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Module 4: Types of Mortgage Fraud Schemes
4.1 Prosecuting Mortgage & Bank Fraud Scams
Federal Mortgage Fraud Offenses
 Falsifying Loan Applications and Appraisals
 Anyone who falsifies loan documents or appraisals has violated the provisions
of Title 18, United States Code, Chapter 47, Section 1001, et seq. and could be
prosecuted by the U.S. District Attorney’s Office on behalf of the federal
government.
 Anyone making false statements, preparing false documents, forging instruments, or
overvaluing any security, asset, or income for the purpose of obtaining a loan from the
Department of Housing and Urban Development (HUD) or the Federal Housing
Administration (FHA) shall be fined or imprisoned not more than two years, or both. [18
USC §1010].
 Mail Fraud and Wire Fraud
 Mail fraud and wire fraud are federal crimes.
 .
 Point 3.
4.1 Prosecuting Mortgage & Bank Fraud Scams
(continued)
Federal Mortgage Fraud Offenses
 Mail Fraud and Wire Fraud
 Essential Elements of Mail Fraud:
 Having devised or intending to devise a scheme to defraud (or to perform specified
fraudulent acts)
 Use of the mail for the purpose of executing, or attempting to execute, the scheme (or
specified fraudulent acts)
 Essential Elements of Wire Fraud:
 Scheme to defraud by means of false pretenses
 Defendant's knowing and willful participation in scheme with intent to defraud
 Use of interstate wire communications in furtherance of the scheme
4.1 Prosecuting Mortgage & Bank Fraud Scams
(continued)
Federal Mortgage Fraud Offenses
 Bank Fraud
 Bank fraud is a commonly prosecuted Federal offense because it encompasses
a broad array of conduct.
 The term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of
the intangible right of honest services. [18 USC §1346].
 Money Laundering
 Money laundering is the act of making money that comes from “Source A” look
like it comes from “Source B”.
 In practice, criminals are trying to disguise the origins of money obtained
through illegal activities so it looks like it was obtained from legal sources.
 Crimes Most Frequently Accompanied By Money Laundering Charges:
 Bank fraud, credit card fraud, drug offenses, mortgage fraud, RICO cases, securities fraud,
and tax evasion
4.2 Falsified Loan Applications and Fake Documents
Income and Asset Fraud
 Income and/or asset fraud is an intentional misrepresentation of income
and/or assets on a mortgage loan application in order to qualify for a
mortgage. Others lie about the assets that they have available for the
down payment.
Undisclosed Debt Fraud
 Undisclosed debt fraud is an intentional failure to disclose debts during the
loan application process. Undisclosed debt is a leading cause of mortgage
fraud.
Occupancy Fraud
 Occupancy fraud is a type of mortgage fraud, whereby the borrower lies
about whether or not the home will be owner occupied.
4.2 Falsified Loan Applications and Fake Documents
(continued)
Employment Fraud
 Employment fraud occurs when a borrower claims self-employment in a
non-existent company or intentionally misrepresents an employer’s name,
length of employment, position, or related information on a loan
application to provide justification for a fraudulent representation of the
borrower's income.
Identity Fraud
 Identity application fraud occurs when an identity is intentionally altered,
created, or stolen to obtain a mortgage.
Property Fraud
 Property fraud is the intentional misrepresentation of a property’s value as
higher than or lower than market value to achieve illegitimate profit.
4.3 Mortgage Fraud Rings & Collusion
Illegal Property Flipping
 What makes flipping fraudulent is an artificially overinflated sales price.
 Flipping occurs when a person buys a property at one price and re-sells it
within a short period at a higher price.
 Property flipping is best described as purchasing properties and artificially
inflating the appraised value through false appraisals.
 A straw buyer is a person used to buy property in order to conceal the actual owner.
 Piggybacking on someone else’s credit means if you have good credit and add an authorized
user to your credit card, the person you add inherits your good credit history and
automatically receives a boost in his or her own credit rating.
Property Flopping
 Property flopping involves deflating the value of the property below
market value and selling it to a friendly party, who resells it at a higher
price on the deal.
4.3 Mortgage Fraud Rings & Collusion (continued)
Rigged Foreclosure Bids
 Bid rigging is the practice whereby two or more investors decide not to bid
against a designated bidder among them at a public auction so that the
designated bidder buys the foreclosed property at an artificially low price.
 Bid rigging violates the Sherman Anti-Trust Act. Conviction carries a
maximum prison term of 10 years and a $1 million fine.
4.4 Phantom Help Scams
Short Sale Scams
 Short sale scammers, calling themselves short sale negotiators or short
sale processors, may promise to expedite a short sale for an upfront fee or
for a percentage of the sale price. Charging advance fees is illegal in many
states. Oftentimes, the short sale negotiator takes the fee and does little
or nothing in return.
Loan Modification Scams
 There is an abundance of loan modification companies because so many
homeowners are still underwater. These companies often claim to be
affiliated with, or approved by, the government. These scammers say they
will assist delinquent homeowners who are on the verge of losing their
home, by offering to renegotiate the terms of the homeowners' loan with
the lender. The scammers require large fees up-front and often negotiate
unfavorable terms for the clients, or do not negotiate at all.
4.4 Phantom Help Scams (continued)
Mortgage Rescue Scams
 The mortgage rescue scam promises to “rescue” homeowners who are
behind on their mortgage payments and facing foreclosure.
Equity Share Scams
 The collapse of the housing bubble and the downturn in the economy had
a devastating effect on homeowners who may have found themselves
facing foreclosure. A new “equity share” scam using a Limited Liability
Company (LLC) was introduced as a way to salvage the homeowner’s
property. Of course, the scammers look for less sophisticated or desperate
people, who still inevitably lose their homes.

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Module 4

  • 1. Module 4: Types of Mortgage Fraud Schemes
  • 2. 4.1 Prosecuting Mortgage & Bank Fraud Scams Federal Mortgage Fraud Offenses  Falsifying Loan Applications and Appraisals  Anyone who falsifies loan documents or appraisals has violated the provisions of Title 18, United States Code, Chapter 47, Section 1001, et seq. and could be prosecuted by the U.S. District Attorney’s Office on behalf of the federal government.  Anyone making false statements, preparing false documents, forging instruments, or overvaluing any security, asset, or income for the purpose of obtaining a loan from the Department of Housing and Urban Development (HUD) or the Federal Housing Administration (FHA) shall be fined or imprisoned not more than two years, or both. [18 USC §1010].  Mail Fraud and Wire Fraud  Mail fraud and wire fraud are federal crimes.  .  Point 3.
  • 3. 4.1 Prosecuting Mortgage & Bank Fraud Scams (continued) Federal Mortgage Fraud Offenses  Mail Fraud and Wire Fraud  Essential Elements of Mail Fraud:  Having devised or intending to devise a scheme to defraud (or to perform specified fraudulent acts)  Use of the mail for the purpose of executing, or attempting to execute, the scheme (or specified fraudulent acts)  Essential Elements of Wire Fraud:  Scheme to defraud by means of false pretenses  Defendant's knowing and willful participation in scheme with intent to defraud  Use of interstate wire communications in furtherance of the scheme
  • 4. 4.1 Prosecuting Mortgage & Bank Fraud Scams (continued) Federal Mortgage Fraud Offenses  Bank Fraud  Bank fraud is a commonly prosecuted Federal offense because it encompasses a broad array of conduct.  The term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services. [18 USC §1346].  Money Laundering  Money laundering is the act of making money that comes from “Source A” look like it comes from “Source B”.  In practice, criminals are trying to disguise the origins of money obtained through illegal activities so it looks like it was obtained from legal sources.  Crimes Most Frequently Accompanied By Money Laundering Charges:  Bank fraud, credit card fraud, drug offenses, mortgage fraud, RICO cases, securities fraud, and tax evasion
  • 5. 4.2 Falsified Loan Applications and Fake Documents Income and Asset Fraud  Income and/or asset fraud is an intentional misrepresentation of income and/or assets on a mortgage loan application in order to qualify for a mortgage. Others lie about the assets that they have available for the down payment. Undisclosed Debt Fraud  Undisclosed debt fraud is an intentional failure to disclose debts during the loan application process. Undisclosed debt is a leading cause of mortgage fraud. Occupancy Fraud  Occupancy fraud is a type of mortgage fraud, whereby the borrower lies about whether or not the home will be owner occupied.
  • 6. 4.2 Falsified Loan Applications and Fake Documents (continued) Employment Fraud  Employment fraud occurs when a borrower claims self-employment in a non-existent company or intentionally misrepresents an employer’s name, length of employment, position, or related information on a loan application to provide justification for a fraudulent representation of the borrower's income. Identity Fraud  Identity application fraud occurs when an identity is intentionally altered, created, or stolen to obtain a mortgage. Property Fraud  Property fraud is the intentional misrepresentation of a property’s value as higher than or lower than market value to achieve illegitimate profit.
  • 7. 4.3 Mortgage Fraud Rings & Collusion Illegal Property Flipping  What makes flipping fraudulent is an artificially overinflated sales price.  Flipping occurs when a person buys a property at one price and re-sells it within a short period at a higher price.  Property flipping is best described as purchasing properties and artificially inflating the appraised value through false appraisals.  A straw buyer is a person used to buy property in order to conceal the actual owner.  Piggybacking on someone else’s credit means if you have good credit and add an authorized user to your credit card, the person you add inherits your good credit history and automatically receives a boost in his or her own credit rating. Property Flopping  Property flopping involves deflating the value of the property below market value and selling it to a friendly party, who resells it at a higher price on the deal.
  • 8. 4.3 Mortgage Fraud Rings & Collusion (continued) Rigged Foreclosure Bids  Bid rigging is the practice whereby two or more investors decide not to bid against a designated bidder among them at a public auction so that the designated bidder buys the foreclosed property at an artificially low price.  Bid rigging violates the Sherman Anti-Trust Act. Conviction carries a maximum prison term of 10 years and a $1 million fine.
  • 9. 4.4 Phantom Help Scams Short Sale Scams  Short sale scammers, calling themselves short sale negotiators or short sale processors, may promise to expedite a short sale for an upfront fee or for a percentage of the sale price. Charging advance fees is illegal in many states. Oftentimes, the short sale negotiator takes the fee and does little or nothing in return. Loan Modification Scams  There is an abundance of loan modification companies because so many homeowners are still underwater. These companies often claim to be affiliated with, or approved by, the government. These scammers say they will assist delinquent homeowners who are on the verge of losing their home, by offering to renegotiate the terms of the homeowners' loan with the lender. The scammers require large fees up-front and often negotiate unfavorable terms for the clients, or do not negotiate at all.
  • 10. 4.4 Phantom Help Scams (continued) Mortgage Rescue Scams  The mortgage rescue scam promises to “rescue” homeowners who are behind on their mortgage payments and facing foreclosure. Equity Share Scams  The collapse of the housing bubble and the downturn in the economy had a devastating effect on homeowners who may have found themselves facing foreclosure. A new “equity share” scam using a Limited Liability Company (LLC) was introduced as a way to salvage the homeowner’s property. Of course, the scammers look for less sophisticated or desperate people, who still inevitably lose their homes.