She signed papers in English
that she didn't understand. One
said she was married to a man
she didn't know.
She placed her financial future
in the hands of a woman she
barely knew who sold cosmetics
and jewelry door to door. She
sought no one else's advice.
Her loan application sailed
through an originator and was
accepted by a mortgage company,
both specializing in customers
with "less than ideal" credit.
And so, in August 2005, Glenda
Ortiz, a cook at a Best Western
who lived in a cramped apartment
in Arlington County, became a
homeowner. By last March, the
home was in foreclosure. The
loan originator and mortgage
company had gone out of
business. And Ortiz was headed
to court.
"It was all a mistake. One
hundred percent," Ortiz said
recently in Spanish. "I had such
a burning desire to have my own
house. I didn't think about
anything else."
Ortiz and her husband, an air
conditioner installer, are
examples of what can happen when
a hot real estate market
collides with cheap credit, lax
lending standards and little
oversight. No one is free from
blame in this tale.
Theirs is a story that Erick
Gutierrez, housing director for
the Washington-based Hispanic
Economic Development Corp., said
is all too familiar. Gutierrez
blames the government for
allowing so many subprime loans,
such as Ortiz's, which required
no proof of income. "You could
say: 'You clean houses on
weekends? Great!' And then put
down that they made $1,000 a
week," he said.
But by then, real estate agents
would have made their
commissions, mortgage brokers
would have their closing costs,
and the risky loans would have
been repackaged and sold to Wall
Street. No one cared as long as
the housing market continued to
boom.
According to the Center for
Responsible Lending, 40 percent
of loans to Hispanics are
subprime, and it projects that
one out of five of these loans
made in 2005 and 2006 will go
into foreclosure.
"This is emblematic of people
preying on their own and
emblematic of bad brokers, but
also emblematic of legitimate
financial institutions either
helping this happen or ignoring
some facts so they can make a
lot of money," said Alys Cohen,
an attorney with the National
Consumer Law Center. "The
problem is the system and that
no one cares until Wall Street
stops making money. And that's
what's happening now."
Glenda Ortiz, 40, had been
struggling for nine years, since
the day she fled Hurricane Mitch
in Honduras and arrived in the
United States to find her "own
little piece of soil." She
dreamed that owning a home would
bring her scattered family
together. She fantasized about
being able to bring home the
daughter she'd left behind as an
infant. "I know her only from
photographs," she said
wistfully. "I wanted a future
for my family, for my children."
Ortiz, who speaks little
English, said she didn't know
much about the U.S. banking
system. So when a Mary Kay
saleswoman, Maria Esperanza
Salgado, came to her door and
said she could help her buy a
house, Ortiz said, she believed
her.
Salgado had a business card with
a blue Realtor logo identifying
herself as a "sales assistant"
to real estate agent Jorge
Aguilar. Salgado is not licensed
with the Virginia Real Estate
Board. Aguilar said Salgado "was
a very good sales promoter." He
said he paid her $500 for every
referral she brought him,
although board regulations
prohibit paying commissions or
referral fees to anyone but a
licensed real estate agent.
Salgado said he gave her only
"gifts." Aguilar said Salgado no
longer works for him.
When Ortiz protested that she
and her husband didn't have good
credit and had only a few
thousand dollars in savings,
Ortiz said Salgado, whom she had
known for less than a year,
promised to help her.
Ortiz said she and Salgado came
up with a plan. They would buy
the house jointly, using
Salgado's credit rating. Salgado
also would pay half of the
$11,000 down payment. The
agreement is spelled out in
court papers Ortiz has filed.
In
a year, when the house had
increased in value, as they
assumed it would in the hot
market, Ortiz would refinance.
Ortiz said they had planned to
take out $70,000 in equity, half
of which she would pay Salgado
for her share of the down
payment and for allowing Ortiz
to use her credit. Salgado would
remove her name from the title,
and Ortiz would own the house
outright, according to the court
documents.
But on the day of the closing in
August 2005, Salgado's brother
Saul Salgado Hernandez showed up
to sign the papers. Ortiz said
that she was surprised but that
she figured Salgado knew what
she was doing. She said she did
not understand any of the papers
in the thick stack of documents
that she signed, not even the
one that said she and Hernandez
were married. "I signed the
papers," she said. "I didn't
notice." She also discovered
that the woman handling her
mortgage was Aguilar's wife.
Maria Salgado said she agreed to
lend Ortiz the down payment
money and use her brother's
credit to buy the house because
Ortiz was her "best friend."
"She wanted to buy a house. I
wanted to help her," Salgado
said. Her own credit was not
good enough to help Ortiz, but
that of her brother, a
construction worker, was, she
said.
"I
asked my brother to help my best
friend," Salgado said. She
confirmed that she and Ortiz had
planned to remove Hernandez's
name from the title after one
year. But Salgado said she did
not agree to refinance.
Joe DiSalvo, a mortgage broker
with Continental Mortgage and
Investment Corp. in Arlington,
reviewed Ortiz's housing
documents at the request of The
Washington Post and found them
loaded with junk fees and an
overpriced appraisal. The
"excessive" closing costs, he
said, were upward of $10,000.
Blissfully unaware, Ortiz hung
filmy white and maroon curtains
in her home on East Reed Avenue.
She put photographs of her
family and the Sacred Heart of
Jesus on the living room walls.
She paid the mortgage every
month, sometimes selling
jewelry, forgoing other bills or
taking out loans to do so. But
she owned a home. She was happy.
So
much so that she encouraged her
niece Karla Ortiz to talk to
Salgado. In September 2006,
Karla, a Honduran immigrant who
cleans houses for a living, was
able to buy a
half-million-dollar house in
Springfield, and she paid
$10,000 more than the asking
price. Because her credit was
poor, she used a friend's name
and credit report on the
mortgage application. No one
blinked an eye.
Karla Ortiz, 30, said she
worried that the house cost more
than she could afford. Salgado
maintains that she never showed
houses to Karla Ortiz or anyone
else.
Ortiz borrowed $8,000 for a down
payment from an acquaintance at
20 percent interest.
She made three $5,000 monthly
mortgage payments before the
home on Middlesex Avenue went
into foreclosure and her friend
signed the house over to their
mortgage broker.
The end of Glenda Ortiz's dream
came swiftly. By February 2007,
she and her husband couldn't pay
the bills. Their power was about
to be shut off because they owed
Dominion Virginia Power $1,185.
The city of Alexandria sent
letters demanding the $7,215.88
they owed in property taxes.
She fell behind on the mortgage.
The refinance scheme she had
worked out with Salgado fell
through. The house had not
appreciated as expected, and the
bank would not help her with a
payment plan. Although her name
was listed on the deed, she was
not listed as a borrower on the
loan, records show. Ortiz said
bank officials told her that
they didn't have the authority
to negotiate with her. When she
called Hernandez for help, she
said, he told her to leave the
home.
With the home in foreclosure,
Hernandez's attorney sent Ortiz
a letter threatening legal
action unless she turned it over
to him as a gift. "You have
caused Saul much damage by
ignoring your duties and by
taking advantage of his good
faith," the letter read in
Spanish. Maria Salgado said she
borrowed $21,000 from a friend
to bring the mortgage payments
up to date because she didn't
want to ruin her brother's
credit. "It was all my fault,"
she said. "Saul didn't know
Glenda."
Ortiz sought out lawyer Howard
Woodson for help. In October, he
urged her to sign an agreement
to gift the house to Hernandez.
Although she refused and asked
for a hearing, a Circuit Court
judge ordered Ortiz to gift the
home to Hernandez. It includes a
clause prohibiting Ortiz from
suing Salgado and Hernandez for
fraud, according to court
records.
"My house. My dream. It was all
an illusion," Ortiz said. She
has scraped the money together
to hire a new lawyer and has
filed an appeal.
Hernandez, who sold the home in
December for $380,000, according
to Alexandria property records,
did not return several phone
calls seeking comment. His
attorney, Don Haddock, said the
judge's order corrected the
"erroneous" housing document to
clarify that Hernandez and Ortiz
are not married.
"Is [what they did] illegal? I
don't think it's illegal,"
Woodson said. "But you've
knowingly induced people to
enter a bad agreement."
Aguilar said he saw nothing
amiss in the transaction. Ortiz
wanted a house, and Hernandez
wanted an investment.
"Everybody was fine. Everybody
was happy. But now that the
market's gone down, everybody's
got a problem and wants to blame
it on the realtor, saying we
guided them to bad loans," he
said. "Everybody's blaming
everybody else. But everyone
contributed to the housing
bubble, the banks, the real
estate agents, the appraisers.
Everyone's to blame."
Glenda Ortiz is again living in
an apartment off Glebe Road in
Arlandria. She said she had
become so depressed about losing
her home that she stopped
working for more than a year.
The family photos are back on
the walls, as is the Sacred
Heart of Jesus. Michael the
Archangel sits atop the
bookcase, little glasses of beer
set in front of him, "because he
likes it." The TV blares Spanish
soap operas. It is not perfect
here. It is not hers. But she's
tired. And it will do. "You
think you're doing something
right, and it turns out all
wrong," she said.
She no longer dreams of owning a
home in America.