Mortgage fraud is a word describing a broad selection of criminal activities with the intention to misrepresent or omit data on a mortgage loan application to get a loan or a huge loan amount. In the courts, it’s prosecuted as wire fraud, mail fraud, bank fraud and money laundering with up to thirty years imprisonment.
Because of the increasing fraud in the past few years, some states have also started to enact their own penalties for this crime. Here are some examples of a mortgage fraud:
Undisclosed kickbacks like putting up a deal with a seller to give you cash or a check across the table to get brand new roof and also the lender isn’t aware of it because it’s not disclosed on the purchase contract; addendum or the estimate closing statement, then it is considered as a mortgage fraud.
If a borrower without a down payment borrows a down payment from the seller in exchange of giving a seller a silent second mortgage, which is not recorded and hidden from the mortgage lender.
Falsifying employment earnings by inflating their income above and beyond the W-2. In other words, intentionally creating false entries on income received every month.
Down payment gifts you’ve got to repay. Both parties, the recipient and giver commit loan fraud if the gift is to be repaid since gifts can’t be repaid.
If you have two purchases and send the false contract with the higher value sales to the mortgage lender with the hope of acquiring a better appraisal.
Some dishonest borrowers without an earnest money deposit can state in the contract that the deposit was paid outside of escrow.
Lying on your real estate loan application, even tiny items could constitute a fraud. Nevertheless, many borrowers a hedge a little here and there usually because they do not know better or perhaps even worse, since the real estate professional suggested the idea.
If a real estate person will approach you and ask you to be a part of a mortgage fraud scheme, and if you suspect any mortgage fraud, be sure to report it to the FBI immediately. Remember that if a deal that sounds too good to be true is possibly a scam.
Furthermore, remember that a mortgage fraud is a prosecutable crime and is against the law. If you have the suspicion that you are being asked to be a part of it or encouraged to break the law, talk to a reputable real estate attorney or the licensing authority in your state before you move forward with your plans.
Remember that mortgage fraud is a growing crime rate that’s threatening to hurt homeowners, businesses and also the national economy as well. Protect your home and its equity and avoid falling victim to fraudulent activities by recognizing and understanding the signs of mortgage fraud. Make it a point to understand how to report such acts to your state or the federal authorities so they can prevent scam artists from preying on innocent people.
Another great article by Chet Williams Real Estate, Prudential Jack White R.E.