Confronting Mortgage Fraud With Mortgage Database Software

Each day financial institutions are confronted with mortgage fraud risk. Mortgage fraud has become one of the fastest growing financial crimes in the history of the United States. As a result, the federal government has created a special task force to treat mortgage fraud as a type of white collar crime.

Too often the public is ill-informed about how mortgage fraud schemes work. Two types of mortgage fraud are “fraud for profit” and “fraud for property.” Each type of fraud has several schemes and misrepresentations that are characteristic. Mortgage fraud is far reaching and can involve buyers, sellers, mortgage brokers, real estate agents, appraisers and other industry professionals looking for financial gain from property sellers and legitimate lenders.

Mortgage Fraud for Property:

Mortgage fraud for property (also known as housing fraud) usually involves single borrowers who intend to repay loans, but misrepresent themselves and their financial qualifications in order to secure a mortgage.

Mortgage Fraud for Profit:

Mortgage fraud for profit typically involves professionals in the real estate, appraisal or banking business. These individuals committing fraud may engage in numerous illegal activities in effort to skim equity. Activities may include overstating income, assets and/or collateral value. Individuals may look to steal identities to secure or transact loans, overstate appraisal values for purposing of selling a property on multiple occasions and even invent fictitious properties and buyers to help secure loans.

The following three examples of mortgage fraud illustrate current fraud schemes and the parties that might be involved:

1. Real Estate Fraud: In this scenario, a perpetrator may use fraudulent documents to steal the title or deed to the property of a legitimate owner. Often, this individual will then obtain a loan on the property with intent to commit mortgage fraud. The perpetrator typically will then take the money and default on the loan, leaving the legitimate owners with the outstanding debt.

2. Appraisal Fraud: This is a type of fraud that involves property flipping. In appraisal fraud situations, a property is purchased using an initial mortgage. The property is then appraised at a much higher value, using an unscrupulous appraiser who overvalues the property. Finally, the property resold quickly for maximum profit. Other forms of appraisal fraud consist of inflating the value of a property in order to obtain a second mortgage or to pad the commissions of real estate brokers or agents.

3. Mortgage Loan Fraud: In this situation a potential buyer obtains a loan using fraudulent income, credit, employment or appraisal documents to obtain a mortgage for which they are not qualified. Mortgage loan fraud hurts lenders as many unqualified buyers are eventually forced to default on their loans. In many instances, these buyers are assisted by professionals who hope to increase their profits.

Combating Mortgage Fraud:

There are several approaches you can take to help mitigate mortgage fraud and loan fraud risk. It starts with being vigilant. Being aware of potential mortgage fraud risk helps keep you alert to potential schemes and deceptive individuals. In the early phases, you may want to work only with reputable professionals whom you can verify. To further reduce mortgage fraud risk, you may want to consider using mortgage fraud software.

Using Mortgage Fraud Software:

Mortgage fraud software can help industry professionals reduce the risk of mortgage fraud. Database software such as MIDEX (Mortgage Industry Data Exchange) exists as an industry-contributed repository used for verifying, credentialing and monitoring professionals and companies. Mortgage fraud software has also evolved and now can help with identity verification, credit checks, Social Security fraud checks and criminal background checks.

Mortgage fraud hurts everyone. Being proactive and taking the proper steps may help reduce your risk of being a victim of those that look to perpetrate mortgage fraud.

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Identifying and Avoiding Mortgage Fraud

Recent financial industry distress publicly attributed to widespread mortgage loan defaults has generated mounting pressure on federal prosecutors to increase investigations into incidents of mortgage fraud across the nation. On February 6, 2004, CNN reported that the FBI warned that mortgage fraud was becoming so rampant that the resulting “epidemic" of fraud could trigger a massive financial crisis. Mortgage fraud has now become so prevalent that the United States Department of Justice and the Federal Bureau of Investigation have been forced to create an entirely new category for tracking these cases. According to a CBS news report, the number of FBI agents assigned to mortgage related crimes increased by 50 percent from 2007 to 2008. Prosecutors and investigators on both the state and local levels are also feverishly organizing task forces and creating real estate fraud departments to counter this burgeoning wave of crime.

CRIME & PUNISHMENT

The primary focus of these investigations appears to be on borrowers, investors, mortgage brokers, appraisers and real estate agents. Some of the charges levied against these perpetrators have included making false statements on loan applications, bank fraud, mail fraud, wire fraud, conspiracy to launder funds and a number of applicable state laws. However, the primary legal vehicle implemented by federal prosecutors has been section 1014 of Title 18 of the United States Code which declares mortgage fraud as a federal crime encompassing anyone who willfully overvalues any land or property, or knowingly makes any false statement, for the purpose of influencing a financial institution upon a loan application, purchase agreement or other related documents. A violation of the federal mortgage fraud law (18 U.S.C. § 1014) alone is punishable by up to thirty years imprisonment and a one million dollar fine.

MORTGAGE FRAUD SCHEMES

The most effective way to avoid prosecution for mortgage fraud is to identify mortgage fraud schemes prior to any actual involvement. Most mortgage fraud offenses fall into one of two general categories: “fraud for housing" and “fraud for profit". Fraud for housing often involves fraudulent acts committed by a borrower, often coached by his or her mortgage broker or real estate agent, to obtain a loan for the ultimate goal of acquiring a home. These fraudulent facts generally pertain to the falsification of facts and documents during the loan application process to enable the borrower to obtain financing that he or she would otherwise not be qualified to receive. Conversely, fraud for profit typically involves a more concerted plan to abuse the entire real estate transactional process for pecuniary gain.

FRAUD FOR HOUSING

Income Fraud

This occurs when a borrower inflates his or her amount of income to qualify for a loan or a larger loan amount. Although recent reductions in the use of “stated income" or “no-doc liar loans" has somewhat curbed income fraud, daring borrowers are increasingly generating more fraudulent documents to falsify income. Information technology and photocopy equipment have become so advanced that very convincing documentation, such as income statements, savings accounts and tax returns, can be produced on demand.

Employment Fraud

In order to justify overstated income in a loan application, borrowers will claim self-employment in a non-existent company or represent having a higher position in a company than the borrower actually holds.

Failure to Disclose Liabilities

The debt-to-income ratio is an important part of the loan underwriting criteria used to determine a borrower's eligibility for mortgage loans. Consequently, borrowers will conceal financial obligations like newly acquired credit card debt, other mortgages, and private loans to artificially reduce their debt-to-income ratios.

Occupancy Fraud

Generally occurs when a borrower states on a loan application that he or she intends to occupy a property as a primary residence to secure a lower interest rate when the borrower actually intends to obtain the loan to acquire an investment property.

FRAUD FOR PROFIT

Equity Skimming and Cash-Back Schemes

A straw buyer is typically implemented as the buyer of the property due to his or her creditworthiness and resulting ability to obtain favorable financing. Unknowing straw buyers can be manipulated by mortgage brokers and real estate agents to purchase a property as a primary residence with the broker or agent later serving as a property manager to collect anticipated rental income. After the escrow closes and the mortgage and real estate brokers collect their commissions, they proceed to collect rental income and fail to make the mortgage payments.

Complex schemes can involve a knowing straw buyer, an appraiser who intentionally overstates the property's value, a dishonest seller that intentionally inflates the selling price, and a dishonest settlement officer that makes undisclosed disbursements from the loan proceeds. All of these conspirators collaborate to collect portions of the proceeds of an inappropriately large loan before eventually letting it go into default.

Appraisal Fraud or Price Inflation

This fraud occurs when a dishonest appraiser intentionally overstates the value of a property or when an existing appraisal is altered to reflect a higher value. When a home is overvalued, more money can be obtained by the seller in a purchase transaction or by the borrower in a cash-out refinance.

The New Appraisal Fraud: Price Deflation

When done legitimately, a short sale occurs when a borrower that owes more than his or her property is worth sells the property below market value and the lender agrees to accept the lower repayment amount and forgive the difference. A new hybrid of fraud has emerged where an appraiser or a real estate agent drastically devalues the property in an appraisal or broker's price opinion (BPO) so that the home will sell with ease at a price well below market value. Of course the new buyer is in collaboration with the seller, agent and appraiser, so all of the conspirators proceed to sell the home at a higher price for a big profit.

Identity Theft

Identity theft fraud occurs when a victim's identity is assumed by another to obtain a mortgage without ever intending to make any payments on the loan. The perpetrators often abscond with a portion of the loan proceeds and sometimes are daring enough to lease the property and collect some deposits and rental income before disappearing.

The Buy and Bail

This completely new scheme is perpetrated by a home owner who cannot sell the home because more is owed on the property than its worth. Because no lender will provide the owner a loan for a second primary residence, the owner tells the lender that he or she plans to rent out the current home despite having no intention of doing so. Sometimes a falsified rental agreement is used to further support the falsehood. Once the second home is purchased, the owner “bails" on the original home and fails to make any further mortgage payments.

AVOIDING & PREVENTING FRAUD

Mortgage fraud frequently emanates from groups that complete an abnormal amount of similar transactions or churn out many offers to purchase at once. These outfits may appear disorganized or unprofessional due to the large amount of transactions they are attempting to manage. It is also no coincidence that mortgage fraud has significantly increased as housing values have decreased since most fraud schemes involve a financially distressed or otherwise vulnerable seller. It is equally important to remember that agents owe a very strict fiduciary duty to act in their clients' best interests. So before reporting a client to your local authorities, speak with legal counsel or your state real estate licensing department to ensure that your proposed actions don't constitute a breach of your fiduciary duty to your client.

Real estate agents are in a unique position that enables them to identify and even prevent the occurrence of fraud by recognizing the red flags, asking appropriate questions, and giving the principals in their transactions the full picture of what consequences are associated with participating in mortgage fraud. While a lot of damage has been done in the real estate market, we can prevent more of the same from occurring in the future.

About The Author:
Brian S. Icenhower, Esq., BS, JD, CRB, CRS, ABR, a California Association of Realtors Director, practicing real estate attorney, a real estate expert witness and litigation consultant, a prosecution consultant of Tulare County District Attorney Real Estate Fraud. He may be contacted at bicenhower@icenhowerrealestate.com, or www.icenhowerrealestate.com.

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5 Important Steps to Uncovering Mortgage Fraud

There are numerous con artists and scammers that prey upon homeowners who are having a hard time making payments on their mortgages, promising to save their homes and get rid of their debts.

These deceiving alleged foreclosure or mortgage consultants often use lists purchased from private businesses to target troubled borrowers. They may also offer to easily stop foreclosure or save hopeless homeowners from foreclosure through e-mail, phone calls, advertising, or in person.

If one suspects they're dealing with foreclosure fraud or wrongful foreclosure look for these types of common foreclosure fraud scams:

• Scam artists may "guarantee" to save one's home from foreclosure. They will tell someone to make his mortgage payments directly to them so they can forward payments to his lender when really they may pocket his money and leave him in worse shape on his loan.

• Scam artists create Web sites that resemble federal Web sites and use business names similar to those used by government agencies. These scammers use this scheme to fool someone into thinking they are approved by, or associated with, the federal government.

• Many con artists will persuade someone to transfer the title of their home to them with promises of new and better financing. They may say to him that he can rent his home and eventually buy it back. But, if he does not comply with the terms of the rent-to-buy agreement, he can very likely lose his money and home. These con artists have no intention of ever selling one's home back and they don't care that this is considered illegal wrongful foreclosure.

• Some scam artists may claim bankruptcy will solve one's problems. But in actuality filing for bankruptcy is rarely a permanent solution to prevent foreclosure. Filing for bankruptcy stops any collection and foreclosure action while the bankruptcy court administers the case. Eventually, one must make payments on his mortgage, or the lender has the right to foreclose.

• Several con artists use wrongful foreclosure legal arguments to persuade someone that they can "eliminate" one's debt and that he is not obligated to pay back his mortgage. They make inaccurate claims about applicable laws and finance, such as nonexistent laws that allow one to erase his debts or that imply that banks do not have the authority to lend money.

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Contract Mortgage Companies: A Cost Effective Way to Increase Security

If you do some research, you will soon find that identity thieves and hackers are able to evade a wide range of computer security features. Unfortunately, even if you have a dedicated IT staff and modern equipment, you may still be vulnerable to a number of security threats. In fact, you may even find that bulletins or critical security patches have been issued for software that you are using right in your own office. Without a question, all of these problems can be as costly as they are disturbing. Therefore, if you want to keep your sensitive data as safe as possible, it may be best to use contract mortgage companies for your processing needs.

Access to the Best IT Professionals with Contract Mortgage Companies

As a general rule of thumb, many contract mortgage companies make use of offshore employees to manage their transactions. While you may be able to find plenty of good IT professional right in your won country, chances are you will also wind up paying a good bit of money for their services. On the other hand, virtual contract mortgage companies are able to hire equally brilliant IT specialists for a fraction of the cost. Aside from keeping your data as safe as possible, you can also enjoy saving a good bit of money on your staffing needs.

State of the Art Equipment and Technologies

There is no question that biometric scanners, paperless offices, and other technologies can make financial transactions safer and easier to conduct. Unfortunately, the cost of purchasing the hardware, training, and implementing these new systems can be prohibitive. When you make use of contract mortgage companies, you will usually find that they are already taking advantage of all these technologies. At the very least, you will never need to worry about vital documents or sensitive information being used in an inappropriate way by various employees.

Reduce the Risk of Identity Theft and Fraud

No matter how you look at it, when a potential borrower provides you with sensitive information, you will always need to use and store it with the utmost care. If your hardware and software are not up to date, or your employees are not properly trained in security protocols, all kinds of data may wind up getting into the wrong hands. That said, when you utilize Contract mortgage companies, they will make use of a wide range of employee screening procedures and other methods to prevent identity theft and fraud from happening.

Even though computers can speed up financial transactions and offer a wide range of detailed investigative services, they also create a host of complex security issues. Without a question, if you are concerned about hackers getting into your computers, or identity thieves stealing sensitive information, working with contract mortgage companies may represent the best way to avoid these problems. At the very least, if you know that you need to upgrade your computers or security protocols, outsourcing with contract mortgage companies can give you some extra time to make a decision about these matters.

Contract mortgage companies helps mortgage brokers and bankers cut costs. There are many Commerical mortgage Processing Services that cater to mortgage Brokers and Lenders nationwide with a structured process to ensure success.

Keep Your Mortgage Under Control..

Homeowners who are planning to re-finance their home may find the Internet to be a very worthwhile resource. The Internet is useful because it can give the homeowner a wealth of information as well as the ability to compare different rates from different lenders at their convenience. While these options have made re-financing a more convenient process there is more potential for danger. However, homeowners who exercise a small amount of common sense in using the Internet for re-financing often find they are not at any additional risk.

Comparison Shop at Your Convenience

One of the most popular advantages to researching re-financing online is the ability to comparison shop at the homeowner’s convenience. This is important because many homeowners work long hours and often find they are not able to meet with lenders during regular business hours because of job restraints. The Internet, however, is open 24 hours a day and allows homeowners to research their options, make important calculations or receive online quotes at any time of the day through the use of automated systems.

Homeowners can also take their time comparing the quotes they receive from these lenders online instead of feeling pressured to provide an immediate response. While homeowners may have some additional time available to them, these same homeowners should realize they do need to act relatively quickly to lock in estimates they receive as interest rates are often time sensitive in nature and cannot be guaranteed for long periods of time.

The Internet has greatly simplified the process of re-financing a loan. Years ago homeowners had to go to a lender during regular business hours for lengthy consultations and would have to visit several different lenders to determine which one would offer the best rate. The Internet has not only simplified the process but has also given homeowners the luxury of investigating re-financing options at their convenience and also receiving multiple quotes form different lenders by filling out one simple online form.

Researching Re-Financing Online

The Internet has not only made it easier for homeowners to re-finance but it has also greatly simplified the process of learning more about re-financing. Again homeowners from past generations might have to rely on industry professionals and published books on the subject of re-financing. However, today’s homeowners can look up re-financing and find a wealth of useful information regarding the different types of loans and re-financing options available. Homeowners can also use the internet to access calculators which perform the complicated equations homeowners previously had to leave up to the trained professionals. These same calculations which may have taken a considerable amount of time to complete and correct are now solved within a fraction of a second.

Select a Reputable Lender

Homeowners who are doing the majority of their re-financing research and searches online should carefully consider the lender they choose. This is important because whether a lender is found online or offline, care should be taken to ensure the lender is reputable. The easiest way to do this is to stick with a well established lender who comes highly recommended by friends and family members. This does not mean new lenders and smaller lenders are not reputable but there is significantly less risk involved in selecting an established lender than there is in selecting a new lender.

LendingTree.com

Homeowners who are investigating their re-financing options online may find the website LendingTree.com to be a very valuable resource. This website offers articles and calculators which the homeowner can use to gain the knowledge they need to make an informed decision. The articles on the website are written in clear and concise language which is easy to understand and the calculators are extremely user friendly and allow require the homeowner to enter in a few variables to obtain the desired results.

Another great feature of this website is the inclusion of a link which provides access to obtaining a free credit report. The process is very simple although it does require the homeowner to verify their identity. This is done to protect homeowners from identity theft or other acts of fraud. This is significant because homeowners are likely to realize the terms of their mortgage re-finance will depend largely on their credit score. Homeowners who have good credit will likely be offered favorable rates and terms while homeowners with less than perfect credit will not be offered favorable rates and terms.

However, the most significant feature of this website is the ability to obtain up to four quotes from qualified lenders by filling out one simple form. The information required is rather basic in nature and is information which most homeowners have readily available. Once this information is submitted into the system, the responses are received from up to four lenders almost instantly. The information contained in these reports is customized for the homeowner according to the information inputted into the system.

Use Only Reliable Resources

Homeowners who are using the Internet to research re-financing options and obtain quotes should carefully consider their sources when making important decisions regarding the subject of re-financing. Homeowners who stick with well known lenders and established websites will not likely encounter problems but those who select a new lender may be surprised by the results of the re-financing attempt.

Homeowners who are unsure about the reliability of a particular resource or lender should do additional research on the company. One of the easiest ways to do this is to consult the Better Business Bureau (BBB). The BBB may be able to provide the homeowner with valuable information regarding the number of previous complaints against the company. A company who has a large number of unresolved complaints should be considered an unreliable company. However, homeowners should not assume companies without a significant number of complaints are reputable unless the company has been in existence for a number of years and is a member of the BBB.

Homeowners should also take care not to be fooled by fancy web design. A website which looks very professional is not necessarily a website which is accurate and informative. Many skilled website designers can create websites which are both attractive and professional looking. These website designers can also optimize a website for particular mortgage related keywords so users find the page easily when searching for these terms but this does not necessarily make the website designer knowledgeable about the subject to re-financing.

Confirm Loan Terms in Person before Committing

While shopping for re-financing options online is certainly easy and convenient, homeowners should consider completing the application process either in person or over the phone instead of relying on an automated system. While the Internet is good for research purposes, homeowners can take advantage of face to face meetings or telephone conferences to ask all of their relevant questions. Asking all of these questions will help the homeowner to ensure he fully understand the loan terms as well as all of his available options.

Completing the re-financing process in person or over the phone can also prevent the homeowner from being surprised by any elements of the mortgage re-finance. This may include additional fees which are tacked on during the processing of the application, rates which are only available in certain situations or other elements of the re-financing agreement which could significantly impact the homeowner’s decision making process.

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Mortgage Underwriter

The mortgage underwriter understands the mortgage loan qualification, approval, and pre-approval. He makes the decision if the borrower qualifies for the mortgage. If the mortgage application fails to meet the qualification level, he determines the best mortgage loan options for the borrower.

To qualify for the mortgage, the mortgage underwriter basically looks at the credit history, credit score, down payment, equity, income, and outstanding loan. So, he also understands how to repair bad credit rating, and increase the credit score.

The credit history tells how the borrower pays off loan obligation. As you pay off the mortgage, the Credit Score increases. A high score is a positive indicator. The borrower will possibly be approved for the mortgage.

The income and debt ratio helps the mortgage underwriter prove that the income is enough to cover the mortgage, and outstanding loan. To prove, the mortgage underwriter verifies all the different source of income.

First, the loan officer prepares the necessary documents for the mortgage application. Then, the loan officer enters the personal and credit information into the underwriting system. The system checks the qualification of the information. Eventually, the loan officer gets the qualified application. Then, the loan officer sends the qualified application to the mortgage underwriter. The mortgage underwriter verifies the documents including pay stubs, and bank statements. If there are missing documents and unsatisfactory documents, the mortgage underwriter asks the borrower to provide the documents. This makes sure that the borrower has enough income to pay off the mortgage. Finally, the mortgage underwriter gives the final approval.

All these steps ensure that there is absence of fraud, and meets the standards in which the mortgage are insurable, and serviceable. So, the mortgage underwriter knows the good and bad practice on mortgage application. The standards are set by the company and government.

Dennis Estrada is a webmaster of mortgage calculators, interest only mortgage, and private mortgage insurance calculation website that gives access to many resources, and calculators for mortgage.

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