Epic Associates 84-III, William C. Griffith, Jr. - Page 64




                                       - 149 -                                        
             insurers gave advance approval to the specific loans at                  
             issue in these cases or to any other loans but only that                 
             the private mortgage insurers knew that EPIC valued the                  
             properties on a retail basis.                                            
                  Respondent argues that we should disregard the actions              
             of the private mortgage insurers and secondary lenders on                
             the ground that there is no evidence that the mortgage                   
             insurers and secondary lenders performed due diligence.                  
             Respondent argues that they "ignored or did not understand               
             the realities of the EPIC transactions."  We disagree.                   
             While the record does not show what due diligence was                    
             conducted by or on behalf of the secondary lenders,                      
             Dr. Hewitt's testimony and the material submitted with                   
             Dr. Hewitt's report confirm that the private mortgage                    
             insurers conducted due diligence with respect to the EPIC                
             loans, including risk assessments, spot appraisals, and                  
             other forms of due diligence and, in fact, two companies,                
             MGIC and CMAC, ceased insuring EPIC loans after spot                     
             appraisals disclosed values that were lower than the values              
             shown on the EPIC's appraisals.                                          













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