3 Things The Savviest Homebuyers All Know About Mortgage Fraud (2024)

  • Real Estate

Megan Johnson

Megan Johnson

Megan Johnson is a reporter in Boston. She got her start at the Boston Herald, where commenters would leave sweet messages like “Megan Johnson is just awful.” Now, she's a contributor to publications like People Magazine, Trulia and Architectural Digest.

published Apr 25, 2019

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3 Things The Savviest Homebuyers All Know About Mortgage Fraud (1)

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Real Talk: The chances that you could commit mortgage fraud unknowingly are minimal. The industry has become much more highly regulated in recent years to prevent issues like this.

“If you’re working with a reputable lender or a bank and you’re a fairly savvy consumer, it’s probably not something you’ll come across,” say Ed Deveau, a realtor with Century 21 Mario Real Estate in Boston. The buyers most at risk are the ones who are only borderline ready for home ownership; people who, as Deveau puts it, “might not be approved from someone reputable, so they go to [lenders or banks] that prey on those types of consumers.”

That’s where you can potentially hit bumps—by not surrounding yourself with people you trust in the buying and selling process. Here are three things to keep in mind about mortgage fraud:

1. Mortgage Fraud is on the Rise

The FBI officially defines mortgage fraud as “misstatement, misrepresentation, or omission in relation to a mortgage loan which is then relied upon by a lender.” Translated for us normals, that means a homebuyer, seller, or lender lies or leaves out key information that leads to a mortgage loan approval or terms that the applicant wouldn’t normally qualify to receive. According to CoreLogic, mortgage fraud increased 16.9 percent in the second quarter of 2017 vs. the prior year. Why’s this? First, the demand for homeownership is on the rise, since it hit a 50-year low of 62.9 percent back in 2016. With fewer homes on the market, the race to acquire a home can get even more intense, leading people to try to outdo each other. Add in higher interest rates and higher home values, and things can get a bit hairy.

2. Occupancy Fraud is the Most Popular Form

Occupancy fraud happens when mortgage applicants deliberately provide false information about their intentions on a mortgage application. For instance, a consumer may fraudulently disclose to a lender that they’ll live in the house when they really intend to rent it out, with the goal to qualify for the lower interest rates and down payment terms available to buyers looking to finance their primary home as opposed to an income property.

3. Steer Clear of Steering & Do Your Research

Even if something isn’t straight up illegal, it can be terribly manipulative. If a Mortgage Loan Officer is pushing you to accept a product that isn’t the best fit for you, this is known as “steering.” “The MLO will tell you all the pros about that product but won’t spend much time talking about the cons,” says Patrick Boyaggi, CEO of RateGravity, a Boston-based mortgage brokerage that helps consumers secure home loans at preferred rates through their network of local lenders. “MLOs may steer you to work with a real estate agent or a closing attorney that the MLO has a personal relationship with, but who might not offer the best deal on fees, or even the best services.”

Do your research about your lender and their organization. Check out online reviews, and only work with someone who is open about their fees and how they make money.If you work with local institutions, you know that they care about their brand, their communities and their reputations—they can be relied on to put customers first,” says Boyaggi. “If you follow those steps, you’ll be able to avoid most of these manipulative sales tactics.”

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Re-edited from a post originally published 04.28.2018 – LS

Filed in:

First Time Home Buyers

Home Financing

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3 Things The Savviest Homebuyers All Know About Mortgage Fraud (2024)

FAQs

What is most important in detecting mortgage fraud? ›

Many common mortgage fraud scams like identity theft and falsification can be stopped with strong security practices like identity authentication. With robust identity authentication as a first step, lenders can ensure the veracity of everyone involved in an online transaction.

What are three different activities of mortgage fraud? ›

providing fraudulent documents to mortgage lenders to prevent foreclosure; obtaining mortgages using false identities; filing for bankruptcy using the names of those who they were defrauding.

What are the most common examples of mortgage fraud? ›

Attempting to hide a bad credit history is also a common type of mortgage fraud, and around 20% of mortgage fraud involves lying about an employment situation. Another kind of mortgage fraud is failing to tell the lender about the use of the property.

Do people get caught for mortgage fraud? ›

Yes, lying on your mortgage application (whether it involves committing occupancy fraud or not) is a federal crime, and a serious one at that. You could pay large fines or spend decades in prison if convicted.

What are the two main distinct areas of mortgage fraud? ›

There are two distinct areas of mortgage fraud—fraud for profit and fraud for housing. Fraud for profit: Those who commit this type of mortgage fraud are often industry insiders using their specialized knowledge or authority to commit or facilitate the fraud.

What is the primary red flag for identifying potential mortgage fraud? ›

The biggest mortgage fraud red flags relate to phony loan applications, credit documentation discrepancies, appraisal and property scams along with loan package fraud.

How do they investigate mortgage fraud? ›

The ATFO advises that upon receipt of mortgage fraud information, the ATFO conducts searches of the Automated Case System (ACS) to locate Suspicious Activity Reports (SARs) and FD-71 Complaint Forms. Special Agents (SAs) print out the SARs and FD-71s and extract pertinent information from these reports.

What is a pattern of mortgage fraud? ›

"Pattern of residential mortgage fraud" means one or more violations of subsection A that involve two or more residential properties and that have the same or similar intents, results, accomplices, victims or methods of commission or are otherwise interrelated by distinguishing characteristics.

What does mortgage fraud look like? ›

Scammers often use a false or stolen identity to commit mortgage fraud. This happens when the scammer obtains financing by using an unknowing victim's financial information – often in the form of a Social Security number, stolen pay stub, falsified employment verification form or some combination of these.

What state is the riskiest for mortgage fraud? ›

New York has the top position for mortgage application fraud risk, with Florida, Rhode Island, Nevada, and Connecticut rounding out the top 5. Rhode Island had the largest increase - 60% year-over-year. Its index stands at 170, significantly higher than the national index of 121.

How often are people convicted of mortgage fraud? ›

(August 2022) In fiscal year 2021, there were 58 mortgage fraud offenders sentenced in the federal system. The number of mortgage fraud offenders has decreased by 69.9% since fiscal year 2017. The USSC HelpLine assists practitioners in applying the guidelines.

What happens if you lie about primary residence? ›

They may also call the loan due in full, and if the borrower cannot pay, the lender may begin foreclosure proceedings. In addition, as a type of misrepresentation and banking fraud, occupancy fraud is considered a federal offense. Cases may be referred to the FBI for investigation and eventual prosecution.

What's the most common indicator of illegal property flipping? ›

Illegal property flipping occurs when property is purchased and resold quickly at an artificially inflated price, using a fraudulently inflated appraisal.
  • Owner listed on appraisal and/or title may not match the seller on the sales contract.
  • Refinance transaction used to pay off private short-term financing.

What is the most commonly reported complaint related to mortgage lending? ›

Poor communication, or a lack of responsiveness, is the most common complaint in the mortgage lending process.

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