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Mortgage Fraud: Fact versus Fiction

By
Real Estate Agent with Integrity Real Estate

A research phase would be the best way to describe the state of affairs in my office these days.  Mortgage fraud statistics are dynamic, moving targets.  Many of you want to know the truth about mortgage fraud, but find it difficult to stay informed. The data is available, but is distributed in fragments, in numerous reports, studies, publications, and news articles.  I'd like to share some of the core definitions and facts with you.

Definitions

 Mortgage Fraud:   Any material misrepresentation in a loan application that influences a mortgage lender to approve an application ... that would have otherwise been declined.  The term material misrepresentation includes information that should have been disclosed to the mortgage lender, but was intentionally withheld.

Subprime Mortgage Lending:   The practice of offering mortgage products with an interest rate and cost structure determined largely by borrower credit history.  A subprime mortgage is often evidenced by adjustable rate and prepayment features and higher than normal points and origination fees.

Early Payment Defaults:
  Mortgage loans that become delinquent by more than 60 days in their first year.


Facts

  • Subprime mortgages accounted for more than 50% of foreclosures initiated in the 4th quarter of 2006.
  • The incidence of reported mortgage fraud was 30% higher in 2006 than in 2005.
  • Employment, income, and occupancy comprise the 3 most misrepresented categories in mortgage loan packages.
  • A lender is unlikely to order a review appraisal to verify appraisal fraud when another form of misrepresentation is verified. 
  • There's a direct correlation between the fees and points charges by a mortgage broker and the incidence of misrepresentation in a mortgage loan package.
  • A mortgage loan based on an application containing misrepresentations is 5 times more likely to default in the first 6 months than a mortgage loan based on an honest application.
  • Less than 10% of mortgage brokers are responsible for 100% of Early Payment Defaults.
  • The probability of default is estimated to be 6 times higher for a subprime loan than it is for a prime loan.
  • It's estimated that mortgage lenders lost upwards to $3 billion in 2005 because of mortgage fraud.
  • According to federal authorities, 80% of mortgage fraud is initiated and facilitated by real estate industry insiders.
  • Mortgage fraud was 10 times more pervasive than credit card fraud in 2006.

A Couple of Thoughts

There's a great deal of information in this post even though it's relatively short in length.  There is a direct correlation between subprime lending, mortgage fraud, and foreclosure statistics.  I'm not opposed to subprime lending.  To the contrary, I am it's greatest advocate when practiced responsibly.  Lender accountability is the key.

Federal Reserve Chairman Ben S. Bernanke recently voiced his thoughts concerning mortgage fraud prevention. Bernanke suggested that effective disclosures are the first line of defense against lending improprieties.  I happen to agree.  A well informed consumer is in a much better position to make decisions in their own best interest.  Written disclosure is not the practice of law unless a particular point of view is advocated.  Don't be afraid to warn consumers that mortgage fraud is punishable by jail time and other serious consequences.  How will they know, if you don't tell them?

My suggestion:  Paper your files with disclosures, prepared by you and signed by borrowers, to clearly explain anything unusual about a real estate transaction or loan product.  What should you disclose in writing?  Anything and everything that bothers you or makes you think twice.   Don't rely on the lender or title company to prepare disclosures.  When litigation rears it's ugly head, you'll be grateful that these forms exist.  Have your broker call me if there's any disagreement with this suggested practice.  

Also, it should go without mention that real estate agents should avoid mortgage brokers with bad reputations.  It's abundantly clear that the majority of mortgage fraud is being perpetrated, or possibly orchestrated in some way, by a relatively small number of players. 

My suggestion:  Refuse to do business with anyone who has a bad reputation in your city or town.  I know who the bad guys are in Baltimore, you know who they are in Grand Rapids, Portland, or Orlando.  This practice applies not only to mortgage brokers, but title companies, investors, and builders as well.

 

Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate

Joe

That's a relatively new statistic.  I didn't realize it either until recently.   

Jun 25, 2007 05:05 AM
Bob Carney
Taylor-Made Deep Creek Vacations & Sales - Mc Henry, MD
Licensed MD/PA Real Estate Agent
Ed, As always very insightful to the bowels of the mortgage industry.  One think I keyed in was "Lender accountability is the key"  So many Mortgage Broker's don't care...they are all about the fast buck and moving on to the next one.  I believe we are only on the tip of the iceberg for the subprime foreclosures in this area. 
Jun 25, 2007 05:06 AM
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate

Bob

The subprime mortgage crises hasn't even started yet.  Thanks for stopping by. 

Jun 25, 2007 05:07 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Where is the buyer's agent in this scenario?  If one of my buyers came to me with one of these questionable loans, they'd soon be educated.  The agent seems to be left out of the scenario.  What are we, potted plants?? 

I'd like to know the percentages of buyers who get stung by mortgage fraud have a buyer's agent.

 

Jun 25, 2007 06:10 AM
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate

Lenn

I wrote this post from the perspective of a real estate agent, generally speaking, looking at mortgage fraud.  I haven't  seen any statistics relating foreclosure or fraud statistics back to the percentage of consumers with a buyer's agent. 

Jun 25, 2007 06:15 AM
Jim Little
Ken Meade Realty - Sun City, AZ
Your Sun City Arizona Realtor

Underwriters are stepping in with a big boot right now. I will close on a property Thursday. The buyer is full doc, to be owner occupied. Underwriting PTD conditions wanted to see that the current home was listed (they own it free and clear). Additionally, since they are downsizing, underwriting wanted a statement as to why they are downsizing and moveing only 48 miles away! Finally, after jumping through all of these hoops, they were also required to sign an "occupancy audit" allowing the lender to check the occupancy any time in the next 180 days. Did I mention their credit score? 820!

On an aside, Arizona just passed a law making mortgage fraud a separate crime. The House of Clowns finally did something.

Jun 25, 2007 07:42 AM
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate

Jim

I really appreciate the valuable information contained in your comment.  I was aware of the passage of a mortgage fraud bill in your state, but hadn't heard of such stringent lending guidelines.  It sounds like you and your buyer had to overcome many obstacles to obtain a mortgage loan.  You don't hear of too many people with a credit score of 820.  Thanks for commenting.

Jun 25, 2007 08:00 AM
Thesa Chambers
West + Main - Bend, OR
Principal Broker - Licensed in Oregon

Ed - I love reading your posts - I learn so much - and what is really great it is always truthful and I know it is the facts - even if some lender is telling me otherwise - I know yours is the truth.  Thanks

Jun 25, 2007 08:50 AM
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate

Hi Thesa

The vote of confidence is greatly appreciated.  There are a great number of additional facts and statistics to follow shortly. 

Jun 25, 2007 09:07 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time
Ed, the problem with subprime loans is that the buyers were so excited about being able to get financing that they didn't question anything. They were sitting ducks for someone wanting to take advantage of them. Or at least that's my take on it. Very good informative post Ed.
Jun 25, 2007 10:17 AM
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate

Bryant

Thanks for your valuable insight.  At this point, I'm not voicing any personal opinions.  I'm going to use a series of informative post to provide a practical and historical perspective on industry practices that lend themselves to fraud. 

At a later date, I'm hoping to tackle tough issues like the yield spread premium and similar concepts that are benign in nature, yet often used to abuse consumers.

 

Jun 25, 2007 10:34 AM
Chris Griffith
Downing-Frye Realty, Bonita Springs, FL - Bonita Springs, FL
Bonita Springs Listing Specialist - Agent

Ed,

I'm learning from your posts continually.  Thank you.

Jun 25, 2007 12:03 PM
Tony Gallegos
Cognicorp Mortgage Banking Advisory - Marietta, GA
Ed - I have seen figures that 97% of fraud cases came from just 3.7% of mortgage brokers from a large lender. Many times, people in our industry need to apply a little Six Sigma analysis and they would truly be amazed.
Jun 25, 2007 12:22 PM
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate
You're welcome, Chris.  It looks like you guys had a great time in Orlando this past weekend.
Jun 25, 2007 12:32 PM
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate

Tony

I'm sifting through a mountain of data right now and just trying to find a reasonable median.   You would think that the fraudster mortgage brokers could be shut down since their numbers are so few.   The dynamic is misunderstood at this time ... I believe.

Jun 25, 2007 12:34 PM
Carole Cohen
Howard Hanna Cleveland City Office - Cleveland, OH
Realtor, ePRO
Ed, I have three companies (well, two companies and one individual mortgage guy) who are on my 'do not use' list; and I am never letting them darken my doors again! You give good advice thanks!
Jun 25, 2007 01:44 PM
Ashley Drake Gephart
Drake Intel Group - Albuquerque, NM
Ed this is a great starter post to help understand the basics. Looking forward to more on this subject.
Jun 26, 2007 08:38 AM
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate

Carol

You're very welcome and I like your comment.  That's the way to make a difference. 

Jun 26, 2007 09:02 AM
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate

Ashley

Thank you.  I'm going to do my very best. 

Jun 26, 2007 09:08 AM
Mott Marvin Kornicki
WaterWay Realty, Ltd. Co. - Sunny Isles, FL

Hi Ed:

Mortgage fraud comes in many shapes and sizes. Often it is disguised as a legitimate transaction!

Jul 27, 2007 01:48 PM