As with many other parts of the country, Atlanta has been a haven for mortgage fraud - and it’s good to see the authorities catch and punish those who tarnish our industry and profession.

When Atlanta attorney R. Joseph Costanzo Jr. pleaded guilty to bank fraud this month, he did so as “a broken man,” Costanzo’s attorney said.

The lawyer’s prosecution by federal authorities for his role as a real estate closing attorney in a mortgage fraud ring left him “financially devastated … his career as an attorney over, medically and mentally severely impaired, and greatly suffering shame and remorse,” said his attorney, Edward T.M. Garland.

It also garnered Costanzo 41 months in federal prison and an order to pay jointly with his co-defendants more than $7.8 million in restitution to banking, insurance and investment firms—among them Bear Stearns Residential Mortgage. U.S. District Judge Beverly B. Martin sentenced Costanzo on Feb. 1. She entered the formal judgment last Thursday. Costanzo pleaded guilty to one count of conspiracy to commit bank fraud, mail fraud and wire fraud and one count of bank fraud. (full story here)

What really cracked me up was the paltry amount of money the attorney was getting for his part in the scheme - a mere $2050 per closing on average - and this explanation from his attorney: 

For his role in the fraud scheme, Costanzo earned about $28,700 for 14 transactions—an average of $2,050 per closing. Garland described those fees in his sentencing memorandum as “normal charges in line with the standard fees charged by closing attorneys in the Atlanta, Ga. area.”

Let me assure you that $2050 is nowhere near the going rate for a real estate attorney to perform a closing in Atlanta. $400… maybe $500… some charge $550 - but no one charges $2050. Hey, one of my favorite attorneys charges $195!

One of the good things about Georgia is that we must use attorneys to close our real estate transactions. It usually assures us that a highly specialized professional is at the helm conducting the transaction.

And with the slowdown in the Atlanta real estate market, I think we can do without this attorney… and his partners in crime.

Market Conditions Worsen For Residential Resale Properties

I spent most of the day yesterday analyzing the sold properties in the Greater Metropolitan Atlanta area… and the results of my research are much more troubling than I had previously feared.

Resale homes - for the most part - are not selling.

When we look at the overall market statistics, we see that overall sales in the past year were down roughly 30% - but what is not so evident is exactly what has been selling. Our MLS’s do a good job of making this data difficult to mine.

So I spent the day simply looking at sold listings - the full report - and the results are very troubling. Well, troubling if you sell resale homes - or have a resale home to sell.

For quite some time, I have counseled home sellers to improve the condition of their properties while pricing their properties competitively - if  they are truly serious about selling.

Unfortunately, this advice has often fallen on deaf ears.

I took fewer listings in 2007 than in 2006 (and participated in the marketing of fewer listings, as well) - because in my discussions with sellers - I was not convinced that they really wanted to sell. And if you can’t convince me that you are serious about selling - I’m not going to take your listing. Marketing can be both time-consuming and expensive - and in today’s market, there is no room for unmotivated sellers.

As I analyzed last years sold listngs, the vast majority of them were coming up as bank-owned properties (also known as REO for real estate owned) or HUD foreclosures. What was once a minor component of the overall sales figures had become the majority component.

Not good - unless, of course, you are in the market to BUY.

New homes don’t enjoy the volume that they once had… and when you combine the new sales with the foreclosures - it leaves little room for the resale home seller.

"None of my listings are selling," one broker told me. "But I have some buyers I’m working with," she said with some relief.

I know a couple of top agents in the area, so I went to analyze their sales numbers over the last twelve months… and that was shocking, to say the least.

Both of these agents use similar sales and marketing systems, but one of them had started to pursue REO properties while the other had not. And the one who had not went to the radio with commercials on some top radio stations.

To hear these radio commercials, you are led to believe that this agent sells nearly 400 houses a year. Not so, according to the MLS. While he did do those numbers years ago, it no longer seems to be the case.

With well over 300 active listings, he has only four that are pending sale… and only 35 listings which have sold in the last twelve months. Ouch. That’s a lot of signs and lockboxes and marketing costs to spread out over 35 sales.

So naturally I assumed that he was making it up on the sales of other properties listed with other brokers.

Nope. Only 10 sales of other brokers properties. Now you would think that an agent with that many lisitngs would attract more buyers with all those signs in the ground and listings on Realtor.com, etc. - but apparently not.

By the way, I am pulling the number from the entire brokerage - as both of these agents operate their own brokerages - so these figures are for their entire sales team.

This agent also features the guaranteed home sale mantra about  how he will "step in and buy it". Yeah, right. Here is a portion of one of his recent sales:

In the example above, the original list price was $799,900, the sales price was $525,000; and the time on the market was 154 days. I guess that the guaranteed sale program must either include a 35% discount - or the intricate details are even worse than that for the seller. If this guaranteed sale program really worked - this agency would have sold more than 35 homes in the last twelve months… to themselves, if no one else.

Now that’s a slap in the face for the rest of us. If after all that marketing - including expensive radio spots - can’t net you more than 35 sales from hundreds of listings… the newly licensed agent is doomed. For that matter, so are the experienced agents.

On the other hand - the other top agent , while doing better, is not doing the kind of numbers that he has done in the past. He currently has some 269 listings - but since he is lisitng many REO properties, his sales statistics are much better. He currently has 14 pending sale - and 79 sold in the last twelve months.

So what is the difference between these two agents?

The primary difference is the motivation of the sellers… and the ability  to lower the price until it sells. Obviously, that option isn’t available to all sellers. The agent who represents a seller of a foreclosure is more than twice as likely to sell their listing, as the bank must cut their losses by systematically lowering the price until the property sells.

My oh my, how  times have changed.

Just a couple of years ago, an agent could count on half of his or her listings selling during the first listing period - and a quarter of all their listings selling in the second  listing period - with a quarter of them pending sale at any given time. Oh how we all miss those good old days.

So, the bottom line is - if you are a buyer, you are king.

But if you’re a seller, even hiring the top guns is no guarantee… as these statistics are worse than most agents I know.

In this current market condition, I must admit - I do enjoy working with buyers. It really is rewarding to help a client find a good value.

Meanwhile, I can only hope and pray for the sellers.