei diem - Seize the wrinkled dog.")
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To: SamAdams76
A fool and his money are soon parted.

In this case, a fool and someone else's money are soon parted.

Key word here is stupidity.

I've got a bridge to sell them.

45 posted on 10/09/2005 7:12:06 AM PDT by Right Wing Assault ("..this administration is planning a 'Right Wing Assault' on values and ideals.." - John Kerry)
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To: laredo44
Crosby said he has been had. "I feel like kickin' someone's butt,"

Is a possible to kick your own butt?

46 posted on 10/09/2005 7:15:29 AM PDT by JIM O
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To: small voice in the wilderness
Rental properties usually have a negative cash flow. This is particularly true of rent controlled properties. Its hard to attract suitable tenants who will pay the rent on time and as a landlord one is stuck with look after the maintainance, repairs and taxes. There's not much left over for a decent profit.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
47 posted on 10/09/2005 7:16:07 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Excuse_My_Bellicosity
How somebody could go buy houses (plural, no less!) without giving the slightest thought to how they can pay them off is beyond me.

This is what comes of people thinking that as soon as they scream "victim", someone else will come along to bail them out of the mess created through their own stupidity.

48 posted on 10/09/2005 7:16:15 AM PDT by hoosier_RW_conspirator
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To: Excuse_My_Bellicosity
"For the love of money is the root of all evil: while some have coveted after, they have erred from the faith,and pierced thenselves with many sorrows." 1 Timothy 6:10

This applies to both parties in this case.

49 posted on 10/09/2005 7:16:40 AM PDT by ol' hoghead
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To: Excuse_My_Bellicosity
I agree the lenders should be nailed in a serious way.

As far as "loan counseling" for the dum dums, that is just.........

50 posted on 10/09/2005 7:19:00 AM PDT by ChildOfThe60s (If you can remember the 60s......you weren't really there.)
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To: Excuse_My_Bellicosity
Bwhahaha! THAT'S what I'm talkin about. Idiots.

"Yeah, I'm pretty much a land baron now".

51 posted on 10/09/2005 7:19:53 AM PDT by small voice in the wilderness (Behold the Riderless Pony. Bringing doom and destruction on a smaller scale.)
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To: hoosier_RW_conspirator
So Sad, Oh well. Maybe I can get a shot a the next crack house without plumbing that becomes available.
52 posted on 10/09/2005 7:20:13 AM PDT by JIM O
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To: Excuse_My_Bellicosity

Consider that many of these people may have voted for Dennis Kucinich.


53 posted on 10/09/2005 7:20:29 AM PDT by DarthVader (Liberal Democrats = The Excrement of America)
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To: hoosier_RW_conspirator
I recall back in the 80s they enticed investors with lots of land in Florida that turned out to be worthless. I think was Reed who said to Morley Safer at that point Americans always wanted to buy something for nothing. With the No Money Down movement, they got their wish.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
54 posted on 10/09/2005 7:20:34 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: JIM O
Seriously - would you like to be a landlord in a high crime neighborhood? Just transacting ordinary business is in itself an ordeal. Thankfully I've never lived in a crime pit. I pity those trapped in that hell.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
55 posted on 10/09/2005 7:22:47 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: laredo44

LOL! Good one!


56 posted on 10/09/2005 7:23:08 AM PDT by Tax-chick (When bad things happen, conservatives get over it!)
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To: goldstategop
I am quite sure I don't I want to own in a high crime area. It is unlikely I ever will. I have a real strange way of going about deciding which properties I buy. One of the first things I do is look at it. I know these buyers thought that was a waste of time.
57 posted on 10/09/2005 7:27:32 AM PDT by JIM O
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To: goldstategop
Judging from this story, some people are gullible enough to believe anything they're told.

How do you think Democrats get elected? :)

58 posted on 10/09/2005 7:29:11 AM PDT by MSSC6644
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To: JIM O

Agreed, the kick in the butt should start with his own. The loaner is a scumbag who should be in jail on fraud charges, but that doesn't excuse allowing yourself to get into such a bad deal when there were red flags all over the place.


59 posted on 10/09/2005 7:30:13 AM PDT by Excuse_My_Bellicosity ("Sharpei diem - Seize the wrinkled dog.")
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To: JIM O
You have good sense. One should take a look at what one is buying. If its worth the price, then buy it. Otherwise walk away. And these people took the lenders for it they were prime properties? ROFL. I have no sympathy whatsoever for losers who don't bother to even do what to every one else is the obvious: look at what's being described and think over whether its a good deal.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
60 posted on 10/09/2005 7:31:15 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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