Complaints on rise before subprime crisis

Discipline panels do land-office business

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Little noticed in good times, state real estate licensing boards are attracting more attention nationwide, with risky home-lending practices fueling an increase in complaints and investigations.

"Whenever you have a hot-button issue like this (subprime crisis), you will see increased activity before the board," said Staci Schneider, a representative of the Indiana Attorney General's office. "Consumers are now focused on this issue."

Indiana is not the only state to report increases in complaints involving mortgage and real estate trasnactions, with Michigan and Illinois licensing boards also handling increased work loads, even before the subprime crisis.

Michigan investigated 345 complaints against appraisers in 2006, as compared to 162 two years before, according to data from the Michigan Bureau of Commercial Services.

In Illinois, the Department of Financial and Professional Regulation has mounted several high-profile prosecutions of mortgage fraud rings since the office was consolidated two years ago.

In May, 18 loan officers and appraisers were disciplined for their involvement in a flipping scheme that involved at least 100 homes in the Chicago area. The fact that some were bought and resold for more than $100,000 in an hour's time aroused the department's suspicion.

"We do real estate enforcement like the police enforce speeding laws," said Susan Hofer, a department spokeswoman. "You won't catch everyone. But if you are forceful and aggressive, people will watch what they're doing."

After the formation of the Indiana Attorney General's homeowner protection unit in 2004, charges forwarded to the state's real estate licensing boards surged to 186 in 2006, compared to just 20 two years before.

Marion County led all Indiana counties in the number of licensees charged by the Indiana Attorney General's homeowner protection unit. Since 2005, 69 appraisers and real estate agents have been charged in Marion County. In Allen County, 32 were charged. In Lake County, 18 were charged.

Several high-profile real estate fraud cases in Allen County appear to have fueled complaints against appraisers there, with 31 appraisers brought up on charges. That is far more than Lake County's total of 18, even though the two counties have a similar number of licensed appraisers.

The Indiana attorney general's homeowner protection unit was authorized by legislation passed by the General Assembly in 2004. The state was under pressure from the federal agency that oversees state appraiser boards. It had cited Indiana for being "deficient" in handling consumer complaints.

Funding for the unit comes from a $10 surcharge the legislation imposed on licensees.

That money now funds a staff of 24 whose members work on homeowner protection and mortgage-related cases, according to Gabrielle Owens, head of the attorney general's consumer protection division.

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