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Occupancy Issues

By
Mortgage and Lending with Frontier Home Mortgage

I am finding that more and more latley my borrowers will ask during the initial interview: "So, what if I say I'm going to live there, but I want to rent it out instead?"

About this point in the conversation my stomach turns. Occupancy is a BIG issue. I thought these statements from a Mortgage Blog I was reading today were sobering:

The Wall Street Journal quotes The Federal Bureau of Investigation as stating that mortgage fraud led to losses of $1 billion last year, more than twice that recorded in 2004.

Chip Burrus, assistant director of the FBI's criminal division states that some criminal gangs involved in drug dealing and other street crimes have been attracted by the large sums involved in mortgage fraud. "It's more profitable and less risky," he said.

In the past it was usually borrowers who were the target in mortgage scams, but more and more the target now is the lender.

With just one California Agency, Occupany fraud accounted for over 53% of the claims filed with them.

Some consumers, and even some Realtors & Loan Officers we have encountered seem to have the belief that telling a "white lie" about occupancy is no problem, a slap on the wrist at most.

 

So unless Jail time sounds fun..

Borrowers: Dont lie abour your occupancy!

Realtors and Loan Officers: Dont encourage your borrowers to lie about your occupancy!

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Marlene Bridges
Village Real Estate Services, Inc. - Laguna Hills, CA
Laguna Homes|Laguna Condos|Laguna Real Estate

Thanks for pointing out that big business can be victims, too.  My husband worked as a parole officer for about 8 years.  One of the most surprising things that thieves would say was, "I never stole from people, only businesses and they were insured>"  Seems to me when people lie about occupancy that's stealing too.  Encouraging it is just being an accessory. When the few steal, it the cost of that theft is passed along to the many who don't.

May 17, 2007 07:29 PM
Dominick Gaccino
Dominick gaccino - Peekskill, NY

Lenders are not dumb

 

occupancy is #1 fraud in this country w regard to loans

 

Underwriters who question if you will be in house will order mortgage maintenance on the loan

 

MEANING-they will hire Magnum PI to snoop around and see if you have actually moved in

 

if they find out you havent you will be suject to buy loan back w penalties

May 29, 2007 08:29 AM
Kris Krajecki
Kris Krajecki - FOX VALLEY MORTGAGE - Huntley, IL - Huntley, IL
Mortgage Broker Huntley, IL

"So, what if I say I'm going to live there, but I want to rent it out instead?"

There is nothing wrong with taht question...

The buyers are simply asking "what if"

(hopefully there was no emphesis on the word SAY!)

It sounds to ME like they PLAN on living in the home....BUT....WHAT IF they decide to rent it out? More importantly...exactly WHEN would they decide this?? before they move in or 2 or 3 months down the road...or 3 years down the line!

The correct answer (IMHO) - is to tell the buyers that the lenders are VERY serious about occupancy, and that if at any time they will no longer be living in the property and plan to rent, they should immediately inform the lender as such.

May 30, 2007 03:20 PM
Stephen C. Olczak
Mortgage Help - Fort Myers, FL

Jessica,  I believe the intent of the buyer when they are purchasing the home is what counts.  If they truly purchase to live there, then their life changes, they find a better home, or have to transfer for work, and the place ends up being a rental...that is not illegal to the best of my knowledge. 

Kris's comment is interesting,  if the person moves out and rents to a tenant three years later should the lender be notified?  Maybe that is a good idea...full disclosure.  I don't believe the loan terms would change, perhaps the insurance policy would.

Aug 14, 2007 09:58 AM
Brian Walker
Walker Commercial Funding - Houston, TX

So true...unfortunately, too many LOs are afraid to shoot them straight and just want the deal...fearing that if they don't co-conspire they'll lose the deal...what a shame...

Aug 14, 2007 10:30 AM