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Mortgage fraud &
“side deals”
As
a consequence of the rapidly escalating occurrence of mortgage
fraud throughout the United States, greater attention is being
placed upon this issue by lenders, mortgage insurers, and
government regulators & investigators--federal and state.
There are two types of mortgage fraud—fraud for profit and
fraud for property. Both are illegal. In the first instance,
there is a criminal intent to defraud the lender, possibly
including among other things: fake or inflated appraisals,
fraudulent deeds, counterfeit lending documents, or stolen
identities.
In
the second instance, fraud for property, the fraud may consist
of consumers attempting to acquire property under false
pretenses, such as misrepresented income or employment history,
omission of information, or falsely stated occupancy.
Similarly, side deals between sellers and buyers, although
often considered benign by consumers and real estate brokers,
are too violations of federal and state laws. Side agreements
which provide that funds are to be given to the buyer outside of
closing (off the HUD 1) for any purpose (property repairs,
closing costs, down payment assistance, etc.) have the effect of
inflating the value of the property and are banned.
Who
pays for the losses from mortgage fraud? Everyone. Beyond jail
time, major fines, and forfeiture of income for the participants
in mortgage fraud, losses to lenders are reflected in higher
interest rates, foreclosures, and greater costs passed on to
consumers in general. We all pay for fraud.
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