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Wells Fargo Funding                                                                               Risk Advisory Bulletin


Detecting Flipping and Flopping Schemes
ƒ    Inconsistent current property owner/seller between:          ƒ    Average neighborhood values (from a source
     purchase contract, title commitment, appraisal, and               independent of the appraisal) are lower than the sales
     settlement statement.                                             price of the subject property.
ƒ    Ambiguous or deceptive wording on the title                  ƒ    Appraisal comparables have other sales in the last
     commitment:                                                       year and significantly increased prices.
              Title is currently in the name of (or will be at    ƒ    Recurrent participant combinations; for example, the
              time of closing) “John Q. Mortgage” – This               same settlement agent, real estate agent, and
              indicates that there may be a hidden interim             seller/LLC are common to several loans.
              transaction.                                        ƒ    Borrower was renting previous residence and is
              Title is in the name of “John Q. Mortgage” by            purchasing a multi-unit property.
              deed dated XX/XX/XX” – If the date listed is        ƒ    Assets appear high for the borrower’s income and are
              subsequent to the date the title commitment              supported by bank statements. (Although assets
              was issued, it indicates a future event.                 may appear well-documented, high-quality bank
              Title commitment is dated in the future – This           statement alterations and fabrications are common).
              indicates the status of title at the time it was    ƒ    Down payment is a gift, and donor is not a close
              prepared may not be the same as shown on                 relative.
              the commitment.                                     ƒ    The listing agent is affiliated with the interim
ƒ    Payoffs on the settlement statement appear too high               buyer/LLC.
     based on original lien amounts on title commitment.          ƒ    The existing homeowner has designated a third party
ƒ    There are no lien payoffs on the settlement                       to act on his/her behalf to negotiate the short sale,
     statement.                                                        and that third party is affiliated with the listing agent
ƒ    Seller is an LLC and there is no real estate                      or interim buyer.
     commission.                                                  ƒ    Involvement of a transactional lender who charges
ƒ    There is no earnest money.                                        high fees for a very short-term loan (such as a 2%
                                                                       fee plus $495 for a 1-day loan) to facilitate short sale
                                                                       flips.


Example: Short Sale Flop, Flip and Combination Transactions

                                   Scenario #1                           Scenario #2                      Scenario #3
                                  Short sale flop                            Flip                     Combination Short Sale
                                                                                                          Flop and Flip
    Home’s true value      $150,000                            $150,000                               $150,000
    Existing mortgage      $160,000                            NA – foreclosure sale                  $160,000
    balance
    BPO for short sale     $110,000                            NA                                     $110,000
    Sales price –          $110,000                            $135,000 (below value due to           $110,000
    transfer to interim                                        foreclosure)
    buyer
    Appraised value for    $150,000                            $185,000                               $185,000
    new loan
    Sales price –          $150,000                            $185,000                               $185,000
    transfer to new
    buyer
    New mortgage           $142,000                            $175,000                               $175,000
    amount
    Transaction            Homeowner sells to interim buyer    Interim buyer purchases at             Homeowner sells to interim
    description            for $110,000; on same day           foreclosure auction for $130,000,      buyer for $110,000; on same
                           interim buyer sells to new buyer    and re-sells for $185,000              day, interim buyer sells to
                           for $150,000                                                               new buyer for $185,000
    Gross profit           $40,000                             $55,000                                $75,000
    Issues                 The existing lender was deceived    New loan exceeds collateral            Existing lender took larger
                           into accepting a larger loss than   value; new buyer may be straw          loss; new loan exceeds
                           necessary because the offer from    buyer or overpaid for property;        collateral value; new buyer
                           the new buyer was withheld.         loan qualification misrep is likely.   may be straw buyer or
                                                                                                      overpaid for property; loan
                                                                                                      qualification misrep is likely.


                                                                                                                 <Return to Top>
RAB11-01
Page 3 of 3

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How To Detect Flipping And Flopping Schemes

  • 1. mgtaylor Wells Fargo Funding Risk Advisory Bulletin Detecting Flipping and Flopping Schemes ƒ Inconsistent current property owner/seller between: ƒ Average neighborhood values (from a source purchase contract, title commitment, appraisal, and independent of the appraisal) are lower than the sales settlement statement. price of the subject property. ƒ Ambiguous or deceptive wording on the title ƒ Appraisal comparables have other sales in the last commitment: year and significantly increased prices. Title is currently in the name of (or will be at ƒ Recurrent participant combinations; for example, the time of closing) “John Q. Mortgage” – This same settlement agent, real estate agent, and indicates that there may be a hidden interim seller/LLC are common to several loans. transaction. ƒ Borrower was renting previous residence and is Title is in the name of “John Q. Mortgage” by purchasing a multi-unit property. deed dated XX/XX/XX” – If the date listed is ƒ Assets appear high for the borrower’s income and are subsequent to the date the title commitment supported by bank statements. (Although assets was issued, it indicates a future event. may appear well-documented, high-quality bank Title commitment is dated in the future – This statement alterations and fabrications are common). indicates the status of title at the time it was ƒ Down payment is a gift, and donor is not a close prepared may not be the same as shown on relative. the commitment. ƒ The listing agent is affiliated with the interim ƒ Payoffs on the settlement statement appear too high buyer/LLC. based on original lien amounts on title commitment. ƒ The existing homeowner has designated a third party ƒ There are no lien payoffs on the settlement to act on his/her behalf to negotiate the short sale, statement. and that third party is affiliated with the listing agent ƒ Seller is an LLC and there is no real estate or interim buyer. commission. ƒ Involvement of a transactional lender who charges ƒ There is no earnest money. high fees for a very short-term loan (such as a 2% fee plus $495 for a 1-day loan) to facilitate short sale flips. Example: Short Sale Flop, Flip and Combination Transactions Scenario #1 Scenario #2 Scenario #3 Short sale flop Flip Combination Short Sale Flop and Flip Home’s true value $150,000 $150,000 $150,000 Existing mortgage $160,000 NA – foreclosure sale $160,000 balance BPO for short sale $110,000 NA $110,000 Sales price – $110,000 $135,000 (below value due to $110,000 transfer to interim foreclosure) buyer Appraised value for $150,000 $185,000 $185,000 new loan Sales price – $150,000 $185,000 $185,000 transfer to new buyer New mortgage $142,000 $175,000 $175,000 amount Transaction Homeowner sells to interim buyer Interim buyer purchases at Homeowner sells to interim description for $110,000; on same day foreclosure auction for $130,000, buyer for $110,000; on same interim buyer sells to new buyer and re-sells for $185,000 day, interim buyer sells to for $150,000 new buyer for $185,000 Gross profit $40,000 $55,000 $75,000 Issues The existing lender was deceived New loan exceeds collateral Existing lender took larger into accepting a larger loss than value; new buyer may be straw loss; new loan exceeds necessary because the offer from buyer or overpaid for property; collateral value; new buyer the new buyer was withheld. loan qualification misrep is likely. may be straw buyer or overpaid for property; loan qualification misrep is likely. <Return to Top> RAB11-01 Page 3 of 3