New State Bill to Punish Mortgage Fraud
The Post-Dispatchis reporting today on a new bill being sent to Governor Blunt creating a specific crime and punishment for mortgage fraud. Here are some excerpts and comments on the article:
The legislation defines mortgage fraud as making false statements or failing to disclose material facts. It creates fines and allows for the licenses of real estate brokers, agents and appraisers to be revoked. It also bars attempts to influence real estate appraisals through extortion or bribery.
Pearce’s bill allows for civil fines of up to $2,500 per violation for those who commit mortgage fraud. It also makes mortgage fraud a felony punishable by up to seven years in prison.
State appraisers and real estate commissions and the state finance division also would get more power to investigate allegations of mortgage fraud and the ability to levy even higher fines — up to $5,000 per violation.
That all seems fairly reasonable to me. It should surely have an impact on the market and help keep some unscrupulous people out of the business during the next boom. Of course, the extortion and bribery are already crimes, so I’m not sure why it was necessary to add that to the legislation.
Rep. Jeff Harris and Pearce had filed separate legislation that bars charging fees for early mortgage payments, directing consumers eligible for standard loans to subprime deals, and persuading borrowers to take out new loans unless there is a clear benefit.
That legislation also would require lenders to ensure consumers can afford monthly payments on variable rate mortgages when interest rates increase, create a legal responsibility to act in borrowers’ best interests and allow lawsuits from consumers for violations.
Harris, D-Columbia, said the bill approved Thursday “doesn’t do anywhere near what it should be doing” for lawmakers to claim that they have addressed problem mortgages.
Okay, Mr. Harris, I believe you are going a bit far there. As consumers we still have some responsibility as well. No one is telling us we shouldn’t buy that car because it will cost too much in 2 years when we lose a job. No one tells us we shouldn’t buy that big TV on the credit card because the interest payments will be too much to handle when the economy slows down.
If anything, maybe the legislation should include some provisions for consumers who knowingly sign false documents stating a much higher income. Why do we only punish the business? Where is the individual responsibility for their own actions. Sure, the business shouldn’t do something to knowingly deceive the consumer, but the consumer shouldn’t do something to knowingly deceive the business either. There’s two sides to this coin.
You can read the full text of House Bill 2188 here. It’s only 12 pages, and it’s big print, but that doesn’t mean it’s easy to read! If you aren’t confused by the end of page 3 you must be a lawyer!

