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Just a thought here regarding the homebuilders. They are cheap and do present some interesting value here. Wages are growing. It is mostly a supply issue which can be worked off. Sentiment is at all time lows. So is it time to buy them?

Not yet. Something far scarier than a supply glut or slowing economy is staring them right in the face.

It's called regulation and investigation. The real estate industry is riddled with corruption, beyond that even seen on Wall St at its worst moments. Ask anyone remotely familiar with the Mortgage industry. Or anyone who understands the dynamics of a "buyers agent".

Appraisers, Real Estate agents, Mortage Brokers, Lenders, Title Insurers. All in bed together. And conspiring together to make a sale and inflate the price. If you work in the industry you know exactly what I am talking about. Or if you are savvy and recently purchased a home you may have noticed it as well. There are obscene amounts of obscure fees involved in each of these transactions, from title insurance to points on a mortgage. And even more egregious is the bogus appraisals that are determined by the pockets of Real Estate agents and mortgage brokers.

They have been fleecing the average American of significant sums of money, in numerous ways, yet no one mentions them. The financial press loves to harp about the housing bubble, and as a result have helped spark this cool down. But they have missed their call to duty, which is to expose such behavior.

So to my point, I think the most significant headwind of all for the home builders is looming regulation. We know as well as anyone what a bursting bubble can do to an industry, and it starts and ends with regulation and investigation. When big money is being made, corruption is bred. Real Estate markets are no different. You can analyze all the economics and fundamentals, but the real reason to steer clear of these companies is staring right in our faces. Corruption.

Call me a cynic, but I doubt the big home builders were the exception to this. If history tells us anything, we should guess they were leading the charge. Options backdating will be a misdemeanor compared to the things Eliot Spitzer could find were he to divert his attention away from Wall St.

As a disclaimer, I have no hard evidence of this and it is really just a hunch. But as they say, where there is smoke… there is fire.

Disclosure: Author has no position in homebuilder stocks

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This article has 10 comments:

  •  
    All is not right with the industry -- but I have yet to hear of a realtor or appraiser losing their license for unethical behavior, much less prosecuted. Anybody have any examples?
    2006 Nov 15 10:48 AM | Link | Reply
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    The sky is falling-the sky is falling! That's quite a stretch, to compare real estate corruption to wall street scandals! The real estate market is already transparent-and buyers agents and sellers agents have strict fiduciary responsibilitys to their clients-a change instituted specifically by the enactment of 'buyers brokerages" laws. Mortgages have always been transparent, with standarized HUD-1's and good faith estimates to compare line by line, if you take the time. It's generally those unrepresented who are taken advantage of. And "title insurance" as an obscure fee? Come on!
    2006 Nov 15 11:02 AM | Link | Reply
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    Title Insurance is not an obscure fee, its rather large. But you dont think that charging people anywhere from 1000-3000 for a simple search for liens is a bit extravagant???? Im not claiming the sky is falling. I was simply trying to provoke thought here. And i disagree with u regarding HUD documents. These things are filed away with the brokers and are swept under a rug. I dont see any of the transparency you are reffering to. "Fiduciary Responsibilities: yes, they do have them. And i am suggesting that they are more frequently violated than most think. How is a situation where the buyer and seller agents are sharing a commision not lead to collusion in at least some instances?????

    Time will tell. and as i said i have no hard evidence of this other than what i see and hear from those in the industry. I sincerelely hope i am way off here. However, i suspect that such behaviors are more prevalent than most think.
    2006 Nov 15 11:20 AM | Link | Reply
  •  
    I agree w/Michael Church's article. It's astounding to me that the activities in the housing industry have escaped those who invest in it. Are they not looking or do they not want to see?

    E.g., KB Home, the builder now under SEC investigation, was fined millionls, previously, by the FTC and HUD. They are not the only builder doing these things, but they've been in the news the most about getting caught. Many homeowners complain about predatory lending, seriously shoddy construction, breach of warranty, dishonest practices, etc, going on in real estate. But unless banks are hurt, law enforcement often looks the other way. Another example, the F. Jeffrey Miller case that only this year resulted in indictments. Check this news page for more examples: www.hadd.com/dailynews...

    As for real estate agents being stripped of their license, I have certainly read of it happening. I don't believe that people look for this, or even know WHERE to look for this, unless they find themselves embroiled in a dispute of their own, and refuse to take it lying down.

    Same goes for homebuilder complaints, bribing appraisers to make the value come in higher, title insurance investigations, IRS crackdowns on down payment assistance programs that are not charities but money-laundering vehicles for sellers and builders, etc.

    Way to go, Mr. Church! GREAT article.
    2006 Nov 15 12:42 PM | Link | Reply
  •  
    Being "unrepresented" and "taken advantage" of as a result, doesnt exactly scream ethical. Id be curious to hear from those more ethical industry members who undoubtedly have a solid perspective on this. Just trying to spark thought.
    2006 Nov 15 11:24 AM | Link | Reply
  •  
    www.tbo.com/news/metro...

    makes you say, hmmmmm
    2006 Nov 15 11:36 AM | Link | Reply
  •  
    Two articles from Realty Times you might find interesting:

    Older article on fraud: realtytimes.com/rtcpag...

    Newer article on problems with using builder's in house mtg co: realtytimes.com/rtcpag...

    Recent article from RISMEDIA about title kickbacks: rismedia.com/index.php.../
    2006 Nov 15 03:27 PM | Link | Reply
  •  
    Thanks for the info. I recently bought a home and had i not had a good friend in the mortgage industry to point some of these things out, i may have never noticed. And as i watched the process unfold it became clear to me that a good deal of these fees and various services were less than reputable.
    2006 Nov 15 06:17 PM | Link | Reply
  •  
    www.boston.com/news/lo.../ Agent admits inventing sales
    2006 Nov 16 07:05 PM | Link | Reply
  •  
    Mr. Church, excellent article for telling it like it is. Your last paragraph states: "I have no hard evidence of this and it is really a hunch...where there is smoke..there is fire."

    Contact me in Oakland County Michigan, if you want hard evidence.

    I am a librarian and this is what I discovered. On the same date, the presiding judge put me in a room with another judge, who in his robe, in a standing position exclaimed "ANARCHY", and wouldn't let me speak; the presiding Judge McDonald then paid off his mortgage; my attorney and the judge both paid off mortgages and purchased new real estate without selling their homes within the same 21 day period. The the Judge stated on the record. "Give the [$25,000 Frankenmuth Mutual Insurance] check to her attorney, who then embezzled and converted by depositing without the lawful endorsement at Fifth Third Bank. Now the same Fifth Third Bank is suing this same attorney for a massive mortgage loan fraud scheme involving the very same employees involved in the coverup of the embezzlement of my check. Sure looks like bribes from the builder's insurance co.

    The home in question, had improperly mixed mortar which did not bond with the brick and lacked code required wall ties on the 2+ story home. The house was bricked by illegal mexicans. The judge told the builder to sell it for more, which he did as my contract was for $285,000 and the builder sold the home for $411,000 for this severly defective new construction.

    Corruption, Organized Crime, maybe even the mafia.
    2006 Nov 15 07:51 PM | Link | Reply