Housing Loan Fraud: Types, Scams, and Consequences

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Housing loan fraud is a serious issue that can have severe consequences for individuals and the economy as a whole. It involves deceiving lenders into providing loans that are not legitimate or are based on false information.

One type of housing loan fraud is identity theft, where scammers steal personal and financial information to obtain a loan in someone else's name. This can lead to financial ruin for the victim.

Scammers may also use fake identities or alter existing documents to qualify for a loan. In some cases, they may even use the loan to purchase a property and then abandon it.

The consequences of housing loan fraud can be devastating, including financial loss, damage to credit scores, and even imprisonment.

Check this out: Housing Loan Information

What Is Housing Loan Fraud?

Housing loan fraud is a serious issue that can have devastating consequences for individuals, families, and the economy as a whole. Mortgage fraud occurs when someone deliberately misrepresents or omits information that lenders rely on when deciding whether to fund, purchase or insure a home loan.

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Borrowers, loan originators, and other real estate professionals can commit mortgage fraud, which is categorized by the FBI into two types: fraud for profit, and fraud for housing. Fraud for profit involves industry professionals who manipulate the mortgage lending process for financial gain, while fraud for housing occurs when borrowers use deceptive practices to buy a home.

Mortgage fraud can include falsifying mortgage application documents, pressuring an appraiser to overvalue a property, or using a straw buyer to purchase a home you wouldn't otherwise qualify for. These schemes can lead to foreclosure, financial ruin, and even prison time.

Here are some common examples of mortgage fraud:

  • Lying on a mortgage loan application
  • Saying you intend to live in the property when you actually plan to rent it out
  • Falsifying mortgage application documents
  • Pressuring an appraiser to overvalue a property
  • Using a straw buyer to purchase a home you wouldn't otherwise qualify for

Mortgage fraud can have severe consequences, including financial loss, damage to credit scores, and even imprisonment. If you suspect mortgage fraud, report it to the authorities immediately.

Types of Mortgage Fraud

Mortgage fraud comes in many forms, and it's essential to be aware of the different types to protect yourself from scammers.

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The FBI investigates two distinct areas of mortgage fraud: fraud for profit and mortgage fraud schemes used for housing.

Scammers target seniors with creative scams, and the FBI has a list of common mortgage fraud schemes and scams to watch out for.

Mortgage fraud schemes are numerous, with at least 9 main types, but some of the most common ones include scams targeting seniors.

Scams and Schemes

Scam artists charge up-front fees and fail to deliver on promises to save a home from foreclosure or to modify a borrower's loan terms. No homeowner should pay fees up front for mortgage assistance.

Straw buyer schemes can be tricky to spot, but Fannie Mae has identified some red flags. An entity other than the borrower makes the mortgage payments, the buyer doesn't intend to occupy the home, the buyer isn't represented by a real estate agent, and the loan applicant's income, savings, and credit are inconsistent with their overall profile.

Foreclosure rescue and loan modification scams often target homeowners experiencing financial hardship. Generally, only your mortgage lender or servicer has the ability to offer you a loan modification – so if anyone approaches you about it, it's likely a scam.

For another approach, see: Housing Loan Fees

Foreclosure Scams

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Foreclosure scams are a type of scam that targets people who are in foreclosure or at risk of defaulting on their loan. Predators seek out these individuals and tell them that they can save their home by transferring the deed or putting the property in the name of an investor.

These scammers often sound rational, especially when you're desperate. They'll tell you that you can pay rent for at least a year and repurchase the property when your credit has improved. However, the reality is that the crooks don't make the mortgage payments, and the property will likely wind up going into foreclosure.

The scammers cash in by selling the property to an investor or straw borrower, creating equity using a fraudulent appraisal and stealing the seller proceeds or fees paid by the homeowners.

Straw Buyer Schemes

Straw Buyer Schemes are a type of mortgage fraud where someone purchases a property on behalf of another person to conceal their identity. This often happens when a homebuyer can't meet the minimum mortgage requirements.

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A straw buyer may have good credit, making it easier to secure a mortgage, while the actual buyer has bad credit. This is a classic example of a straw buyer scheme.

The characteristics of a straw buyer scheme can be quite telling. For instance, if an entity other than the borrower makes the mortgage payments, it's a red flag. Similarly, if the buyer doesn't intend to occupy the home, it's likely a straw buyer scheme.

A straw buyer may not be represented by a real estate agent, and their income, savings, and credit may be inconsistent with their overall profile. This inconsistency can be a sign of a straw buyer scheme.

Straw buyer schemes can have serious consequences, including the loss of the property and financial ruin. It's essential to be aware of these schemes and take steps to protect yourself from becoming a victim.

Property Flipping

Property flipping is a legitimate business practice, but it can be used to commit fraud. Flipping houses is legal in most cases.

However, property flipping can be fraudulent if someone buys a home and quickly resells it for a considerable profit without making any major improvements or repairs. This type of fraud is typically committed by a house flipper and an appraiser who conspire to artificially inflate the property's value.

False Identity/Identity Theft

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False identity and identity theft are serious issues that can have devastating consequences. In 2022, the Federal Trade Commission received over 1.1 million reports of identity theft.

Scammers use financial information like Social Security numbers to commit identity theft. They may also use stolen pay stubs or fake employment verification forms to get a fraudulent mortgage on a property they don't own.

How It Happens

Mortgage fraud happens when someone involved in the process of obtaining a loan for a property purchase makes false statements about their financial situation or the planned use of the property.

Falsifying documents is a common way mortgage fraud occurs, and it can be as simple as altering income or employment information.

This can involve lying about the source of income, such as claiming a higher salary than you actually earn, or even creating an entirely false identity to qualify for a loan.

How Does It Happen?

Mortgage fraud can happen when someone involved in the process makes false statements about their financial situation. This can include lying about income, assets, or credit history.

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Falsifying documents is a common way mortgage fraud occurs. This can involve creating fake pay stubs, bank statements, or identification documents.

Mortgage fraud can also involve creating an entirely false identity. This can be done to qualify for a loan that wouldn't be approved under the person's real identity.

False statements about the planned use of the property can also lead to mortgage fraud. This might involve lying about the property's intended use, such as claiming it will be used as a primary residence when it's actually going to be rented out.

Inflated Appraisals

Inflated appraisals can be a serious issue, and it's essential to understand how they happen. They can be committed by crooked appraisers who overstate the value of a property, often to help a buyer or seller.

Appraisers have a significant amount of power, as they determine the fair market value of a home. They can intentionally overvalue a property to benefit someone, which can lead to serious consequences.

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This type of appraisal fraud may occur when a homeowner or lender pressures the appraiser to overvalue or undervalue a home in a way that benefits them. For example, a higher appraisal may help lower the loan-to-value (LTV) ratio so that a lender can approve a mortgage application that may not otherwise qualify.

Inflated appraisals can be done to help a buyer get a "deal" or to assist a homeowner planning to refinance or tap home equity. It's a serious issue that can have long-term effects on the housing market and individual homeowners.

Inaccurate Income

Inaccurate income is a common type of mortgage fraud. A borrower may claim a certain amount of income, and an underwriter makes a decision based on that figure to give them a loan or not.

Self-employed individuals may not report their full income on their taxes, which can be a problem when it comes to a "stated income" loan. This is because lenders may request a letter of explanation about anything that might be concerning in a borrower's application.

A little white lie about income can be a big deal - it's considered mortgage fraud. Lenders try to ensure the information a borrower provides is accurate by asking for bank statements for a mortgage application.

Air

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Air loan schemes can be incredibly deceptive, involving nonexistent property loans with no collateral. Brokers create fake borrowers and properties, setting up accounts for payments and custodial accounts for escrow. They might even establish a fake office with a bank of phones to deceive creditors.

This is often done to deceive creditors who try to verify information on loan applications. The FBI describes this as one of the most bizarre mortgage fraud schemes.

Prevention and Detection

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, to help identify potential scams.

To avoid mortgage fraud, it's essential to be truthful about everything and get referrals for companies and professionals you'll be working with. Check state and local licenses, and visit a home loan help center to familiarize yourself with the ins and outs of getting a mortgage before starting your home search.

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Be cautious of red flags during a real estate transaction, such as loan application discrepancies, upfront fees, guaranteed results, deed or ownership transfers, over-the-phone financial information requests, and credit history inconsistencies. These warning signs can signify mortgage fraud.

Here are some specific red flags to watch out for:

  • Loan application discrepancies, such as an income that seems too high for the applicant's job, mismatched addresses on W-2s and bank statements, or altered documents.
  • Upfront fees for loan modification, refinance, or foreclosure prevention services, which are available for free from HUD-certified counselors.
  • Guaranteed results or promises of easy fixes, which are often signs of a scam.
  • Deed or ownership transfers, especially if you feel pressured to do so.
  • Over-the-phone financial information requests, which can be a sign of "call-spoofing" scams.
  • Credit history inconsistencies, such as an unrealistically long credit history for the applicant's age or a Social Security number that varies across documents.

How to Avoid

To avoid mortgage fraud, it's essential to be truthful about everything. If anyone pushes you in a different direction, you could pay dearly for taking that bad advice. Get referrals for companies and real estate and mortgage pros, and check state and local licenses. Visit a home loan help center to familiarize yourself with the ins and outs of getting a mortgage.

Guard your John Hancock. Be careful what you sign, and never sign a blank document or one containing blank lines. Never sign over the house deed "temporarily" – this could be a set-up.

Be cautious of loan application discrepancies, such as an income that seems too high for the job, mismatched addresses on W-2s and bank statements, or altered documents. These are red flags that could signify mortgage fraud.

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Here are some specific red flags to watch out for:

Occupancy fraud is a form of mortgage fraud that occurs when the borrower lies about the intended use of their property. This can happen when someone says they want to use the home as a principal residence when, in fact, they plan to rent it out.

How to Report Suspicions

If you suspect occupancy fraud, you can contact the lender directly to report it. You can also contact your local FBI office.

To report suspected occupancy fraud, you can contact the lender directly if you know who they are. This is a good option because it allows you to report the issue quickly and efficiently.

You can also contact your local FBI office to report suspected occupancy fraud. This is a good option if you're not sure who the lender is or if you want to report the issue anonymously.

Here are some steps you can take to report suspected occupancy fraud:

  1. Contact the lender directly if you know who they are.
  2. Contact your local FBI office if you're not sure who the lender is or if you want to report the issue anonymously.

Detection

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Lenders can detect mortgage fraud by checking loan applications for red flags, such as spelling errors.

Many lenders use fraud detection software, like CoreLogic's LoanSafe, to help identify suspicious activity.

Checking loan applications for inconsistencies with the borrower's income is a common way lenders detect mortgage fraud.

Documents that appear to be altered are another red flag that lenders look out for when reviewing loan applications.

Special Considerations

Renting out a property where the mortgage was obtained as an owner-occupied home is not always a crime, but borrowers should check with their mortgage lenders first to avoid accidentally committing occupancy fraud.

Merely living at the property for one year or more is enough to prove an intent to occupy the home.

Renting out a home due to an employment situation that requires relocation is usually not considered occupancy fraud.

Expatriates who temporarily work in foreign countries are often allowed to rent out their homes during their absence.

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Getting married or moving in with a partner is another situation where renting out an owner-occupied property may not be considered occupancy fraud.

Purchasing a home for your child and having them pay the mortgage but not being named on the mortgage application, documents, and title can still be considered an investment property, resulting in a higher interest rate.

Krystal Bogisich

Lead Writer

Krystal Bogisich is a seasoned writer with a passion for crafting informative and engaging content. With a keen eye for detail and a knack for storytelling, she has established herself as a versatile writer capable of tackling a wide range of topics. Her expertise spans multiple industries, including finance, where she has developed a particular interest in actuarial careers.

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