what percent of mortgage fraud is avoidable with awareness attorney general

by Laney Durgan 7 min read

How has the awareness of mortgage loan fraud increased?

It is apparent from the number of pending fraud cases reported by the Federal Bureau of Investigation (721 in 2005, up from 534 in 2004) that the awareness of mortgage loan fraud is increasing. 19 See Figure 2 for a comparison of the percentage of growth in total depository institution SARs filings to the growth in reports of mortgage loan fraud.

Why does mortgage fraud matter?

Utah Office of the Attorney General ; Utah : FY 2010 Mortgage Fraud Initiative Grantees: Grantee: ... than English and focus on steps individuals can take to avoid becoming victims of mortgage fraud. ... and research-based public awareness campaigns about mortgage fraud. In october 2010, BJA and the TTA providers organized a workshop, which ...

What is the most common misrepresentation on a mortgage application?

To request a pro bono attorney contact the IFPN. If you feel you have been the victim of a deceptive real estate transaction or have knowledge of violations committed by a licensed professional in Indiana, you can submit a consumer complaint online at www.IndianaConsumer.com or you may contact Consumer Protection Division at …

What are the most common types of mortgage fraud scams?

May 27, 2010 · Why Mortgage Fraud Matters The Honorable Benjamin B. Wagner United States Attorney Eastern District of California Co-Chair, Mortgage Fraud Working Group Financial Fraud Enforcement Task Force Mortgage fraud has been a significant contributor to the nation's financial woes, wreaking havoc from residential neighborhoods to global financial centers.

How can mortgage fraud be prevented?

How To Prevent Mortgage FraudMake sure you get referrals for real estate and mortgage professionals from trusted friends and family.Find out what other homes in the area have sold for in comparison to the property you are looking at and review tax assessments to verify the property's actual value.More items...•Apr 2, 2021

Which is the best defense against mortgage fraud?

Defenses against a mortgage fraud charge in California may include:that you were misled in a manner that absolves you of criminal liability;you had no intent to defraud—instead, you made an honest error that you can prove was not intentional;alleged victim was not defrauded or deceived;More items...

Is mortgage fraud on the decline?

2:123:09Will Mortgage Fraud Risk Continue to Decline in 2021? - YouTubeYouTubeStart of suggested clipEnd of suggested clipLevel while most were down year over year occupancy fraud risk was up 26. This indicates investmentMoreLevel while most were down year over year occupancy fraud risk was up 26. This indicates investment activity that is hidden from lenders. We expect to see fraud risk begin to edge up in 2021.

How common is mortgage fraud in Canada?

1 in 5 Canadian Homeowners Commits Mortgage Fraud.Feb 21, 2017

Is mortgage fraud a federal crime?

Mortgage fraud is a federal criminal offense that has been aggressively prosecuted in recent years, especially since the housing crash in 2008, and the criminal penalties you could face for a single count of mortgage fraud include up to 30 years in federal prison and fines of up to $1 million.

How do I report mortgage fraud to the FBI?

Criminal Resources for Reporting Mortgage Fraud: The FBI is the agency that handles most criminal mortgage fraud investigations. You can report mortgage fraud to them by calling 202-324-3000 or by using their website at https://tips.fbi.gov.

What is the rate of mortgage fraud?

An estimated 0.83 % of all mortgage applications contained fraud, about 1 in 120 applications, an increase over the second quarter of 2020, where the estimate was 0.61 %, or about 1 in 164 applications.

What was the most common type of fraud reported to the FTC in 2020?

The FTC received fraud reports from more than 2.8 million consumers last year, with the most commonly reported category once again being imposter scams, followed by online shopping scams. Prizes, sweepstakes, and lotteries; internet services; and business and job opportunities rounded out the top five fraud categories.Feb 22, 2022

What is usually the intent when fraud for property occurs?

Fraud for property generally involves material misrepresentation or omission of information with the intent to deceive or mislead a lender into extending credit that would likely not be offered if the true facts were known.

Can you go to jail for mortgage fraud Canada?

Criminal charges may include fraud, forgery, uttering forged documents, and procession of property obtained by crime in applicable cases. All of the criminal charges related to fraud are very serious and presume up to 10 years of imprisonment or even 14 years for serious fraud cases.May 21, 2021

Is lying on a mortgage application a crime?

Mortgage fraud is illegal and investigated by the FBI. Misleading your lender about any aspect of your mortgage application can lead to foreclosure or criminal charges.Jun 22, 2021

What happens if you lie to your mortgage lender?

Lying about your circumstances, or exaggerating / playing down certain information could actually be seen as mortgage fraud and could result in you losing your home, landing a hefty fine or even ending up in prison, depending on the severity of your lies.Jan 10, 2020

Mortgage Fraud

Mortgage fraud has escalated into one of the fastest-growing white-collar crimes in the nation. Mortgage fraud is a criminal offense and often involves fraud against mortgage lenders by mortgage brokers, real estate agents, appraisers, and/or buyers. Here is a list of tips to help you avoid becoming a victim of mortgage fraud:

Understanding Your Rights

It is important consumers are fully informed of their rights and responsibilities as homeowners. In an effort to keep Hoosiers facing tough financial times in their homes, the State of Indiana has passed a law that provides Hoosiers an avenue to talk directly to their lenders, creating opportunities for homeowners to stay in their homes.

Borrower Notice Information

Mortgage loan applicants are entitled to certain rights under state law. Creditors are statutorily required to provide a notice of such rights to borrowers and prospective borrowers within three business days after having received a completed mortgage loan application.

What is HUD form 1003?

Application (HUD form 1003): If a non-lender broker is utilized, the file should be obtainedand compared to that of the lender. If such a broker is used, there are often several copies of theapplication. The initial application is often handwritten and called the "scratch" copy. There could beseveral more versions and then a final version. As discussed above, if there are differences in the versions,these differences have to be examined to determine if they are for legitimate reasons or if the applicationis being manipulated to meet the requirements of the lender.

Who is David Grise?

‘ David Grise is an Assistant Director at the Executive Office for United States Attorneys, Office ofLegal and Victim Programs. David came to EOUSA in 2008 as the Office's first White Collar CrimeCoordinator. He is an Assistant United States Attorney on detail from the Eastern District of Kentucky.He has served the Department of Justice in numerous capacities over the last 26 years.a

Is a closing agent an attorney in Georgia?

In Georgia, the closing agent must be an attorney. While this is not true in all states, regardless ofwhether the closing agent is an attorney, title company, or some other agent, this file is fertile ground forevidence of fraud.

What does the FBI do to promote mortgage fraud?

The FBI continues to foster relationships with representatives of the mortgage industry to promote mortgage fraud awareness and share intelligence information. FBI personnel routinely speak at and participate in various mortgage industry conferences and seminars, including those sponsored by the MBA.

Who is a victim of mortgage fraud?

Victims of mortgage fraud activity may include borrowers, mortgage industry entities, and those living in neighborhoods affected by mortgage fraud. As properties affected by mortgage fraud are sold at artificially inflated prices, properties in surrounding neighborhoods also become artificially inflated.

What is the FBI's National Mortgage Fraud Team?

With the anticipated continued upsurge in mortgage fraud cases, the FBI has created the National Mortgage Fraud Team (NMFT); fostered new and existing liaison partnerships within the mortgage industry and law enforcement ; and developed new and innovative methods to detect and combat mortgage fraud.

What is the purpose of the 2007 mortgage fraud report?

The purpose of this study is to provide insight into the breadth and depth of mortgage fraud crimes perpet rated against the United States and its citizens during 2008. This report updates the 2007 Mortgage Fraud Report and addresses current mortgage fraud projections, issues, and the identification of mortgage fraud “hot spots.” The objective of this study is to provide FBI program managers with relevant data to better understand the threat, the trends, allocation of resources, and to prioritize investigations . The report was requested by the Financial Crimes Section, Criminal Investigative Division (CID), and prepared by the Financial Crimes Intelligence Unit (FCIU), Directorate of Intelligence (DI).

What is a builder bailout?

Builder-Bailout Schemes - Builders are employing builder-bailout schemes to offset losses, and circumvent excessive debt and potential bankruptcy, as home sales suffer from escalating foreclosures, rising inventory, and declining demand. Builder-bailout schemes are common in any distressed real estate market and typically consist of builders offering excessive incentives to buyers, which are not disclosed on the mortgage loan documents. Builder-bailout schemes often occur when a builder or developer experiences difficulty selling their inventory and uses fraudulent means to unload it. In a common scenario, the builder has difficulty selling property and offers an incentive of a mortgage with no down payment. For example, a builder wishes to sell a property for $200,000. He inflates the value of the property to $240,000 and finds a buyer. The lender funds a mortgage loan of $200,000 believing that $40,000 was paid to the builder, thus creating home equity. However, the lender is actually funding 100 percent of the home’s value. The builder acquires $200,000 from the sale of the home, pays off his building costs, forgives the buyer’s $40,000 down payment, and keeps any profits. If the home forecloses, the lender has no equity in the home and must pay foreclosure expenses.

What is mortgage loan fraud?

Fraud for property/housing entails misrepresentations by the applicant for the purpose of purchasing a property for a primary residence. This scheme usually involves a single loan.

Which state has the highest foreclosure rate?

Based on foreclosure inventory, the states with the highest rates were Florida (9 percent), Nevada (6.6 percent), and Arizona (4.6 percent). Based on foreclosure starts, the states with the highest rates were Nevada (2.7 percent), Florida (2.36 percent), and Arizona (2 percent). 24.

What is mortgage fraud?

So, mortgage fraud is not just predatory lending practices that target certain borrowers.

What are the two areas of mortgage fraud?

There are two distinct areas of mortgage fraud—fraud for profit and fraud for housing . Fraud for profit: Those who commit this type of mortgage fraud are often industry insiders using their specialized knowledge or authority to commit or facilitate the fraud.

Why do appraisers undervalue properties?

On the other hand, corrupt appraisers will often undervalue a property to ensure that a fellow investor will be able to purchase the asset. Some forms of predatory lending activities, foreclosure rescue, and mortgage reduction scams depend heavily on the aforementioned mortgage fraud practices.

What is an air loan scam?

The air loan scam simply puts cash into the hands of the perpetrators, and no property is ever bought or sold. Appraisal fraud often involves a real estate agent, builder, appraiser, and loan officer working together to maximize a purchase price and loan amount in order to increase their commissions.

How have ethical violations and criminal activities affected our economy over the past few decades?

Ethical violations and criminal activities in various industries have affected our economy over the past few decades, particularly in the banking, financial, and housing sectors. When it comes to financial crimes, mortgages provide ample opportunity for bad actors to steal, defraud, or cut corners.

Can identity theft be used to get a mortgage?

Identity theft for mortgage purposes may also include stolen pay stubs, bank records, tax returns, W-2s, and falsified employment verification letters. Even property ownership records can be falsified, and borrowers can obtain a fraudulent mortgage on a property that they neither own nor occupy.

Who can commit fraud for profit?

It is important to note here that fraud for profit can be committed by any professional in the loan transaction chain, including the builder, real estate sales agent, loan officer, mortgage broker, credit/debt counselor, real estate appraiser, property inspector, insurance agent, title company, attorney, and escrow agent.

Why were mortgage applications falsified?

Mortgage applications were falsified to inflate the value of properties, defraud lenders, and line the pockets of the fraudsters. Puentes—also known as D’Angelo Salvatore—was so influential he created his own glossy real estate magazine called House King.

What is the case of the House King?

The case of the “House King” in South Florida illustrates how when fraudsters manipulate that system, lenders can lose millions—and innocent buyers and sellers also suffer .

What did the House King pay for?

The House King paid straw buyers to sign bogus mortgage applications claiming that purchased homes would be their primary residences —when in reality, they had no intention of living there. The fraud was so extensive that some buyers had closings with three different lenders on the same day.

What to do if you don't understand what you're signing?

If you don’t understand what you’re signing, get an attorney who can review the documents for you. An attorney signed off on the fake documents, and the lenders—believing everything was legitimate—made the loans. The applications also inflated the value of the properties.

Did Puentes walk away from his mortgage?

After taking his ill-gotten profit, Puentes simply walked away from the mortgage, leaving the lender with a toxic asset. Meanwhile, he was living large, taking trips to Paris and buying a Ferrari. We began investigating Puentes in 2008.