My company offers its originators ongoing advice on Mortgage Fraud Prevention.
Here is detailed information on some of the various schemes prevalent in the real estate industry today that may benefit everybody.  Many of the six schemes identified below have been around in some form or another and are certainly not all inclusive - but are quite likely occurring in your market area.

1.  AIR LOANS: A swindler invents borrowers and properties to obtain loans. The perpetrator may set up phones  and pose as borrower, employer, appraiser and credit agency when the lender calls to verify employment, income and credit.

       RED FLAGS:  

       1. Application completed or forwarded by someone other than the borrower.

       2. Employment and address discrepancies between credit report and app  lication.

       4. Applicant requests to use their own appraiser

2.   SELLER BAILOUT:   A very common scheme in weak markets (values are soft or declining) where sellers (primarily builders and developers) are finding it difficult to sell their properties at the cost of construction or to obtain their expected equity.   Appraisers are recruited to over-appraise properties using older comps, etc.  Buyers are recruited to purchase properties at a higher sales price with significant cash kickbacks at closing to buyers.  These kickbacks may or may not be disclosed on the HUD I.  

       RED FLAGS

       1.  Buyers are not "typical" real estate investors and are not well informed on the details of the investment property they are purchasing.

       2.  Appraiser appears to be well connected to seller.

       3.  Documentation for loan may be atypical for a purchase transaction.

       4.  Financing denied by another lender and reason appears suspect.

       5.  Source of down payment may be not appropriately documented.

       6.  Unusual Inquiries to loan officers asking about policies on seller credits.


3.  CHUNKING: A swindler holds a seminar promising to show investors how to get rich buying property with no money down. Using the investors' personal information, the swindler submits multiple mortgage applications, pocketing the loan proceeds.  

     RED FLAGS:

  1. Requests for fast closings on multiple loans.
  2. Income appears inflated on stated income
  3. Person other than borrower heavily involved in application process
  4. Stated Assets or VODs used from one bank on multiple loans


4.  DOUBLE SALES: A swindler can record a deed, arrange a loan, and before those transactions show up in the computer, file another deed and arrange another loan.  Weeks can pass between the filing of a property record and its appearance in computerized registries used by title-search companies.

       RED FLAGS

       1.  Multiple new mortgage loans on credit report

       2.  Request for rush closing.

       3.  Unusual concern by borrower in details of mortgage process. 

5.  HOME IMPROVEMENT CONS: A contractor talks the homeowner into making costly or unnecessary repairs. The contractor loans the homeowner money for the job or steers him to a mortgage lender, then has the loan proceeds sent directly to the contractor. When the loan forecloses, the contractor can end up taking the house or part of the sale proceeds from it.

       RED FLAGS

       1.  Cash out proceeds where title company is directed by another entity to    pay proceeds of loan to someone other than the borrower.

       2.  Borrower does not appear well informed on reason for applying for loan.         May be elderly person with considerable equity in property.

6.  STRAW BUYER:  The swindler pays a person, often a friend or relative, for the use of his name and credit history to use in applying for a loan.  This is similar to an AIR LOAN but typically involves the borrower getting paid for the use of his/her name and credit history.

     RED FLAGS

  1. Borrowers who appear to be "steered" by seller or realtor or another entity on all details of transaction.
  2. Borrowers who appear to not ask typical questions or refer your questions to another party in the transaction.
  3. Purpose for purchasing home appears to be atypical (not in borrower's area for investment purposes or in borrower's price range).

As elaborate as they may appear, most of these schemes become readily apparent when the Loan Officer asks the right questions during the interview process and follows up with the right questions when something does not appear legitimate. 

The challenge is identifying a conspiracy scheme when more than one person is involved particularly when they are industry professionals.  The best fraud artist is an industry player because they know how to manipulate the system.   

Everybody involved in a real estate transaction, professionals and consumers alike, should be mindful of these schemes and work to prevent fraud and protect the system.   

 
Post is included in group: Chicago Loan Officers

28 Comments on Mortgage Fraud Schemes In Your Local Market...

JAN
25
2007
1 Featured Post

Brian,

Incredibly helpful! I agree, everyone involved in a real estate transaction needs to be mindful of mortgage fraud.  A local agent that I know fell victim to a fraud many years ago and still has to deal with issue. 

1:36pm • #1
169,024 Points Outside Blog

Thanks for sharing. The "Air Loans" you discussed are probably the most common that i see here in  southern california. Schemes like these put you on alert when you are taking a new loan application.

Eddy

1:53pm • #2
317,483 Points 45 Featured Posts Outside Blog

Brian - thanks for taking the time to write about this.  I know there've been other posts on this, but I don't think we can ever hear or read about it enough.  I just heard a couple of really scary stories here in my area about some blatant mortgage fraud........it's a scary world out there.

Thanks again,
Ann

2:25pm • #3
2 Featured Posts

Great info, Brian.  Allow me to add "Flipping".  While some folks legally purchase, improve, and resell properties, the "flipper" often does only cosmetic improvements and then by use of false receipts, "imaginative" appraisals, or false buyers to bid up price sells at a large percentage profit in a very short period of time.

In our area, I see occasional duplexing of large, older homes without permits.  The property is then sold claiming that it has been duplexed for some time and thus should be grandfathered in though zoning for the neighborhood may have changed to disallow multi-family. 

2:38pm • #4
2 Featured Posts
Brian, thanks for this useful information, I'll forward it on to one of my customers.  We were talking about this same topic today.
2:41pm • #5
8 Featured Posts Outside Blog
Thanks for sharing.  I like how you have clear descriptions of the different scams....
2:52pm • #6
12 Featured Posts
Nice post Brian.  I've seen several of the identified schemes in the last couple of years and it seems to never go away.
2:57pm • #7

Boy is this a valuable list! Thanks so much! Ironically I had just finished posting a blog about the buyers side responsibility to prevent fraud and not be a victim. Its great that this is being reinforced through a variety of mediums. Keep it coming!

 ooh, yummy...elderberry.

4:00pm • #8
1 Featured Post

Thanks for all the great comments and the overall concern for the subject matter...

Darryl - Sorry to hear your agent friend was a victim this fraud - even insiders are not immune. 

Eddy - I recently moved from Chicago where Gang members were alleged to have perpetrated many of these fraud schemes. 

Ann - This information needs to be circulated over and over so everybody can be educated about fraud.

Terry - You're right flipping is probably the most prevalent practice - when it leads to inflated values. 

Netta - Your area is definitely succeptible to these schemes as the market turns...

Kaushik - This certainly is not an exhaustive list...the perpetrators will always adapt to the changes.

Steven - The scary part about some of the schemes is the level of participation by multiple people.

Trevella - Many industry professionals are starting to become more proactive when it comes to shady deals.

5:32pm • #9
224,760 Points 2 Featured Posts Localism Sponsor Outside Blog
That was an awesome post!  Thanks so much for sharing and making us mindful of situations that can easily get us in trouble.  Good job!
9:54pm • #10
121,298 Points 6 Featured Posts Outside Blog
I've never heard of some of those. Especially not by a name. Very good information.
11:31pm • #11
JAN
26
2007
Brian, this is a very informative post.  I try to always assume the good in people, but unfortunately that is not always the case.  This post is especially significant in Michigan as we are one of the highest fraud states. 
10:50am • #12
1 Featured Post
DIANE - Thanks for the comment...hopefully we can all work to remove this from the industry.

CHRISTY - This was by no means all the scams out there - thanks for the comment.

MARIO - One of my first closings involved a scam of another sort that I inadvertantly stopped at closing.
             I had not met the prospect prior to closing and noticed the "person" offered as the co-borrower was not the Spouse on the application.  There was a 20+year age difference and she did not match the photo id.  The primary borrower indicated that his spouse was out of the country and that he brought a proxy to sign for her.  Without any power of attorney we offered to reschedule but he never called back...guess the spouse never new about the loan.

 



 
1:45pm • #13

Wow! Thank you for all of the information! I didn't know about all of these "loopholes" people are using! And the "RED FLAGS" are good too, I'll definately keep this as a saved page!

Thanks again

2:04pm • #14
JAN
27
2007
296,805 Points 100 Featured Posts Localism Sponsor Outside Blog

Brian,  Thanks for an Excellent post.  This is very useful information and I will pass it on.  It is helpful to see not only the descriptions but the Red Flags to look out for.  Although, I am a Real Estate Broker, it is important for all of us to become educated about what is going on in related industries.

Lola Audu, CRS GRI

www.auduhomes.com

 

4:35pm • #15
JAN
29
2007
169,024 Points Outside Blog

Brian i think MSNBC or CNN did a piece on that, i dont quite remember.

Eddy

1:58pm • #16
JAN
30
2007
1 Featured Post
NATALIE - There are a number of schemes that fall into loopholes...hopefully we can fill the gaps.

LOLA - These schemes impact everybody in the local community...industry professionals can help curb it.

EDDY - The Chicago Tribune also documented these fraud types due to activity in Chicago.
9:21pm • #17
JAN
31
2007
260,335 Points 77 Featured Posts Localism Sponsor Outside Blog
Good stuff, Brian.  I just featured you in the Michigan Group.  Sorry I did not catch it earlier. 
8:53pm • #18
FEB
08
2007
260,335 Points 77 Featured Posts Localism Sponsor Outside Blog
Nice to meet you tonight Brian.  Time to put up a photo. You are much more handsome than that logo.
8:35pm • #19
FEB
10
2007

 

Hi there Everyone

I was,am a victim of my spouse obtaining a fraudulent Mortgage as a unmarried/single women.CitiFinanical Mortgage Company helped the Mortgage Broker manipulate the paperwork to process the loan.plus the title company did'nt catch it....there was an existing mortgage with both our names on it."Now" CitiFin is beating me down.Will someone please help by telling me what banking rules they violated? On the record CitiFin attornies admitted they did'nt verify any of the application infor.nor did they check anything.I need help fighting this giant who is owned by Citigroup.I do have the documents proving they knew she was married and the property was my homestead residence.CitiFin filed for summary judgment stating they were not liable for her fraud but admitted their neglect...What do I do???? I don't have an lawyer and can't afford one anymore...As a former combat Marine I shall fight back.If someone can add help please call before its to late.   863-651-9297     Thanks Allan Heuton

Allan Heuton
8:09am • #20
FEB
22
2007
10 Featured Posts

Brian,

Great post for everyone to read.  It breaks my heart that this is happening.  It is causing depreciation and a host of propblems.  Wrong is wrong and it makes me sick.

As much as we want to make a sale, it is far more important to be able to live with yourself.

11:03pm • #21
FEB
23
2007
1 Featured Post
SARA -

Thank you for the comment...you're right in the long run everybody will feel the impact - much like insurance fraud.
Glad to see you are participating more actively as you provide a lot of much needed passion and emotion.
9:36am • #22
10 Featured Posts

Brian,

Passion and emotion... WOW!  Thanks.

9:38am • #23
MAY
04
2007

I have a question who is really at fault when these mortgage companys can fraud us into loans loaning me money ona house that when the loan is paid its morre then the house is ever going to be worth so i think even fraud commited to them is well deserved

charles harvey
7:18pm • #24
MAY
07
2007

i have alwayts loved the rush c;losing

 

i loved it more wheni was a UW

 

you say that an it gets looked at harder

 

its true

11:19pm • #25
MAR
02
2008
134,346 Points 13 Featured Posts
Brian - this is an excellent post. At your convenience please post it to our new group Mortgage Fraud, Foreclosure Fraud and Elder Abuse Housing Fraud. We will only eliminate this blight on our market and our reputation by educating other Realtors, Mortgage Bankers and the public. Thanks.
1:58pm • #26

Brian

Great information... scary stuff out there... we have to continue to address this... or the feds will do it for us... and no body wants that...

 

9:40pm • #27
MAR
03
2008
1 Featured Post
If the Fraudsters put as much time, effort, and creativity into legitimate business plans, I wonder how successful they would be?
10:01am • #28

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Brian Brass

Troy, MI

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