Mortgage Fraud
Mortgage fraud is said to occur when fabrication or omission of important facts on the part of prospective homebuyers, lenders or sellers results in the approval of mortgage loans or terms applicants would usually not be entitled to enjoy. Mortgage fraud constitutes a major transgression, potentially prosecutable and resulting in incarceration for those found guilty. According to American state and federal regulations, mortgage fraud may cause an individual to end up paying as much as a million dollars in penalty, and as many as thirty years as a federal prison inmate (Robbins, 2005).
Mortgage fraud can take place outside as well as inside financial organizations, apparently only limited by criminals’ inventiveness and cunning. Third parties like real-estate brokers, agents, settlement agents, appraisers and others involved in mortgage origination largely contribute to mortgage fraud. Further, mortgage frauds are aided by insiders seeking benefits from diverse mortgage scams. Thus, mortgage fraud may manifest in multiple forms (Reich, 2006).
Of the mortgage-fraud practices reported, the commonly-occurring ones are identity theft, falsification of loan application details, misrepresentation of loan purpose, appraisal fraud, illegal property flipping, and loan-proceeds exploitation. Owing to the fact that multiple players are involved in mortgage lending, there are several chances and steps for abuse within transactions besides countless ways of perpetrating fraud, rendering its prevention tough (Reich, 2006).
The FBI (Federal Bureau of Investigation) states that two mortgage fraud forms exist. Fraud to gain profit is perpetrated by those on the inside who utilize their power or specialized skills for aiding, or themselves perpetrating, fraud. In numerous instances, this mortgage fraud variant involves bank loan originators, officers, attorneys, mortgage brokers, appraisers, and other insiders. This form of fraud revolves around misuse of mortgage lending for obtaining equity and cash from homeowners or lenders (O'Connell, 2018).
Housing-related fraud is the other class of mortgage frauds. It entails encouraging prospective homebuyers or borrowers to acquire a home or maintain a home’s ownership through, for instance, misrepresenting asset and income details on loan application forms or bribing appraisers to manipulate the appraised value of any given property. Such offenses can be further classified. For instance, occupancy fraud denotes purposeful misrepresentation of intended property usage by applicants (e.g., consumers might lie to lenders that they will use the place as a residence though their actual intent is renting it out). The reason for doing so is: applicants who plan to reside in the house normally have to pay lower down payments and interests as compared to individuals purchasing investment property (O'Connell, 2018).
Another kind of housing-related fraud is fake buyer fraud, where bogus/straw buyers let prospective homebuyers assume the identity of some other individual for acquiring mortgage loan approval. Straw buyers...
References
Berg, B. (2017, August 15). Want to Prevent Future Mortgage Fraud? Then Look Backwards. Retrieved December 6, 2018, from http://www.mortgagecompliancemagazine.com/legal/want-prevent-future-mortgage-fraud-look-backwards/
CoreLogic. (2018). 2018 Mortgage Fraud Report. CoreLogic Mortgage Fraud Report,2-10. Retrieved December 5, 2018, from https://www.corelogic.com/downloadable-docs/mortgage-fraud-report-sept-2018-screen-091118.pdf.
John Reich, Director, Office of,Thrift Supervision. (2006). Open forum: Fraud threatens lenders ; mr. reich's remarks to the recent joint conference of the ohio bankers league and illinois league of financial institutions in colorado springs, colo., are presented as our open forum. National Mortgage News, 31(5), 4. Retrieved from https://search.proquest.com/docview/198354589?accountid=30552
O'Connell, B. (2018, April 17). Here's Everything You Need to Know About the Risks of Mortgage Fraud. Retrieved December 5, 2018, from https://www.experian.com/blogs/ask-experian/heres-everything-you-need-to-know-about-the-risks-of-mortgage-fraud/
Robbins, John M. Jr. (2005). Fighting mortgage fraud. Mortgage Banking, 66(2), 20-20,22. Retrieved from https://search.proquest.com/docview/234919463?accountid=30552
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