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Who should be blamed for mortgage fraud?

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In a comment on my post about an internal memo demonstrating that JPMorgan Chase & Co. (NYSE: JPM) was advising its employees to assist home owners in committing mortgage fraud, one reader had this to say:

This is all bull. They don't know who to point there finger at! Some people just have selective memory loss and they simply cannot remember that they to had a say so when they got their home loans! Lets not just blame it on the Realtor or the mortgage broker!

The message here appears to be that consumers should have told the real estate professionals that they were behaving unethically and, in many cases, illegally.

That's not an argument that I buy for a second. If a prospective home buyer lies to a lender of his own volition, that's one thing. But if the lender or Realtor is complicit, he should bear responsibility for the act -- not the home buyer.

The fact is that most people who are buying homes don't really know how the process works and are reliant on professionals to provide them with good-faith counsel. The notion that home buyers have a duty to make sure that their brokers aren't engaging in fraud is not one that I subscribe to.

In many cases, naive home buyers were led to believe that they weren't doing anything wrong -- that inflating income is just what you do. A Dateline hidden camera investigation into a car loan officer who inflated the incomes of loan applicants features him advising the customer that "You can't get in trouble for this. This is just something we do to get the loan approved."

The lending industry should take full and complete responsibility for ethical lapses: no blame should be placed on consumers who followed the advice of professionals.

Reader Comments (Page 1 of 1)

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Last updated: November 12, 2009: 09:29 AM

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