Special offer

Real Estate fraud- How does it happen, why does it happen?

By
Mortgage and Lending with Mercury Lending

I have submitted another posting on the Real Estate Finance Market market, with basic news on what is happening every day.  I think the next logical step is to talk about WHY this is happening.  The main motivation and reason that a market collapses or gets saturated is greed.  There is soooo much money to be made on every side of every transaction.  Realtors, mortage brokers or lenders, title and escrow, appraisers, everyone involved, gets paid, and gets paid well for their time.  With the increase in demand over the last 4 years, the attractiveness of joining the real estate workforce has gotten even more attractive, and relatively easy to get started.  Why wouldn't people want to be involved? (I am one of them!!)

What this did was open the doors to the negative part of the business.  Everyone wants to "eat" while there is food on the table, and eat well.  This desire to "eat", fueled the market, and created the inevitable demise of the mortgage market that we are starting, and I stress, starting...to see.  It is only the beginning.

On the mortgage side, there are many types of fraud that exist, and ultimately kill the market.  Some of the most common forms of Real Estate Fraud are:

Pushing appraisal values

Faking or altering income or asset documentation                       

Giving cash-back on purchase transactions

Flipping Properties- (not like you see on TV!, see below)

Baker Beach

Pushing Appraisal Values

This is a basic form of fraud.  Lenders are relying on an appraiser to come to a decision on the value of the property without "heat" or "pressure" from a seller, buyer, Mortgage Broker, or real estate agent.  That "pressure" can cause them to inflate the value, for fear of losing future business from the parties involved.  Now, in the case of the 3 years ago when the market was appreciating every day and you didn't have to really worry about the value, it didn't really matter as much, but when now, we are faced with the thought that home prices possibly coming down, this "pressure" can hurt the people that are financially banking on the appraiser, the lender.

Faking or Altering Income of Asset Documentation

This is a technology age.  Creating fake forms of income or asset proof is out there, and I am fighting against it daily.  If I have a borrower that has a FICO score, makes a certain amount of income, and according to the market, deserves a certain rate, and I am getting shopped and beat by someone that is quoting a rate 1 or 2 percent lower than my quote, with the same cost, something is going on.  There are two possibilities, they are faking documentation to get into a better program, or they are pulling a "bait and switch" type scheme getting the borrower to go with them, and then switching the terms upon the loan signing.  Both cases are forms of fraud and are not just unethical, but are illegal.

Giving cash-back on purchase transactions

One of the more common types nowadays is when a buyer will get cash back after buying a home.  This is a form of fraud, in that again, the appraisal is ceritifying a value of the property, and that extra out of escrow cash-back is distorting that value, and the lenders investment. 

Flipping properties

I am not talking about when a person buys a home and improves it and sells it the next month for a profit, that is just good business.  I am talking about when someone buys a property, sells it to a friend for a profit, who sells it to another friend for a profit, and sells it again to another friend for a profit.  This is an evil type of fraud, because each person along the way makes a killing, and the final lender is the one left with the bill.

Real Estate Fraud is happening every day, that is nothing new.  When people can make 3-5 points on a transaction (in the San Francisco Home Mortgage Market that is up to $25,000 on a normal transaction!) and all you need is a decent credit score, Mortgage Brokers can make a killing, and in the long run, the person that is left holding the knife is the bank.  In this case, New Century(update at CNN) the second largest sub-prime lender,  is on trial, and going to be dealing with it for years, if they are even going to be around.  I think over the next few years we will see a decrease in fraud, because lenders won't ignore potential red flags, and a balancing of the market, so that we will get back to a more honest business. 

Jason Vombaur
Keller Williams - Vancouver, WA
You always need to keep any eye out for scams.  If it sounds good to be true it usually is.
Apr 26, 2007 03:04 PM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Jonathan.... this was very well-written. I took a stab at this in a post several weeks ago. Titled, Help, I can't make my mortgage payments. Again, in regards to your post, you did a much better job. Clean, quick, and too the point. You basically hit everything that needed to be mentioned. Basically... so many hands in the so-called money pot. And so many that were new, jumping in, wanting a piece of the pie, without knowing what they were doing. Great job.....

On another note, welcome to Active Rain and CONGRATS on your 1st featured post. 

 

feature

 

 

        

           

                                                                  

 

                                                                    jeff b

Apr 26, 2007 03:57 PM
Larry Bettag
Cherry Creek Mortgage Illinois Residential Mortgage License LMB #0005759 Cherry Creek Mortgage NMLS #: 3001 - Saint Charles, IL
Vice-President of National Production
I too, like food with my meals....however, it is important that I sleep well...not just with a full stomach.  Great post.  As I've commented before...we don't necessarly need more legislation and licensing....we need to prosecute the criminals.  that'll clean up fraud o'night.  Great comments
Apr 26, 2007 04:05 PM
Jonathan Vetter
Mercury Lending - San Francisco, CA

Thank you Jeff and Larry.  I am pretty passionate about the fraud I hear about.  It drives me crazy!

How did I get a featured blog?  How does that work?

Apr 26, 2007 05:10 PM
Tom Burris
NMLS# 335055 - Baton Rouge, LA
Texas/Louisiana Mortgage Pro - 13 YRS Experience

I can't afford fraud.... my family would starve.

But I have lost deals to other brokers who would do a fraud loan for a measily $2K.

Funny thing is.... I actually had a client ask me why the other broker was sooooo much cheaper. You should have see their eyes bulge out when I told them that they committed loan fraud to do the loan and that the client was just as guilty.

The public needs to be aware of fraud as much as we industry insiders do.

 

 

Apr 26, 2007 05:49 PM
David Doerr
David Doerr Mortgage Team @ Axia Home Loans - Spanish Fork, UT
14 Year Mortgage Professional

Utah is #1 in mortgage fraud, I work in Utah, Tuesday I met with the President of the Division of Real Estate, and its chief fraud investigator, it was sad to hear that Utah is again #1.  MARI provided the data for our DRE, it did include one statistic I was not expecting.  The report stated nearly 70% of the fraud was committed by people outside of the DRE's jurisdiction.  What does that mean? It means that nearly 70% of the fraud is being committed by bank LO's and the general public:  Not mortgage brokers, not appraisers, and not real estate agents. I suspect a few of the guilty had previously had licenses, but I am sure that is the exception not the rule. 

Bottom line, my industry is cleaner than I thought, but it still has a long way to go.

Apr 26, 2007 06:25 PM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Jonathan....  there are moderators that just pick good content, that is well-written, and that has an all around appeal to the members here.

Tom...   I love your first sentence. And I would loved to have seen their face when you told them that. I have had to tell a few clients what was going on and that they could still go to the other lender. One said... no thanks, I'll stick with you. You are absolutely right.... education.... educating the consumer.

                                                                                                              jeff b

Apr 26, 2007 07:14 PM
Christy Powers
Keller Williams Coastal Area Partners - Pooler, GA
Pooler, Savannah Real Estate Agent
Wow....great post, very informative. I had no idea about the flipping....
Apr 27, 2007 01:20 AM
Daniel Gates
Insure Consulting - Palm Bay, FL
Where there is lots of money you will always find lots of fraud.  By the way, can I interest you in some prime property on the moon?
Apr 27, 2007 05:23 AM
Alan Lacey
Alan Lacey- - Grand Rapids, MI

I saw something interesting in how some places delineated the fraud into fraud for profit and fraud for comission. ( I know it seems the same) Fraud for profit is the straw buyer, house flipping, and deed stealing stuff, but fraud for comission the thousand little things that can be done by any one in the mortgage transaction to get it closed.

 

Omitting child support and using a voe, having assets depositeed to make the vod look good, getting a falsified vor. the list goes on.

 

I think two things would greatly reduce fraud

1. Instead of having one big pay day use residuals for performance the key mode of compensation

2. Lenders need to be more complete in their QC for verifications etc... 

Apr 27, 2007 05:25 AM
Esko Kiuru
Bethesda, MD

Jonathan,

Greed got the best of many people during the last few years. It's human nature, unfortunately. I'm upbeat about the market getting cleaned up a bit now and everyone still around supposedly will behave logically.

Apr 27, 2007 05:42 AM
Jacqulyn Richey
Prominent Realty Group - Las Vegas, NV
Las Vegas Real Estate
Personally I think the penalities should be a lot stiffer, at least here in Nevada. -Charles
Apr 27, 2007 09:37 AM
Kelly Taylor
Kelly Taylor - Taylor Realty Services - Mansfield, MO
Greed!  It is so discouraging because the stories get out and reflect on everybody.
Apr 27, 2007 11:12 AM