Detecting and Deterring Real Property Fraud
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1 Detecting and Deterring Real Property Fraud William A. Anderson Vice President of Best Practices and enotarization
2 Poll Question Tell us about yourself: o This is my first NSA Webinar o I have attended 1 previous NSA Webinar o I have attended more than 2 NSA Webinars o I have attended more than 3 NSA Webinars
3 Presentation Goals Key Frauds Fraud Red Flags Fraud Hot Spots Notary Fraud Fraud types NSAs should know What to watch out for Metropolitan areas prone to fraud How Notaries get involved in fraud
4 Deed Fraud Definitions Fraudulent conveyance or transfer of title or an interest in real property. Mortgage Fraud Deception resulting in a bank, lender or investor buying, funding or insuring a loan.
5 What Is Mortgage Fraud? Intentional Misstatements Misrepresentations Omissions
6 Poll Question Mortgage fraud is committed primarily by investors (people wanting to make a buck). o True o False
7 Motivations for Mortgage Fraud For Property Homeowners For Profit Investors
8 Fraud for Property Occupancy Fraud Income Fraud Liabilities Fraud Employment Fraud
9 Fraud Schemes Buy and Bail Chunking Double Selling Fictitious Loan Phantom Sale Property Flipping Reverse Mortgage Loan Mod./ Refinance Short Sale Source: The Detection and Deterrence of Mortgage Fraud Against Financial Institutions: A White Paper published by the Federal Financial Institutions Examination Council (FFIE).
10 Poll Question Which metropolitan area is not a hot spot for fraud? o Phoenix, AZ o Las Vegas, NV o Chicago, IL o Bend, OR o Minneapolis-St. Paul, MN
11 Top Metropolitan Statistical Areas Source: Interthinx Q Mortgage Fraud Risk Report, available as a free download online (registration required) at
12 Top 10 Zip Codes for Mortgage Fraud Source: Interthinx Q Mortgage Fraud Risk Report, available as a free download online (registration required) at
13 Occupancy Fraud Risk MSAs Source: Interthinx Q Mortgage Fraud Risk Report, available as a free download online (registration required) at
14 Identity Theft Fraud Risk MSAs Source: Interthinx Q Mortgage Fraud Risk Report, available as a free download online (registration required) at
15 Red Flags: Misrepresentation Debts Income Occupancy
16 Red Flags: Powers of Attorney Cash-Out Refinance Reverse Mortgage
17 Red Flags: Documentation Falsified Incomplete Forged Altered
18 Red Flags: Identity Identification Documents Forged Personal Identifying Information Names Behaviors Altered Address Can t Recite P.I.I. Uneasy, Hasty More identity theft red flags are documented online in the U.S. Code of Federal Regulations (CFR) Title 12 Part 41 Fair Credit Reporting Act Final Rules
19 How Notaries Are Involved in Fraud Unknowing Accomplices Active Perpetrators Victims of Imposture Notaries
20 Active Perpetrators Robo-signers signed a person s name on thousands of affidavits and mortgage assignments to support foreclosure motions in court: Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases, Office of Florida Attorney General Economic Crimes Division
21 Notary appears to have signed the officer s name, and has signed as the witness and Notary to the document: Active Perpetrators Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases, Office of Florida Attorney General Economic Crimes Division
22 Assignments were created after the fact to cover up missing assignments. Notary seals were passed around because the Notary s commission expiration date on this assignment expires too far in the future. Active Perpetrators Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases, Office of Florida Attorney General Economic Crimes Division
23 Active Perpetrators From a deposition of an employee who was a Notary: Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases, Office of Florida Attorney General Economic Crimes Division
24 Active Perpetrators Documents with a blank signature line were notarized: Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases, Office of Florida Attorney General Economic Crimes Division
25 Unknowing Accomplices Notary blamed in marriage fraud case, St. Petersburg Times (October 4, 2010)
26 UNOFFICIAL COPY
27 Poll Question Most states do not require a Notary to show proof of commissioning or appointment to obtain a seal. o True o False
28 Issuing Seals Securely Copy of Commission Required Certificate of Authorization Required No Proof Required
29 Issuing Seals Securely 2 Must Obtain Seal from Licensed Vendor No Such Requirement 43
30 Issuing Seals Securely 5 8 File Seal on Notary Application File Seal at Other Time 33 No Requirement to File Seal
31 Wrongful Use of Seal Wrongful Possession or Unauthorized Use of Seal Law or Rule No Such Law or Rule
32 Victims of Fraud So. Calif. Deed Scam Wire Funds to Mexico Withdraw Funds Locate Vacant Property Forge Notary Seal & Signatures Close Account Find Gullible Buyer Sell Property (Grant Deed) Disappear with Money
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35 Poll Question Which of the following is the most valuable takeaway you learned from today s webinar? o o o o Types of fraud to watch out for Metropolitan areas most prone to fraud Red flags of fraud to watch out for How Notaries are involved in fraud
36 NNA Contact Information Join our LinkedIn Discussion Group for Signing Agents Follow us on Twitter questions to: Previous webinars may be accessed at: In about 2 weeks we will send you an with a link to today s webinar and you can download the presentation
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