Don't be duped by mortgage fraud. Here are a few common scams and the red flags
you should look for in a transaction.
Mortgage
fraud is pervasive: An estimated $4 billion to $6 billion in annual losses
result from mortgage fraud, according to FBI reports. “An entire community can
be damaged by mortgage fraud,” says Rachel Dollar, a lawyer from Santa Rosa,
Calif., and editor of the Mortgage Fraud Blog. Mortgage fraud can lead to a
spike in foreclosures, home values plummeting, and lenders raising their rates
and fees to recover losses.
The
crimes are often complex, involving several parties and occurring over multiple
transactions. To protect you and your clients, educate yourself about mortgage
fraud and be on guard for any warning signs in a transaction. You can start by
reviewing these five scams, and then test your knowledge by taking our Mortgage
Fraud Quiz.
1.
The Foreclosure Rescue Scheme
The Scam: “Rescuers” promise
cash-strapped home owners that they can save their home from foreclosure. The
rescue, which involves paying upfront fees, can take multiple forms, such as the
perpetrator obtaining a new loan on behalf of the owner or by having the owner
sign over the home’s deed and then rent the home until they can repurchase it.
Eventually, the home owner loses the home, either to foreclosure or the
fictitious rescue company.
Red
Flags: With foreclosure rescue programs, borrowers are often advised to
sign over the title of their house to a third party, become renters of their
home, not contact their lender, or send mortgage payments to a third party,
according to Fannie Mae, which provides fact sheets on mortgage fraud.
2.
Loan Documentation Fraud
The Scam: This fraud involves numerous
schemes in which a borrower provides inaccurate financial information — such as
about their income, assets, and liabilities — or employment status in order to
qualify for a loan with lower rates and more favorable terms. Occupancy fraud is
one growing area: Borrowers say they plan to live in the property when they
actually intend to rent it.
Red
Flags: Documentation may raise suspicion if the employer’s address is
shown as a post office box, accumulation of assets compared to the person’s
income appears too high or low, the new house is too small to accommodate
occupants, the person has no credit history, or the application is unsigned or
undated, according to Fannie Mae.
3.
Appraisal Fraud
The Scam: A faulty appraisal — saying a property is
worth more than what it really is — is connected to many types of mortgage
fraud. It entails manipulating or overstating comparables, market values, or
property characteristics in order to obtain a higher appraisal. The higher
property appraisal, which generates false equity, is done by falsifying an
appraisal document or using an appraiser accomplice to obtain the higher
value.
Red
Flags: Be skeptical of appraisals that are dated prior to the sales
contract, list comparable sales that do not contain similarities to the property
or are outside the neighborhood, the owner is not the seller listed on the
contract or the title, or a third party participating in the transaction orders
the appraisal, Freddie Mac warns.
4.
Illegal Property Flipping
The Scam: This entails purchasing
properties and reselling them at inflated prices. These scams usually involve
faulty appraisals and inaccurate loan documents. The property is then refinanced
or resold immediately after purchase for an inflated value. The home is
purchased at a higher price, often by straw buyers working with the “flipper,”
and eventually falls into foreclosure.
Red
Flags: Some key things to look for are rapid refinancing of a property;
the seller recently having acquired the title or acquiring the title concurrent
with the transaction; an appraisal that comes in too high; a property that was
recently in foreclosure being purchased at a much lower price than its sales
price; or the owner listed on the appraisal and title not matching the seller on
the sales contract, according to Fannie Mae.
5.
Short Sales Schemes
The Scam: Borrowers owe more than the current
value of their home so they fake financial hardship and no longer make their
mortgage payments. An accomplice of the borrower then submits a low offer to
purchase the property in a short sale agreement. The lender agrees to the short
sale, unaware that it was premeditated. The property, after being purchased at
the reduced price, is then often resold at the home’s actual value for
profit.
Red
Flags: The borrower suddenly defaults on the mortgage with no workout
discussions with the lender, an immediate offer is made to a lender at a short
sale price, the short sale offer is less than current market value, or a cash
back is offered at closing to the delinquent borrower (disguised as “repairs” or
other payouts, for example) and is not disclosed to the lender, according to
Fannie Mae.