05
Jun
2007
Posted by Jay - The Phoenix Real Estate Guy as Real Estate
I'm not easily blown away by anything I read these days. But I just read a post on The Butterworth Group Blog that floored me…
An Associated Press article titled, "Bad Credit, Use Someone Else's, and this Little-know Loophole, to Buy a House", appears on AZCentral.com today (and 233 other news sites).
In a nutshell: There is a company out there that (for a hefty fee) will connect two people — one with poor credit and one with excellent credit. Mr. Poor Credit is simply added to one of Mr. Excellent Credit's accounts as an "authorized user". The credit bureaus then see Mr. Poor Credit on an account in good standing and *poof* up goes Mr. Poor Credit's FICO score.
Just like magic. And with no effort what-so-ever on Mr. Poor Credit's part. Well no effort other that taking a crow bar to his wallet and forking out $900 bucks — a portion of which now lines Mr. Excellent Credit's pockets.
My first question was simply, "is this legal"??? Apparently it is. For now.
My second question was really more of a statement: This is fraud, plain and simple.
Read the article. There's an example of a real estate agent / mortgage broker that did this and raised his FICO score from 550 to 715 and secured a mortgage based on his completely falsified FICO score. (wonder if he did his own loan too?)
Now there are many who say that lenders put too much emphasis on FICO scores. And there may be some plausible arguments for that case. But that does not change the fact that "renting" someone's credit, "piggybacking", what ever you want to call it is wrong. Is is fraud.
All multifarious means which human ingenuity can devise, and which are resorted to by one individual to get an advantage over another by false suggestions or suppression of the truth. It includes all surprises, tricks, cunning or dissembling, and any unfair way which another is cheated.
Source: Black’s Law Dictionary, 5th ed., by Henry Campbell Black, West Publishing Co., St. Paul, Minnesota, 1979.
I'd love to hear other's opinions on this, particularly some of our Mortgage Broker / Banker readers out there.
Updated: I'm no attorney. In *my* book this is fraudulent activity. Is it legal fraud — I can't say, though it has got to be really toeing the line if it's not crossing it. It's most certainly "moral fraud". Check out the comments as some lending folks begin to chime in…
More bloggers opine: Blown Mortgage, HousingWire, CalculatedRisk, XBroker, Santa Fe Team, CreditBloggers
Technorati Tags: mortgage fraud, FICO scores
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39 Responses
john
June 5th, 2007 at 8:55 pm
1I have gone through your web page its interesting and i have gathered some valuable information, to get more valuable information visit.
poor credit loans
Chris Butterworth
June 5th, 2007 at 9:25 pm
2Hi Jay,
Thanks for the nice mention, especially when you could have just as easily cited AZCentral.com! I don’t usually get too fired up over things, but this one rubbed me the wrong way - I’m interested to see what your mortgage readers have to say (or realtors whose clients have used this trick.) And it’s one of those stories to keep our eyes on in the background…
Jay - The Phoenix Real Estate Guy
June 5th, 2007 at 9:36 pm
3Chris - you’re more than welcome. I give credit where credit is due and I read it at your place first. You folks crank out some good stuff (and a lot of it!) over there!
And yeah, it *really* rubbed me the wrong way too…
Hopefully some of the mortgage folks will stop by.
Brian Brady
June 5th, 2007 at 9:44 pm
4I guess I’m officially getting old. This is a new one to me.
I’m sure it would work. I imagine it’s legal. Does it seem right? I don’t think so.
I have never been a huge fan of credit alteration other than improvement due to incorrect information. I’m a bit skeptical of stories of scores rising from sub 600 ro 700 plus due to minor improvements.
Again, I might be egtting old but it just SEEMS like you’re gaming the system if you try this.
BR
June 5th, 2007 at 9:55 pm
5I saw this on Fox this morning and to be honest, I have to wonder how stupid good credit guy has to be. Seriously. The bad credit person has already proven himself unworthy of credit, and then somehow proves themselves more trustworthy by going around the system to get a home? What stops said bad credit guy from stealing more than just good credit guys score… This is just stupid but it goes right to the heart of what is wrong with our credit rating system that we have resorted to this. Insanity.
Morgan
June 5th, 2007 at 10:12 pm
6I have a post coming on this as well but here is my take on it:
Is it fraud? I’m no lawyer but by the definition above I think it is probably questionable at best. Consider “get an advantage over another by false suggestions or suppression of the truth”
Is it a false suggestion? Not really - their credit score did improve via having an authorized signer relationship with the good credit person. Is it suppression of the truth? Not really - the authorized signer’s card appears on the credit report. So does any derogatory information. The derogatory information doesn’t disappear. There isn’t any law (as far as I’m aware) that states that the authorized signer needs to be a relative or friend before putting a person on a card. People have been using co-signers (and authorized users) from their parents and friends for years.
Whether it is fraud or not is up to the lawyers. I think that it is gaming the system. People will always find ways to game the system; then the system responds and then people game some more. The proverbial cat and mouse game.
With all that being said I don’t like it one bit. It definitely makes me feel dirty. It finds another way to make mortgage people look like scum. What are we going to come up with next? Renting social security numbers?
Morgan
June 5th, 2007 at 10:14 pm
7BR - The way the company describes it is that the bad score person has zero access to the good credit score person’s card, account information and other data needed to utilize the credit for purchasing power or identity purposes.
Jay - The Phoenix Real Estate Guy
June 5th, 2007 at 10:34 pm
8Thanks all for responding. Maybe “fraud” is too strong a word, and I’m not an attorney either. But it just seems wrong. You apply for a loan and basically say, “here is MY credit rating”. But it’s NOT *your* rating, it’s some guy’s rating that you bought.
And wouldn’t Mr. Good Credit’s score go DOWN once Mr. Poor Credit latched on to his coat tails? Yeah that’s just what I need is someone dragging down my score so I can get a hundred bucks.
It’s gaming and manipulation. In my book that = cheating. Maybe from a legal technicality cheating does not = fraud, but it’s awfully damn close. If it’s not legal fraud, it’s “moral fraud”.
Morgan
June 5th, 2007 at 10:54 pm
9Jay I agree - I’m calling BS on these shenanigans. It’s definitely morally wrong. I spewed, I mean posted a bit more over at my home base:
http://www.blownmortgage.com/b....._sale.html
Thanks for the great topic.
Brian Brady
June 5th, 2007 at 11:01 pm
10Morally fraudulent is the right term…and it’s wrong
Chris Butterworth
June 5th, 2007 at 11:20 pm
11The way I read it, Mr. Bad gets added to Mr. Good’s account for a month or so, then gets dropped off. The account in question continues to show up on Mr. Bad’s credit report forever as an account he was a part of, even though he doesn’t have & never had access to using that account. Mr. Good’s credit shouldn’t go down, since he’s not assuming any of Mr. Bad’s credit, and he’s not letting Mr. Bad skip out on not making payments.
Mr. Bad gets a world of new opportunity for better loans.
Mr. Credit Broker gets $800.
Mr. Good gets $100.
Mr. Mortgage Company gets increased risk for his return on investment, only without having knowledge of it.
Doesn’t seem like a win-win. And it still feels to me like cheating…
April Groves
June 6th, 2007 at 1:20 am
12When the comment I was previously writing got to three involved paragraphs, I decided I had better put it on the list of things to blog:)
Jay, I think you are spot on in your assessment - I am not so sure “fraud” is too strong. I think that it is a false suggestion. You are presenting to the mortgage company that this buyer is due good consideration based on the facade of a relationship with somebody of good credit. The relationship is engineered.
The thing that jumps out at me is the stupidity of the good credit guy. I don’t care what the company says. If somebody can steal your credit without your open participation, how much easier is it when you open the door for them?
Shailesh
June 6th, 2007 at 7:57 am
13I arrived at this post a bit too late - another thing in the blog world - minutes are days, days are months and months are years! Anyway I had posted on this topic on my blog yesterday and didn’t make much of it. This is a loop hole that a rep from a credit scoring company told me about a few years ago. I was glad that Fair Isaac finally changed their scoring model.
When I heard about this I likened it to all the different tax breaks and deductions the IRS offers and how some companies re-locate to offshore destinations to avoid paying taxes. Is this fraud? It’s a loophole and I put the onus on the rule maker to change the loophole.
I think fraud is certainly a stronger word than necessary in this situation - as Morgan said earlier and Jay agreed to in a subsequent post. Gaming the system is a better term. I bet that on this issue lawyers would take a position based on who they are representing.
The one instance where I did see it being used involved a woman helping her father re-establish some credit. He became an authorized user on one or two of her accounts and as a result his score improved. She told me he wasn’t planning on buying a home, he already had a home free and clear, he was more interested in getting back into the system so he could do things down the road. He wanted a credit card and some flexibility with creditors.
I guess in a situation like that the daughter used a loophole in the system to help family - she certainly used her smarts, but I don’t think there was any harm intended. Did she commit fraud? Does a credit improvement company have to do this on a mass scale to make it fraud?
Besides this isn’t the only loophole in the credit rating system. Credit improvement companies repeated take advantage of the legally required 30-day response period from creditors to boost their clients credit score. I think this is also gaming! In short when people say they can improve your credit score in less than 60 day’s they are gaming the system. This is because the only true way to be worthy of your credit score is to pay your bills on time.
Christoph Schweiger
June 6th, 2007 at 7:57 am
14I think FairIsaac is already on to it.
http://tinyurl.com/2dw44r
David Bethoney
June 6th, 2007 at 9:48 am
15I don’t see how this isn’t “Fraud.” Dictionary.com says “1.deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain some unfair or dishonest advantage.” In my opinion, the situation above fits perfectly into the definition.
I am not a credit expert so two questions I have:
-Does this have any impact at all on the good credit score?
-When an individual who has purchased their way on a good account goes to take out a loan, doesn’t the institution see only one account in good standing with a host of accounts that are not? Would that one account be enough to make a difference?
Shailesh
June 6th, 2007 at 10:07 am
16David,
To answer your questions:
1. This tactic does not affect the good credit score. This is because the shared good account goes to the bad credit score. None of the bad accounts get included back.
2. Lenders want to see a few accounts in good standing - depending on the lender it could be 1 account or as many as 5 accounts. Sometimes they like to see a combination. So, 1 good for 36 months or 3 good for 12 months etc.
The score is still the primary driver. If the score is 720+ then one or two good standing accounts is sufficient.
Thanks,
Shailesh
Arizona Mortgage Guru » Authorized account users under fire…
June 6th, 2007 at 10:25 am
17[...] has been some lively discussion over at The Phoenix Real Estate Guy blog post titled “Buying a Higher FICO Score?!?“. This is the post with the thread. I suggest reading through, there are some really [...]
Keith Jeppson
June 6th, 2007 at 8:35 pm
18Jay I think your were right starting off as fraud and I’d stay there. This is an intentional misrepresentation of the bad dudes financial history and could lead some lender to suffer a material loss. It’s fraud pure and simple.
Morgan
June 6th, 2007 at 8:51 pm
19My only question is then: Is it fraud when you add your son or daughter to your credit card as an authorized signer to improve their credit/purchasing power? Even if you don’t plan on giving them direct access to the credit?
Morgan
June 6th, 2007 at 9:59 pm
20Jeff C. - good link. Let’s see how many cows got out before the barn doors were closed.
Second question - how many kids’ credit scores are going to absolutely tank now?
Jay - The Phoenix Real Estate Guy
June 6th, 2007 at 11:52 pm
21Morgan - who the heck is “Jeff C”? Have ya lost your mind?
I’m thinking you meant Christoph S.?
Good point on the kids credit thing. Many spouses also do the same thing to help the other out…
Rather than just go from one extreme to the other, wouldn’t it be possible to allow authorized signers to improve their credit if they are “immediate family”? Of course someone would claim their third cousin twice removed was “immediate family”, but there are generally accepted definitions of immediate family in place for many otehr things.
Adding my kid or wife to my account is one thing. Adding a complete stranger because he paid me to do it is another. Seems like that distinction wouldn’t be all that difficult to codify.
Douglas Trudeau
June 7th, 2007 at 7:23 am
22Jay - Good Job. Seller beware. This is out and out wrong. Every industry has is schemers. With talor made drugs the chemistry is varied just enough to make it legal. With this it is not much different. Sounds like something for the Arizona Real Estate Commissioner to look at and rule on under the guidelines of disclosure. Sure sounds like failure to disclose to me.
Nick
June 7th, 2007 at 8:22 am
23Lending professionals who work to prevent or minimize mortgage fraud have been aware of piggybacking for at least a year now. These same professionals also pretty much have a similar definition of mortgage fraud which boils down to material misrepresentation(s) resulting in the lender making a loan they would not otherwise have made.
Jay, you are right to state that piggybacking is FRAUD - pure and simple. While the technology will catch up soon, consumers, realtors, mortgage brokers and the broader real estate community need to know this practice is wrong and does hurt us all.
By the way, the FBI and the Mortgage Bankers Association are promoting lenders to display and/or have applicants sign something acknowledging this: http://www.mortgagebankers.org.....gFinal.pdf
Eric
June 7th, 2007 at 9:57 am
24So what will happen when the rule changes? Do you think we’re going to see a lot of credit scores, that were previously inflated as a result of having a parent or relative add them as an authorized user, drop?
Or do you imagine that they will somehow be granted amnesty? I understand the fraud aspect, but at the same time, I can imagine there’d be a bit of an uproar for the legit folks out there that suddenly saw a drop in their credit score.
Any ideas?
Morgan
June 7th, 2007 at 9:59 am
25Sorry Jay - Jeff C posted the same link on my blog about the story and I was crossed up - whoops!
I agree there is definitely a difference between family and those that paid for the service - it will be interesting to see how that distinction is made by the law/companies involved, etc…
Emily
June 7th, 2007 at 10:51 am
26I can’t believe FICO has actually decided to change their scoring formula because of this issue! One of our bloggers, a former FICO insider, has posted about this major change:
http://www.creditbloggers.com/.....the_f.html
Chris Lengquist
June 7th, 2007 at 4:33 pm
27Simply, if it’s not 100% truthful, it’s fraud. Using someone else’s credit score is not truthful.
Jay - The Phoenix Real Estate Guy
June 7th, 2007 at 10:08 pm
28Thanks everyone for participating in this discussion. It’s been quite interesting and I appreciate everyone’s insight and opinions!
And thanks Emily for posting that link! creditbloggers.com is a great blog.
Eric
June 7th, 2007 at 10:59 pm
29Jay, any idea on my question?
I’m curious if you guys foresee a gigantic wave of dropped credit scores when this change takes effect?
Seeing as how they haven’t made a change this drastic in 10 or so years, I wonder if we’ll see any blowback from the consumers on this one.
Either way, curious to see how this will go..
Jay - The Phoenix Real Estate Guy
June 7th, 2007 at 11:12 pm
30Eric - I can;’t really say, probably one of the lenders would have better insight. Check the link that Emily has in her comment up above this one. That writer seems to feel credit scores may drop, perhaps significantly…
How to raise your FICO score 10 points and save a bunch of trees - MythBusting : Greater Phoenix Metropolitan Area Real Estate
June 7th, 2007 at 11:43 pm
31[...] I am not going to reheat this great debate since Jay and Shailesh got it covered, however the same topic was part of an offline discussion I [...]
Peter
June 8th, 2007 at 2:00 am
32Nice and interesting site on bad credit, to get more valuable information on bad credit visit the following site.
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Borrowers pay to Raise FICO Scores by Buying Temporary Tradelines
June 8th, 2007 at 9:19 am
33[...] Buying a Higher FICO Score?!? [...]
Salt Lake Speaks » Blog Archive » Salt Lake City Real Estate - Fraud Update July 2007
July 7th, 2007 at 2:35 pm
34[...] The Phoenix Real Estate Guy [...]
Ian Fernandes
July 22nd, 2007 at 3:42 am
35hi,
visit this site http://www.3ficoscore.com its got various options on free fico scores and credit reports. It helped me to find the best scores and helped many of my friends too .
Pay to Raise your FICO score
August 17th, 2007 at 9:31 am
36[...] Buying a Higher FICO Score?!? [...]
Michael-8187739111
December 8th, 2007 at 4:56 pm
37Give me a break!
Definition of Fraud: All multifarious means which human ingenuity can devise, and which are resorted to by one individual (read: “CREDIT CARD COMPANY”, “MORTAGAE BROKER”, et al)) to get an advantage over another (read “unsophisticated consumer) by false suggestions (you can “always refinance later”) or suppression of the truth (hiding late charges/ over-limit fees/ option to re-price credit based on criteria completely external to the creditor-borrower relationship, etc.) criteria. It includes all surprises (”we have increased your interest rate to 28%), tricks (universities colluding with credit card lenders to issue credit cards UNDER THE UNIVERSITY to its students so the debt will be considered a “student loan” and NOT DISCHARGEABLE IN BANKRUPTCY - Have you HEARD THAT ONE?, cunning or dissembling, and any unfair way which another is cheated.
Wake up. Modern economic & behavioral metrics allow these people to analyze human behavior sufficiently to rig the system to create a literal mine-field of “gotcha” debt for the average consumer the 25 (not 30)-day credit card billing cycle, for example. Late fee heaven.
And finally, what the hell makes any of you cool-aid drinkers think the FICO credit scoring model is a measure of anybody’s credit “worthiness”? THE FICO SCORE IS A STATITICAL MODEL DESIGNED TO QUANTIFY RISK - NOT CHARACTER, NOT “WORTHINESS” - JUST RISK, and it does a poor job of even that! There are a literal dozen scenarios where the MODEL, being “blind” to data and behavior (good or bad) for which it was NOT PROGRAMED and thus fails to give a score the is in any measure indicative of the true risk quotient of a particular person.
My take is if anybody has figured out a method of “gaming” the system without breaking the law good, because the system sure-as-hell games us.
Illinois Mortgage Rates and News » Blog Archive » How to Understand and Make the Most of Your Credit Scores - Part 3 -Ten Ways to Raise your Fico Scores
December 12th, 2007 at 5:39 pm
38[...] history (but not letting them actually use the credit cards). It took a while, but Fico figured out this scheme and it no longer [...]
Kansas City
December 24th, 2007 at 8:41 am
39“My take is if anybody has figured out a method of “gaming” the system without breaking the law good, because the system sure-as-hell games us.”
I agree that if the system is broke, then fix the system rather than knocking those who are positioning themselves as best possible under the current system. A spouse is going to help the spouse’s credit score, if needed, as will a parent who’ll help their child’s credit score.
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