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Fraudulent mortgage applications can be devastating to individuals and families who are trying to secure a home loan. According to the article, mortgage fraud is a growing concern, with the Federal Bureau of Investigation (FBI) estimating that it costs the US economy over $1 billion annually.
The most common types of mortgage fraud include false income and employment verification, misrepresentation of property values, and identity theft. These tactics can result in serious consequences, including financial loss and damage to credit scores.
To avoid falling victim to mortgage fraud, it's essential to be aware of the warning signs. The article highlights that suspicious activity may include inconsistent or contradictory information provided by the borrower or lender.
How Mortgage Fraud Works
Mortgage fraud is a serious issue that can have severe consequences for both homeowners and lenders. It's done by misrepresenting income and debt levels to get a lower interest rate or qualify for a larger loan.
Homeowners may try to hide their true financial situation by falsifying information on their loan application. This can include exaggerating income or downplaying debt.
A common method of mortgage fraud is identity theft, where a person's personal and financial information is stolen and used to apply for a loan. This can be devastating for the victim, who may not even realize their identity has been compromised until it's too late.
How It Works
Mortgage fraud is a serious issue that can have devastating consequences for individuals and the economy as a whole.
The goal of a mortgage fraud is to own a property or a more expensive property for which you would normally not qualify.
Homeowners misrepresent their income and debt levels to receive a lower interest rate or qualify for a larger loan.
By doing so, they can afford a property that would otherwise be out of their reach, often with the intention of selling it quickly for a profit.
This can be done through various means, including falsifying employment records, inflating income, or hiding debt.
Assuming a False Identity
Assuming a False Identity is a common loan fraud method, where a person's identity, including their Social Security number, is falsely used to apply for a loan application.
This type of fraud can be devastating for the victim, who may not even realize their identity has been stolen until they're denied a loan or see unusual activity on their credit report.
A person's credit history, including their birth date, is often used to falsely apply for a loan, making it difficult for the victim to recover from the financial damage.
Loan applications can be completed quickly online, making it easy for scammers to use a false identity and get approved for a loan they don't intend to pay back.
Prevention and Detection
Providing false or inaccurate documents to support a mortgage application is a form of mortgage fraud.
To prevent mortgage fraud, be honest on your application and make sure you understand everything you're signing. Don't sign anything you aren't comfortable with, and consult an attorney if there's something you don't understand.
Lenders can detect mortgage fraud by checking loan applications for red flags, such as spelling errors, inconsistencies with the borrower's income, or documents that appear to be altered. Many lenders use fraud detection software, such as CoreLogic's LoanSafe.
Here are some red flags for lenders to watch out for:
- Above-market appraisal
- Inflated borrower income
- Suspicious seller
These red flags can indicate a potential scam, such as a property flipping scam or a straw buyer.
Prevention
To prevent mortgage fraud, it's essential to be honest on your application and understand everything you're signing. Make sure you get referrals for a real estate agent and mortgage professionals from trusted friends and family.
Review the loan documents to ensure all the information, including your name, is accurate and true. Use a real estate attorney to help you review the paperwork, answer any questions, and confirm the mortgage terms are legitimate. Don't be pressured into borrowing more than you can afford to repay.
Some common red flags of mortgage fraud include being offered money to use your name and credit information to get a mortgage, being encouraged to include false information on a loan application, and being asked to leave signature lines or other important areas on a loan application blank.
Here are some key things to watch out for:
Providing false or inaccurate documents to support the mortgage application is also part of the fraud. It's crucial to provide accurate and truthful information on a mortgage application and be cautious of lenders and other real estate professionals who ask for sensitive personal information too early in the process.
Who Investigates?
The FBI is the main agency that investigates instances of mortgage fraud. They have a dedicated process for reporting and investigating these cases.
You can report mortgage fraud to the FBI in a few ways: by visiting an FBI field office in your area, by calling 800-CALL-FBI (800-225-5324), or by submitting a tip via the FBI's electronic tip form.
Consequences of Committing a Crime
Mortgage fraud is a serious federal crime, and penalties can be pursued as misdemeanors or felonies at the state or federal level.
At the state level, fraudulent loan applicants could face heavy fines, restitution charges, and prison time. In addition to these punishments, fraudulent mortgage lenders, mortgage brokers, and other real estate agents or professionals could face suspension or total revocation of their licenses and lose their ability to practice their profession.
A federal mortgage fraud conviction could result in up to $1 million in fines and up to 30 years in prison.
Mortgage Fraud Schemes
Mortgage fraud schemes can be carried out by individuals who take money from investors and promise it will be invested in high yield mortgages, but initial promises are not followed through and the actual transaction may not occur.
Some mortgage fraud schemes involve straw buyers, who purchase a property on behalf of someone else to keep the real buyer's identity hidden. A straw buyer may be used when a homebuyer doesn't meet the minimum mortgage requirements for a loan and can't buy the property themselves.
Other schemes include inflated appraisals, foreclosure scams, and property flipping, where someone buys a home and quickly resells it for a considerable profit without making any major improvements or repairs. Remember that any investment involves some level of risk, and usually, higher returns mean a higher level of risk.
Types of Mortgage Fraud
Mortgage fraud schemes can be complex and varied, but some common types include inflated appraisals, foreclosure scams, and straw buyer schemes.
Inflated appraisals occur when an appraiser intentionally overvalues a property to make it seem worth more than it actually is. This can be done to benefit the borrower or lender, and can lead to loan amounts that are higher than the property's actual value.
Foreclosure scams target homeowners who are at risk of defaulting on their loans or whose homes are in foreclosure. Scammers promise to save the home in exchange for a deed transfer and upfront fees, but instead re-mortgage the property without actually saving it from foreclosure.
Straw buyer schemes involve a person purchasing a property on behalf of someone else, often to keep the real buyer's identity hidden. This can be done when the real buyer has poor credit and can't get financing, and the straw buyer may be paid a fee for their good credit and identity.
Property flipping can be a legitimate business, but it can also be a type of mortgage fraud if the property is purchased below market value and resold at an artificially inflated price. This often involves a conspiracy between a house flipper and an appraiser to artificially inflate the property's value.
Equity skimming is a type of real estate fraud where an individual or group buys a property with no intention of paying the mortgage or property taxes, instead collecting rent from tenants. This scheme is designed to collect as much rent as possible before the property goes into foreclosure.
Appraisal fraud involves an appraiser intentionally undervaluing or overvaluing a property to benefit the borrower or lender. This can be done when a homeowner or lender pressures the appraiser to value the property in a certain way.
In all types of mortgage fraud, it's essential to be aware of the red flags, such as suspiciously low or high prices, inconsistent income or credit information, and middlemen or straw buyers.
Reverse Mortgage Scams
Reverse Mortgage Scams are a common type of mortgage fraud. They target homeowners aged 62 and older who are eligible for reverse mortgages.
Homeowners are often convinced to take out a reverse mortgage to pay for home repairs, which might be unnecessary. A phony contractor quotes a much higher price than the actual cost, and the homeowner sacrifices their equity.
Some of these scams target veterans, despite the VA not offering a reverse mortgage option. This makes it even more important for veterans to be cautious.
Reporting and Protection
If you suspect you're a victim of mortgage fraud, it's essential to know your reporting options. You can contact the FBI field office closest to you, or reach out to your state attorney general's office consumer hotline to file a report and get assistance.
To report mortgage fraud, you'll need to collect and organize all relevant files, data, and information. This will help you follow your lending institution's mortgage fraud reporting procedures and ensure you have everything needed to report to fraud agencies and law enforcement.
You can report suspected mortgage fraud to Fannie Mae using their online form or by calling 1-800-2FANNIE or 1-800-232-6643. The Federal Trade Commission also accepts reports, although they don't investigate individual cases.
Reporting mortgage fraud can be a complex process, but following these key steps can help:
- Collect and organize all files, data, and information relevant to the mortgage fraud.
- Follow your lending institution’s mortgage fraud reporting procedures.
- Report to fraud agencies and law enforcement.
- Follow up after reports have been filed to continue to relay important details and ensure proper action is being taken.
How to Report
If you suspect mortgage fraud, it's essential to report it to the right authorities.
First, follow your financial institution's reporting protocols. This will help you gather the necessary information and ensure that your report is handled correctly.
The Government-Sponsored Enterprises (GSEs), such as Fannie Mae and Freddie Mac, have their own reporting steps and hotlines. You can find these details by contacting them directly.
To report mortgage fraud, you should collect and organize all relevant files, data, and information. This will make it easier for investigators to understand the situation and take action.
If you're unsure about how to proceed, remember the key steps for reporting mortgage fraud: collect and organize information, follow your lending institution's procedures, report to fraud agencies and law enforcement, and follow up on your report.
Here are some specific places to report mortgage fraud:
- FBI field office closest to you
- Consumer hotline at your state attorney general's office
- Federal Trade Commission (FTC) at ReportFraud.ftc.gov
- Fannie Mae using this form or by calling 1-800-2FANNIE or 1-800-232-6643
Financial Protection
RECA has an assurance fund to provide some financial protection for clients of licensed mortgage and real estate brokers.
If you suffer financial losses because of fraud or a breach of trust from a mortgage or real estate broker authorized by RECA, the assurance fund may compensate you for your financial loss.
Clients of unlicensed fraudsters are not eligible for this protection.
To learn if the person you are dealing with is an authorized individual, check with RECA before you make a deal. Call RECA at 1-888-425-2754.
Frequently Asked Questions
What is the penalty for lying on a mortgage application?
Lying on a mortgage application can result in serious penalties, including jail time, for providing false or misleading information. Be honest and accurate when applying for a mortgage to avoid potential legal consequences.
How long does a mortgage fraud investigation take?
Mortgage fraud investigations can take several months to several years to complete, depending on the complexity of the case and available resources. The length of time can vary significantly, so it's essential to understand the process and timeline involved.
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