Special offer

Everyone Is Hurt By Loan Fraud, Especially Innocent Homeowners

By
Mortgage and Lending with George Souto NMLS #65149 FHA, CHFA, VA Mortgages NMLS #65149

Everyone Is Hurt By Loan Fraud, Especially Innocent Homeowners.  I only originate mortgages in Connecticut, but it is not unusual for me to get e-mails and phone calls from homeowners in other States as a result of my blogs on ActiveRain.  A while back I got a call from a homeowner in California who has an FHA Mortgage he and his wife had recently Closed on.  The issue was when they applied for the mortgage the intent was for them to live in the home for a very long time, so the loan was originated as an Owner Occupied Mortgage.  However, little did they know their plans would quickly change.  By quickly I mean in less than a month after they closed on the property.

Less than a month from closing on their new home, his company offered him a position in a different location for more money.  Even though they had just moved into their new home, this was an offer he and his wife felt they could not turn down.  They did not want to put the house back on the market for sale, because the company wanted him to relocate very quickly.  So they contacted their Lender, a major bank, and explained the circumstances.  They inquired if it would be possible to rent the property since he would be taking the other position and relocating.  The customer service representative told them they needed to submit a formal request to the bank in order for a determination to be made.

A little over a month later they received a denial from the Lender to their request.  The response was puzzling to them, which caused them to go on the Internet and start Googling for more information on FHA Mortgages.  I have written a number of ActiveRain blogs on FHA Mortgages, so my name not only came up quickly, but it also came up often.  I picked up the phone when they called and they explained the whole situation to me.  Unfortunately I had to reaffirm what the bank told them. 

FHA is only an Owner Occupied Mortgage, can't purchase the home today and then turn around tomorrow and use it as an investment property.  These people were not trying to hide what they were doing, something unexpected happened causing their situation to change.  But because the Occupancy Fraud is the second major form of Loan Fraud committed today, the bank and FHA are going to be very suspicious this was not their intent from the beginning. Also even though he had a formal letter from the employer with the job offer, which was dated after the Closing on the property, the transfer would be voluntary, so he did have a choice.

Had the offer from the employer been a year later, no problem, a request would not even of had been needed to be made.  After a year they could do whatever they want with the property, maybe even as early as six months, but not in less than a month.  They were caught between what is referred to as "a rock and a hard place".

Regardless of what these homeowners say, or documents they produce, it is very unlikely the Lender was going to believe they did not have knowledge prior to the Closing he would be receiving this job offer, and choose to not notify them to change the loan from an Owner Occupied Loan to an Investment Loan.  To the Lender this was an attempt at occupancy fraud, and trying to obtain a mortgage as Owner Occupied, when in reality the Borrowers intended it to be an investment property.

These homeowners seemed like honest people to me, but unfortunately for them they are being penalized because of those who are not honest and committed Loan Fraud in the past.   When it comes to loan fraud Everyone Is Hurt By Loan Fraud, Especially Innocent Homeowners like these people.

 

 

******************************************************************************

 Info about the author:

George Souto NMLS# 65149 is a Loan Originator who can assist you with all your #FHA, #CHFA, and #Conventional #mortgage needs in Connecticut. George resides in Middlesex County which includes #Middletown, #Middlefield, #Durham, #Cromwell, #Portland, #Higganum, #Haddam, #East Haddam, #Moodus, #Chester, #Deep River, and #Essex. George can be contacted at (860) 573-1308 or gsouto@mccuemortgage.com

Posted by

George Souto
NMLS# 65149

C (860) 573-1308
CALL 7 Days/Wk
Fax (860) 760-6891

Email Me
About Me
My Blog

I am a Mortgage Loan Officer who can assist you with all your mortgage & refinancing needs in
CT, and RI

I can assist you with your Conventional,
FHA, CHFA, VA, USDA, & 203K loan programs.

I reside in Middlesex County which includes Middletown, Middlefield, Durham, Cromwell, Portland, Haddam. E. Haddam, Higganum, Chester, Essex, Deep River.

 

Comments(29)

Jennifer Fivelsdal
JFIVE Home Realty LLC | 845-758-6842|162 Deer Run Rd Red Hook NY 12571 - Rhinebeck, NY
Mid Hudson Valley real estate connection

George your articles sure has a wide reach.   Yes everyone is affected by loan fraud.  Unfortunately the innocent borrower got caught up in the web.

Jul 07, 2015 04:26 PM
Conrad Allen
Re/Max Professional Associates - Webster, MA
Webster, Ma, Realtor

Ouch George.  They should negotiate with their new employer for a years worth of payments on the house and leave it vacant.  Make sure they get vacant home insurance.

Jul 07, 2015 08:45 PM
Maria Gilda Racelis
Home Buyers Realty, LLC-Manchester, Bolton. Vernon,Ellington - Manchester, CT
Home Ownership is w/in Reach. We Make it Happen!

Good Morning George: What a predicament for the owners. They should be contacting Conrad Allen too for advice.

Thanks for that vacant home insurance info Conrad.

And George, I am not surprised that you are all over Google. You do write very informative and useful loan and mortgage blogs.

Kudos.

Jul 07, 2015 09:53 PM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

George, sure seems like this family should have been able to rent their home, as it was a situation out of their hands.   

Jul 07, 2015 10:38 PM
Kathy Streib
Cypress, TX
Home Stager/Redesign

George- that really is a shame and yes, those things happen and innocent people suffer the consequences. 

Jul 08, 2015 12:34 AM
Lisa Von Domek
Lisa Von Domek Team - Dallas, TX
....Experience Isn't Expensive.... It's Priceless!

Hello George,

And that is usually the case in all circumstances...those that play by the rules get burned by those that don't. 

Jul 08, 2015 05:32 AM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

This is so unfortunate and hope they can work it out. Maybe they can postpone the transfer for a few months. 

Jul 08, 2015 10:50 AM
Thomas F. Scanlon
Borgida & Company P. C., CPA's - Manchester, CT
CPA, CFP

George Souto - Well done. It wasn't long ago when all you needed to get a mortgage was a pen. The pendulum has swung too far in the other direction. Too bad these folks and many other honest ones have become collateral damage. The pendulum will swing again although it might be a while. 

Cheers,

Tom

Jul 08, 2015 11:42 AM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

This is a case of who knew....the bigger the lender the less likely they will understand snyyhing ..unfortunately !

Jul 08, 2015 11:48 AM
Debbie Gartner
The Flooring Girl - White Plains, NY
The Flooring Girl & Blog Stylist -Dynamo Marketers

This really does stink.  I would see if they can go back to employer and see if relo package can help cover 6-12 months.  Years ago when I relocated I got cost of living adjustment for 1.5 yrs.

Jul 08, 2015 11:53 AM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Sad story George Souto - and based on what you mentioned, there is no way out for them.

Can they re-fi in some other product and then lease?

Jul 08, 2015 01:39 PM
Jan Green - Scottsdale, AZ
Value Added Service, 602-620-2699 - Scottsdale, AZ
HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

Very sad but it does happen. In fact, it's happened to me before I moved to AZ.  Fortunately I did not have an FHA mortgage and sold for more than the home was worth, but in a declining market, it is what it is.  Very sad to have to take this call I'm sure!

Jul 08, 2015 01:53 PM
Maureen Bray Portland OR Home Stager ~ Room Solutions Staging
Room Solutions Staging, Portland OR - Portland, OR
"Staging Consultations that Sell Portland Homes"

What a predicament .... hope they were able to work it out some other way.  Nice to hear that your AR blog is so widely read!

Jul 08, 2015 03:37 PM
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Indeed there has been lots of fraudent loans. Hopefully people are smarter to spot traps.....Often people do not ask right kind of questions....

Jul 08, 2015 04:07 PM
MaryKay Shumway
The Kellstrom Ray Agency, Inc. (Est. 1948) - Sister Bay, WI
Door County Wisconsin's Real Estate Expert

I think you mean that the bank MAY have understood the circumstances if more time had passed and they could have potentially refinanced to a secondary commercial loan, but in no circumstances are FHA loans ever intended to be used for rental. 

Jul 08, 2015 10:21 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

What people will do when it comes to wealth, power and fame no longer surprises....Many learn that you can do anything UNTIL you get caught!

Jul 08, 2015 11:27 PM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

Again George, FHA borrowers need to know & understand their mortgages well...especially the restrictions...you bring up an important point.

Jul 09, 2015 01:32 AM
Amanda S. Davidson
Amanda Davidson Real Estate Group Brokered By Real - Alexandria, VA
Alexandria Virginia Homes For Sale

George, this is such a shame and it's a small percentage that make things so much harder on the majority. I feel for these homeowners. You're right, they need to understand what an FHA loan means and that includes restrictions. I hope they can figure something out.

Feb 22, 2016 06:17 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

That's really a crappy thing to happen. He needed to regotiate a buy out plan with his employer.

Feb 22, 2016 10:53 AM
Roy Kelley
Retired - Gaithersburg, MD

Congratulations on your feature recognition. This is a good story to share.

Feb 23, 2016 04:18 AM