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 borrowers 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 propertys 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 brokers 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 victims 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 dont 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.

Mortgage Loans Terms explained

Lets take a look now at some mortgage loan terms and what they mean. Adjustable rate mortgage is the type of mortgage where the interest rates change over time and are based on a set index or margin. Changes to your rate are made at set times and within set limits according to your contact. Amortization is when you pay your mortgage through installments gradually over a set period of time. Annual Percentage Rate or (A.P.R.) is the percentage rate you pay on your mortgage annually. Generally this percentage is higher than the actual stated percentage due to outside credit costs.

Appraisal is the determination of the market value of your homes value and is done by a professional. It is used to determine insurance rates and mortgage rates among other things. Cash Reserve is your cash reserve is having enough money left over after closing to pay your first two mortgage payments.

Closing is the point at which the sale of the home has been finalized. This is the point at which the buyer signs for the home and the closing costs have been paid. The deed is a legal document that is considered the title to the property. Earnest Money is money that is given to the seller buy the intended buyer in order to bind the forthcoming transaction.

Equity is the value of your home above and beyond the loans you have on your property. Fixed-Rated Mortgage is the type of mortgage where the interest rate has been determined and set for the entire term of the loan.

There are many more terms that are used in the real estate world and they are easily accessible online or at your local library. You should definitely do your research into all of the information available to you before you buy a home so you will understand what you are doing. Research an understanding is a very important part of any investment.

First Time Buyers Advice on Their First Mortgage

Whether you are one of the chosen few who has money to spare in this volatile world economy, or you were strangely left unaffected by the economic recession that plagued the entire Western economic bloc, if you have the money to buy a home, take this first time mortgage buyers advice, consider yourself lucky and do it as soon as possible.

If you are lucky enough to be a first time buyer in this environment, especially in Ireland, you may actually have even better luck than someone without a first time mortgage opportunity. The government has started many programs that can actually serve as your complete down payment if you are savvy enough to understand how to use the programs for a first time mortgage.

Beyond that, there are some things that every first time buyer should know in general. This article will discuss some of those kits that are relevant at all times, no matter when you are buying your first home.

How to get the lowest mortgage interest rate

In order to get the lowest mortgage interest rate possible as first time buyers, you must know the difference between a fixed and variable mortgage. A fixed mortgage is a mortgage interest rate that will stay the same no matter what. A variable mortgage is a mortgage rate that changes with the market. For most underwriters of mortgages, they will be much more willing to offer you a low teaser rate on a variable mortgage, hoping that they will be able to raise the rate later as interest rates rise in the market. Although you may not get as low of an initial interest rate with a fixed mortgage, you can definitely save money on a first time mortgage if market conditions fluctuate.

Consider the term of your Mortgage; especially in Ireland

Make sure you take an assessment of the market throughout the period that you expect to be your term. The shorter that your term is, the better that it will be for you to take advantage of a variable mortgage rate package, as the bank or the underwriter will have much less time in which to raise the mortgage rate on you. Banks love to do this in Ireland.

Consider your down payment and your current financial situation

The prevailing notion of having 20% of the total house payment to put down as a down payment is good first time mortgage buyers advice because you can avoid extra interest and insurance costs which will save you thousands over the life of the mortgage. However, if you have a home that you are planning to stay in for longer than a decade, you should not let these charges stop you from buying the house.

In a time period over a decade, the opportunity cost is greater not buying the house because of the utility that you will be foregoing if you do not make the purchase.

Consider your emergency accounts

First time buyers advice is that you should have six months worth of mortgage payments set aside in a savings account is never bad advice, no matter the economic market. This is to protect against sudden unemployment or other cash flow problems that you may have during the life of your mortgage.

Home Mortgage Loans – What Are The Usual Loan Types

All home mortgage loans are profitable to the lender, at least in average. So it is your job to pick the home mortgage loans, which bring the benefits, which are important to you. Note, that the home mortgage loans are longterm investments and their benefits can fluctuate a lot during rough economic times.

1. The Fixed Rate Home Mortgage Loans.

Their idea is, that the interest rate will stay the same during the whole running time of the loan. This brings the benefit, that these loans are predictable and secure and the borrower knows exactly, how much is the next payment. These are ideal for people, who do not want any financial risk and are not interested to follow the interest rates or the economy in general.

The most popular loans are 30 and 15 year fixed mortgages, which have the same monthly payments through the whole running times. The biweekly home mortgages form a special group, where the borrower will pay the loan every other week. The idea is to cut the amount of the interest rates, because the parts of the capital will be paid away so many times.

A convertible loan combines the benefits of the fixed and the variable ones. There is a small component of the variable interest rate in the terms, which can bring savings if the market interest rates will realize the term.

2. The Adjustable Rate Home Loans.

The interest rates of these products will follow the market prices, which means, that the loan price can fluctuate. People, who follow the economy and like to form their own idea of the market interest rate development think, that these offer a chance to get the loan cheaper.

Some home buyers use the low interest rate market situation and will take an adjustable loan with a lower interest rate to get a bigger home loan. There is naturally a risk, because the interests can increase in the future.

3. VA And FHA Loans.

Both of these agencies operate with social aspect in their loans. Certain qualifying people can apply these loans and the idea is that also these people can start to enjoy about the home-ownership. These loans include also options of low or no down payments.

The mortgage loan borrower lives always in a complicated circumstance and he or she has to ponder carefully, what loan type he will select. It is useful to get an own understanding about the product types and to fulfil it with the talks of other people and with the experts. Many times the circumstances will change and that is maybe the time with new talks of the terms.

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Amortization, In the course of doing business, you will likely acquire what are known as intangible assets. These assets can contribute to the revenue growth of your business and, as such, they can be expensed against these future revenues. An example of an intangible asset is when you buy a patent for an invention.

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Accountants and auditors help to ensure that the Nations firms are run efficiently, its public records kept accurately, and its taxes paid properly and on time. They analyze and communicate financial information for various entities such as companies, individual clients, and government. Beyond carrying out the fundamental tasks of the occupationpreparing, analyzing, and verifying financial documents in order to provide information to clientsmany accountants also offer budget analysis, financial and investment planning, information technology consulting, and limited legal services. Specific job duties vary widely among the four major fields of accounting and auditing: public, management, government accounting, and internal auditing.

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