Is This Mortgage Warranty on the Level?
6 July 2004
"Under the Loan Warrantee Program offered by DFF International, you pay
a fee of 17% of your mortgage loan upfront, and in 60 months they cut
you a check for the original loan amount. If you pay a fee of 25% of the
loan, they cut you a check for the loan amount in 36 months. Can this be
on the level?"
No possible way!
They tell you that if you take out a new mortgage loan for $200,000 and
pay them $34,000, they will pay you $200,000 in 5 years. That’s a return
of 42.5% a year. If you pay them $50,000, they will pay you $200,000 in
3 years. That’s a return of 58.7% a year.
How can they earn returns this large – indeed, they have to be even
larger if they are going to make a profit? On their web site, they
associate themselves with hedge funds, insurance companies and other
sophisticated investors who can earn large returns. But none of those
entities consistently earn anything like the returns promised by the
Loan Warrantee Program (LWP).
"…Is this a Ponzi scheme?"
Promoters of Ponzi schemes collect your money upfront by promising you a
mega-return in the future. They pay the promised return to very early
entrants, thereby attracting new investors who provide the funds needed
to pay the old ones. But when the money coming in from new investors no
longer exceeds the money going out to old ones, the promoters shut their
doors and flee with what they have.
Whether the LWP is a Ponzi or not depends on the intentions of the
promoters, which I don’t know. But I do know that the promises of 42.5%
and 58.7% returns are ridiculous and not to be believed.
I called IFF International to ask, among other things, whether they were
able to refer me to any participants who had been paid off the full
amount promised. The person who responded to my call said "no", but that
they would have some soon. Even if this is true, it would prove nothing,
since paying off a few investors in order to stimulate more to
participate is a standard feature of all Ponzi schemes.
I also asked how they could be sure of being able to pay the promised
returns. The rep said that the returns were not guaranteed, and referred
me to some fine print on their web site. It says "No one can guarantee
the outcome of the Loan Warrantee Program, but the principle amount is
guaranteed so you risk nothing." The rep referred to this as a "worst
case scenario".
Strange, my dictionary says that warranty and guarantee mean much the
same thing. Given the risk of losing it all if this is a Ponzi scheme, I
would say that getting back your original investment is a best case
scenario.
Another question I asked was whether they could refer me to one or two
of the 300 lenders that they claim to broker loans for, who I could talk
to about the LWP. The rep said that the lenders have nothing to do with
the program and knew nothing about it. That is not surprising, for
reasons explained below.
The LWP is offered in connection with home loans so it can be presented
as a warranty, like the warranty you buy on an automobile or vacuum
cleaner. Indeed, the rep I spoke to used the analogy of an automobile
warranty to explain the program to me. A warranty does not fall under
the jurisdiction of the Securities and Exchange Commission.
In fact, there is no resemblance between the two. An automobile warranty
is tied to the automobile and couldn’t exist without it. The LWP, in
contrast, has no connection to the mortgage loan with which it is
associated except in the minds of the participants. The LWP is an
investment masquerading as a warranty, but it is not an investment I
would consider.