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Mortgage fraud is a serious issue that can have devastating consequences for individuals and the economy as a whole. It's estimated that mortgage fraud costs the US economy billions of dollars each year.
To detect mortgage fraud, lenders use a variety of methods, including reviewing credit reports and evaluating the borrower's income and employment history. This can help identify discrepancies and potential red flags.
Lenders also conduct property appraisals to ensure that the value of the property is accurate and not inflated. This is crucial in preventing mortgage fraud, as a property's true value can significantly impact the loan amount and the borrower's ability to repay.
In some cases, mortgage fraud can be prevented through education and awareness. By understanding the warning signs of mortgage fraud and being cautious when applying for a mortgage, borrowers can protect themselves from falling victim to these scams.
Types of Mortgage Fraud
Mortgage fraud can take many forms, and it's essential to know what to look out for to protect yourself and others. Application fraud is one common type, where false information is provided on a mortgage application to secure a loan.
For more insights, see: Fraud Mortgage Application
According to the United States Sentencing Commission, over 74% of mortgage fraud offenders received prison sentences, with an average of 14 months served. This highlights the severity of the consequences for those committing mortgage fraud.
Some red flags for mortgage fraud include inflated appraisals, where the value of a property is artificially increased to secure a larger loan. This can be done by twisting an appraiser's arm to get the desired outcome. A straw buyer is another type of mortgage fraud, where someone purchases a property on behalf of someone else to conceal their identity.
Here are some common types of mortgage fraud:
- Application fraud
- Home title fraud
- Straw buyers
- Silent second
- Air loans
- Appraisal fraud
- Shotgunning
- Real Estate Owned (REO) fraud
- Double sales
- Illegal property flipping
- Real estate Ponzi schemes
- Builder bailouts
- Buy and bail fraud
- Foreclosure rescues
- Advance fee schemes
- Short sale fraud
- Non-arm's length short sale
- Reverse mortgage fraud
- Affinity fraud
- Occupancy and reverse occupancy fraud
These are just a few examples of the many types of mortgage fraud that exist. By being aware of these red flags and types of fraud, you can better protect yourself and others from falling victim to these scams.
Suggestion: Types of Mortgage Fraud
Inflated Appraisals
Inflated appraisals are a type of mortgage fraud that can be tricky to detect. This occurs when appraisers artificially inflate the value of a property to make it seem worth more than it actually is.
Lenders rely on appraisals to determine loan limits, so inflated appraisals can lead to borrowers getting loans for more than their property is worth. This can be a problem in overinflated markets where property values are already high.
Appraisers can become complicit in this type of fraud when borrowers twist their arms to ensure their loans are high enough to purchase properties in these markets. This can lead to a false sense of security for both the borrower and the lender.
Here are some red flags to look out for in inflated appraisals:
- Limited, incomplete, or unverified comparables are used in the appraisal process.
- Drastic property value increases occur without a proper explanation or description of upgrades.
In some cases, appraisal fraud may occur when a homeowner or lender pressures the appraiser to overvalue or undervalue a home in a way that benefits them. This can be done to lower the loan-to-value (LTV) ratio, making it easier to approve a mortgage application that may not otherwise qualify.
Types of Mortgage Fraud
Mortgage fraud can take many forms, but some types are more common than others. Over 74% of mortgage fraud offenders received prison sentences, with an average sentencing time of 14 months.
One common type of mortgage fraud is application fraud. This occurs when a borrower provides false information on their loan application to get approved for a mortgage.
Straw buyers are another type of mortgage fraud. This involves someone purchasing a property on behalf of another person, often to hide the real buyer's identity or credit history. In New Jersey, scammers used straw buyers to buy 12 properties, defaulting on the loans and leaving the banks and straw buyers in financial trouble.
The following red flags can indicate straw buyer schemes: 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.
Other types of mortgage fraud include home title fraud, silent second, air loans, appraisal fraud, shotgunning, REO fraud, double sales, illegal property flipping, real estate Ponzi schemes, builder bailouts, buy and bail fraud, foreclosure rescues, advance fee schemes, short sale fraud, non-arm's length short sale, reverse mortgage fraud, affinity fraud, occupancy and reverse occupancy fraud.
For more insights, see: Housing Loan Fraud
Here are some common types of mortgage fraud and their warning signs:
Detection and Prevention
To detect mortgage fraud, lenders can check loan applications for red flags such as spelling errors or inconsistencies with the borrower's income. They can also use fraud detection software, like CoreLogic's LoanSafe.
Lenders can also verify the property's actual value by comparing it to what other homes in the area have sold for. This can help identify potential issues with the property's value.
Here are some additional ways to prevent mortgage fraud:
- 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.
Equity Skimming
Equity skimming is a sneaky tactic used by some investors to swindle unsuspecting victims. They use a straw buyer, a false credit history, and false income information to apply for a loan.
A straw buyer is someone who applies for a loan in someone else's name, often with the knowledge and consent of the real owner. This allows the investor to get the loan without having to qualify for it themselves.
Suggestion: Home Mortgage Loan Application
The loan closes, and the straw buyer signs the property over to the investor. The investor then rents out the property, collecting rent without making mortgage payments. This is a recipe for disaster, as the investor is essentially living rent-free until the property is foreclosed.
Here are some red flags to watch out for:
- Unusual or unexplained loan applications
- Multiple loan applications with different credit scores or income information
- Properties being rented out without any visible signs of maintenance or upkeep
The consequences of equity skimming can be severe, including financial losses for investors and damage to the reputation of the industry as a whole. It's essential to be vigilant and do your research before investing in real estate.
How to Prevent
To prevent mortgage fraud, it's essential to be cautious and informed throughout the process. Make sure you get referrals for a real estate agent and mortgage professionals from trusted friends and family.
Getting referrals from people you trust can help you avoid scams and ensure you're working with reputable professionals. This is especially important when dealing with significant financial transactions.
Review the loan documents carefully to ensure all the information, including your name, is accurate and true. Don't sign anything you aren't comfortable with, and consult an attorney if you have any questions.
Using a real estate attorney can provide peace of mind and help you navigate the complex mortgage process. They can 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. This is a common tactic used by scammers to get you into a situation where you're more likely to default on the loan.
To avoid falling victim to mortgage fraud, follow these tips:
- Get referrals from trusted friends and family for real estate agents and mortgage professionals.
- Review loan documents carefully to ensure all information is accurate and true.
- Use a real estate attorney to review paperwork and confirm mortgage terms.
- Don't be pressured into borrowing more than you can afford to repay.
By being informed and cautious, you can significantly reduce the risk of mortgage fraud and protect your financial well-being.
Flags: Income
Income red flags are a crucial part of detecting mortgage fraud. Lenders can look out for major discrepancies between a borrower's life experience and their job title and income.
Inconsistencies in income statements can be a red flag. Borrowers who claim to have a high income but lack the corresponding life experience may be hiding something.
Borrowers with a history of rental properties may be more likely to commit income fraud. This is because they may be trying to hide the true intentions of the property, such as turning it into a rental property.
To prevent misrepresentation of employment, lenders should investigate to ensure the listed employer is a real business and has a verifiable location. This can be done by verifying the employer's existence and contact information.
Lenders should also be thorough when examining pay stubs. This includes checking for spelling errors, inconsistencies, and altered documents.
Income Red Flags:
- Borrowers with a history of rental properties
- Major discrepancies between life experience and job title and income
- Inconsistencies in income statements
- Borrowers who claim to have a high income but lack the corresponding life experience
Who Investigates?
The FBI is the main agency that investigates instances of mortgage fraud.
You can report mortgage fraud to the FBI by visiting an FBI field office in your area, or by calling 800-CALL-FBI (800-225-5324).
To make it even easier, you can submit a tip via the FBI's electronic tip form online.
Appraisal
Appraisal fraud is a serious issue that can occur when appraisers intentionally misrepresent a property's value. This can be done to benefit the homeowner or lender, such as by reducing the loan-to-value ratio.
Appraisers can become complicit in this type of fraud when borrowers pressure them to ensure their loans are high enough to purchase properties in overinflated markets. This can lead to drastic property value increases without a proper explanation or description of upgrades.
Limited, incomplete, or unverified comparables are often used in the appraisal process, making it difficult to determine the true value of a property. This can result in appraisals that are artificially inflated.
Appraisal fraud can take many forms, including using drastic property value increases without a proper explanation or description of upgrades. This can be achieved by using limited, incomplete, or unverified comparables in the appraisal process.
Here are some common red flags that may indicate appraisal fraud:
- Limited, incomplete, or unverified comparables are used in the appraisal process.
- Drastic property value increases occur without a proper explanation or description of upgrades.
Appraisers are supposed to provide an unbiased opinion of a property's value. However, they can be influenced by pressure from borrowers or lenders to produce a certain result. This can lead to appraisals that are intentionally misleading.
Advance Fee Schemes
Advance fee schemes are a type of mortgage scam where fraudsters pose as mortgage specialists or brokers. They convince homeowners or homebuyers to pay a fee in return for favorable mortgage rates or conditions.
Promises or guarantees of rate reductions or term improvements are often made in exchange for an upfront fee. This is a red flag, as legitimate mortgage services don't require upfront fees.
Unsolicited and urgent offers come from supposed specialists lacking proper documentation or identification. Be wary of anyone who approaches you with a "too good to be true" offer.
A third party might persuade the homeowner to pursue a short sale and subsequently purchase the property at a reduced price. This can be a legitimate option, but only if done through a reputable and licensed real estate agent.
Here are some warning signs of advance fee schemes:
- Promises or guarantees of rate reductions or term improvements in exchange for an upfront fee.
- Unsolicited and urgent offers come from supposed specialists lacking proper documentation or identification.
How Common?
Mortgage fraud is more common than you might think, with 0.75% of all mortgage applications having characteristics of potential fraud.
According to CoreLogic's annual 2023 Mortgage Fraud Report, this translates to 1 in 134 mortgage applications.
The prevalence of mortgage fraud is a sobering reminder that even with the best intentions, mistakes can happen.
Mortgage Application and Title Issues
Mortgage application and title issues can be a major concern when it comes to mortgage fraud. Borrowers with inconsistent personal information, employment histories, pay stubs, and credit reports may be red flags for application fraud. This can include using stolen driver's licenses and Social Security numbers.
Red flags for home title fraud include communications about delinquent mortgage payments or missing notices about mortgages and property taxes. Unauthorized changes or tampering of property information and ownership records can also be a sign of trouble.
Here are some specific red flags to look out for:
- Borrowers with inconsistent personal information, employment histories, pay stubs, and credit reports.
- Borrowers with a history of rental properties or a larger loan request than the property's market value warrants.
- Communications about delinquent mortgage payments or missing notices about mortgages and property taxes.
- Unauthorized changes or tampering of property information and ownership records.
Non-Short Sale
A straw buyer is someone who purchases a property on behalf of someone else to keep the real buyer's identity hidden.
Straw buying often occurs when a homebuyer doesn't meet the minimum mortgage requirements for a loan and can't buy the property themselves. For example, a straw buyer with good credit may secure a mortgage for a person with bad credit.
The following characteristics can signal the use of straw buyers: 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.
In a straw buyer transaction, the real buyer might have bad credit or be trying to conceal shaky involvements that may disqualify them from getting a mortgage. Once the transaction is completed by the straw buyer, they will transfer the property title to the real buyer.
Here are some red flags to watch out for:
- The buyer meets the mortgage requirements with an unexplained large deposit or down payment.
- The buyer's financial means and living situation don't reconcile with buying a new property.
Silent Second
Silent Second Mortgage Fraud Schemes are a type of mortgage fraud where scammers apply for two mortgages: the primary mortgage and the silent second. This is often done to receive better interest rates on the first mortgage.
Borrowers with sizable, unexplained cash deposits or financing arrangements may be indicative of a silent second mortgage. Inconsistencies between the credit report and loan application can also point to undisclosed debt.
A fresh viewpoint: Second Mortgage Canada
The entity overseeing the sale may show signs of financial troubles, such as sudden layoffs, hasty asset sales, or abrupt closures of branches. This can be a red flag for a silent second mortgage scheme.
Borrowers may provide scant or inconsistent information about themselves and the property, which can be a warning sign.
What Is Income?
Income is a crucial factor in determining mortgage eligibility. It's what lenders use to assess your ability to repay the loan.
Income fraud is a serious issue that can happen when borrowers misrepresent their income. This can lead to loan approval, but it's often short-lived as lenders may discover the discrepancy later.
There are two common types of income fraud: False Stated Income and Misrepresentation of Employment. These tactics can have severe consequences, including loan default and damage to your credit score.
False Stated Income occurs when the income information on the uniform loan application is not fully verified. This can be a mistake, but it's still considered income fraud.
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Misrepresentation of Employment involves presenting fictitious proof of employment, such as fake pay stubs and employer documentation. This is a deliberate attempt to deceive the lender.
Here are the two types of income fraud in a nutshell:
- False Stated Income — the income information on the uniform loan application is not fully verified;
- Misrepresentation of Employment — the borrower presents fictitious proof of employment such as fake pay stubs and employer documentation.
Home Title
Home title issues can be a nightmare for homeowners, and it's essential to be aware of the risks. Deed fraud, also known as home title theft, is a type of scam where scammers steal a property by forging deed documents or faking sales and title transfers.
This can lead to serious consequences, including the scammer taking out a mortgage on the property and pocketing the funds while the actual homeowner defaults. As seen in Atlanta, a man received a foreclosure letter due to a defaulted second mortgage for which he never applied.
You may receive communications about delinquent mortgage payments or missing notices about mortgages and property taxes. Be vigilant and check your records to ensure everything is in order.
Unauthorized changes or tampering of property information and ownership records can also occur. This can be a sign of a home title issue, so it's crucial to monitor your property's records regularly.
Here are some signs of home title issues:
- Communications about delinquent mortgage payments
- Missing notices about mortgages and property taxes
- Unauthorized changes or tampering of property information and ownership records
Foreclosure Rescues
Foreclosure rescues can be a tempting solution for homeowners facing financial hardship, but beware of scammers who promise the world for a fee. One Ohio thief conned over 780 homeowners into paying him to help them evade foreclosure.
Fraudsters often tout apparent legal loopholes or sovereign status as means to stop foreclosures. They might claim to have a special connection with the government or a magic solution to eliminate credit card debt.
Be cautious of anyone who offers to buy your house and sell it or rent it back to you at a reduced rate. This is often a sign of a foreclosure rescue scam.
Here are some red flags to watch out for:
- Someone promises to save your home in exchange for a fee.
- They claim to have a special connection with your lender or the government.
- They offer to buy your house and sell it or rent it back to you at a reduced rate.
Don't fall for these tactics – only your mortgage lender or servicer has the ability to offer you a loan modification.
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