Beware of Mortgage Fraud

Mortgage fraud is on the rise. It is especially prevalent during periods of economic chaos and upheaval in the housing market as more homeowners face foreclosure, and scammers target overwhelmed lenders. Unscrupulous lenders can also get into the act by targeting distressed homeowners. There are two types of mortgage fraud – fraud for housing, which targets lenders and fraud for profit, which targets borrowers.

Fraud for Housing

Fraud for housing occurs when borrowers misrepresent or omit information used by lenders to qualify them for loans. Examples include:

Overstating income

Because self-employed borrowers tend not to report their full income on their tax returns, lenders often allow them to claim a “stated income” on their application. If their stated income is higher than their actual income, it is mortgage fraud.

Under the table exchange

Buyers who accept down payment money from a seller to qualify for a loan are committing mortgage fraud.  

Owner-occupant fraud

Lenders charge lower mortgage rates for borrowers purchasing owner-occupied properties. If it turns out that the borrower is purchasing the property as an investment, it is mortgage fraud.

Foreclosure rescue scheme

Foreclosure scammers prey on borrowers who are about to lose their homes to foreclosure. They convince borrowers they are there to “rescue” them only to vanish once the borrower pays them a fee. In many cases, the borrower loses both the money and their home.

Fraud for Profit

Fraud for profit occurs when mortgage officials, such as brokers, loan originators, or attorneys, abuse their position of authority to profit from the mortgage process at the expense of a homeowner or borrower. Examples include:

Appraisal fraud

For appraisal fraud, a real estate agent teams up with an appraiser and loan officer to artificially increase a home’s value to increase their commissions. Alternatively, an appraiser may undervalue a property to help another person purchase the property at a lower price.

Predatory lending fraud

A corrupt lender may falsify borrowers’ income to enable them to qualify for a loan they cannot afford. This activity was at the center of the housing crisis in 2008.

How Borrowers Can Protect Themselves

Mortgage scams tend to be very complicated, and they are often difficult to detect. Borrowers who think they are being asked to break the law should seek the counsel of a reputable real estate attorney or their state’s licensing authority.

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