Mortgage Bankers Association of Puerto Rico Mortgage Fraud Prevention Seminar

Similar documents
Fraud Schemes and their Characteristics

Fraud For Profit. Fraud for Property. Rescue Schemes

Maryland Code of Ethics, Flipping & Predatory Lending"

716 West Ave Austin, TX USA

Mortgage Fraud Prevention and Detection RESOURCE GUIDE. 2nd Edition. corelogic.com

MORTGAGE FRAUD: A Real Crime with Pen By: Sarah Q. Wirskye and Charles W. Blau

U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF INSPECTOR GENERAL

FROM BARNS TO BIG BOXES REDUX 2012 NEW LAWS, NEW ECONOMY

[Address of Borrower] [Loan #] [Date] RE: Acknowledgement of Request for Short Sale

Do Not Let Predators Take Your Home

List of Federal Housing Finance Agency (FHFA) Inspector General (OIG) investigations closed during CY 2014

Consumer Alert: What You Can Do to Protect Yourself from Getting Ripped Off in Real Estate and Home Loan Relief Scams

Oral Testimony of Ann Fulmer. V.P. Business Relations, Interthinx, Inc., a Verisk Analytics Company. Before the Financial Crisis Inquiry Commission

FRAUD ALERT! DETECTING AND PREVENTING SCAMS IN REAL ESTATE TRANSACTIONS

United States Attorney Sally Quillian Yates Northern District of Georgia

FRAUD DETECTION AND PREVENTION RED FLAGS

YOUR NEW HOME. Member FDIC

Mortgage Assistance Application

FEDERAL HOUSING FINANCE AGENCY OFFICE OF INSPECTOR GENERAL

Lesson 13: Applying for a Mortgage Loan

STATEMENT. Edward Gallagher Captain Miami-Dade Police Department Economic Crimes Bureau

STATEMENT OF DANIEL BOGDEN UNITED STATES ATTORNEY, DISTRICT OF NEVADA BEFORE THE FINANCIAL CRISIS INQUIRY COMMISSION ENTITLED

M O D I F I C AT I O N PA M P H L E T

U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF INSPECTOR GENERAL. Michael H. Stolworthy Director of Fraud Prevention

U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF INSPECTOR GENERAL. Michael H. Stolworthy Director of Fraud Prevention

Please complete the attached application and submit to KeyBank using any of the following delivery methods below:

GMAC illegally filed (2) proof of Claims

AKE ONTROL OF OUR ORTGAGE HERE S OPE

Mitigating Fraud. June 22, Sept. 21, 2014

Thursday, November 29, Mortgage Fraud Investigations

FREELAND LENDING does Not have a hard limit of how many loans someone may have: FREELAND LENDING will fund up to 100% of the Purchase Price

Fannie Mae Reports Net Income of $5.1 Billion for Second Quarter 2012

DUE DILIGENCE IN MORTGAGE OR LOAN TRANSACTIONS

Do You Know Your Customer? 2017 Asset Management & Operations Servicer Workshop

Florida Foreclosure Law E-Book

Linda Marshall Senior Litigation Counsel U.S. Attorney s Office Western District of Missouri

Request for Mortgage Assistance (RMA) Loan Number:

First wave: Driven by loan terms & home values. Second wave: Driven by unemployment. Various local, state and federal responses

SUMMARY: This final rule establishes requirements and procedures for the Federal

Mortgage Assistance Application

6/21/2013. Section I. Purpose of Course. History and Overview of Mortgage Law, Regulation and Requirements

The Mortgage Industry

2/10/2015 CREDIT FOR SUCCESS TODAY S NEW RISK FACTORS MOBILE BANKING. The new Consumer Financial Protection Act, the ATR Rule (Ability to Repay Rule)

STATEMENT OF CLIFFORD J. WHITE III DIRECTOR EXECUTIVE OFFICE FOR UNITED STATES TRUSTEES UNITED STATES DEPARTMENT OF JUSTICE BEFORE THE

SENATE, No. 685 STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

Fannie Mae Reports Third-Quarter 2011 Results

Welcome. Current Real Estate Issues in a Nutshell: - Mortgage Short Sales - Mortgage Foreclosures - New Homestead Law - Mortgage Loan Fraud

Fannie Mae Reports Net Income of $10.1 Billion and Comprehensive Income of $10.3 Billion for Second Quarter 2013

(TC) TRADITIONAL PROGRAM MATRIX CONFORMING & HIGH BALANCE

Fannie Mae Reports Net Income of $4.6 Billion and Comprehensive Income of $4.4 Billion for Second Quarter 2015

Fannie Mae Reports Net Income of $1.8 Billion for Third Quarter 2012

. The Role of Mortgage Fraud in the Financial Crisis and Its Impact on Miami, Florida.

Detecting and Deterring Real Property Fraud

Instructions for Completing the Short Sale Package. Send Ocwen the completed package and supporting documentation

Homeownership Protection: Property Taxes Foreclosure Prevention Avoiding Home Scams

FORECLOSURE. I don t think I can make my mortgage payments but I don t want to go through a foreclosure. What are some of my options?

Homeowner Affordability and Stability Plan Fact Sheet

Citi Mortgage. (This package is not for FHA, VA Heloc or HUD Loans, please request)

Fannie Mae Reports Net Income of $2.8 Billion and Comprehensive Income of $2.8 Billion for First Quarter 2017

Statement of Donald Bisenius Executive Vice President Single Family Credit Guarantee Business Freddie Mac

Your Guide to Home Financing

Fannie Mae Reports Net Income of $2.0 Billion and Comprehensive Income of $2.2 Billion for Third Quarter 2015

HOME EQUITY LINES OF CREDIT What you should know about them.

NBT Bank, National Association 52 South Broad Street Norwich, NY 13815

THE HOUSING & ECONOMIC RECOVERY ACT OF 2008 H.R (DETAILED SUMMARY) DIVISION A. TITLE I REFORM OF REGULATION OF ENTERPRISES

Grant Fraud. Leslie Les Hollie Assistant Inspector General For Investigations

Nicholas P. Retsinas, Assistant Secretary for Housing-Federal Housing Commissioner, H

When Your Home is on The Line:

Home Equity Credit Account Disclosure

A CONSUMER S GUIDE TO PRIVATE MORTGAGE INSURANCE

BANKRUPTCY FOR NON-LAWYERS

Glossary. An item of value that you own.

AHP 2018 Implementation Plan Native American Homeownership Initiative (NAHI) Program Guidelines

FORECLOSURE PREVENTION

Home Equity Lines of Credit

GENERAL FINANCING QUESTIONS

Loss Mitigation Application

The Starke County Youth Club, Inc. NOTICE TO VOLUNTEERS REGARDING BACKGROUND INVESTIGATION AUTHORIZATION

1003 form Commonly used mortgage loan application developed by Fannie Mae. Sometimes called the Uniform Residential Loan Application.

A Place to Rent. 1/3 of people in the United States Single people, young married couples, and older adults Mobile lifestyles

FORECLOSURE PREVENTION PRINCIPAL REDUCTION AND. Preliminary Report, Findings and Recommendations from the IDT. Seattle City Council March 26, 2014

Wholesale Originations Best Practices

FILLING OUT THE ANSWER

Request for Additional Clarity and Guidance Related to the FHA Single Family Housing Policy Handbook

Recourse vs. Nonrecourse: Commercial Real Estate Financing Which One Is Right for You?

ADV Homebuyer Buy Now! Program Overview

Fraud, Waste, Abuse and Corruption of Federal Grant Funds Title I Department

2014 Freddie Mac and Fannie Mae. All Rights Reserved. MISMO is a registered trademark of the Mortgage Industry Standards Maintenance Organization.

Property Information. Address:

Loan Comparison Report. Sample

CHAPTER 14 - FINANCE I. INTRODUCTION FINANCING INSTRUMENTS A. THE DEMAND FOR LOANS. BORROWERS INCLUDE: B. THE SUPPLY OF MONEY FOR LOANS.

REPORT OF THE OFFICE OF THE INSPECTOR GENERAL

EFFECTIVE MAY 1, What You Should Know About Home Equity Lines of Credit and Important Terms of FlexEquity / Real Estate Line of Credit

What s My Note Worth? The Note Value Handbook

SUBJECT: SELLING REPRESENTATION AND WARRANTY FRAMEWORK LIFE-OF- LOAN EXCLUSIONS EXCLUSIONS LIFE-OF-LOAN SELLING REPRESENTATIONS AND WARRANTIES

Assessment: Career Path Interview. Preparing for Higher Education Planning for Higher Education Paying for Higher Education. Applying for a Job

TO: Freddie Mac Servicers November 9, 2012

PREDATORY LENDING. credit. Predatory Lending

TITLE VII WALL STREET REFORM AND CONSUMER PROTECTION ACT OF 2009 (FORMERLY H.R. 1728)

FORECLOSURES. I m behind in my mortgage payments, what should I do?

Transcription:

Mortgage Bankers Association of Puerto Rico 2018 Mortgage Fraud Prevention Seminar

Agenda The Federal Housing Finance Agency (FHFA) and the financial crisis The FHFA Office of Inspector General (FHFA-OIG) mission What is mortgage fraud Fraud for house vs. fraud for profit RED FLAGS Mortgage fraud trends FHFA-OIG s plan of action How to contact FHFA-OIG (Hotline) 1

FHFA and the Financial Crisis Housing and Economic Recovery Act of 2008 (HERA) Created FHFA as the regulator over Fannie Mae, Freddie Mac, and Federal Home Loan Banks Created conservatorship framework 2

3

FHFA-OIG Mission Promote the economy, efficiency, and effectiveness of FHFA s programs and operations Prevent and detect fraud, waste, and abuse in the programs and operations of FHFA Seek administrative sanctions, civil recoveries, and/or criminal prosecutions of those responsible for fraud, waste, and abuse in connection with FHFA s programs and operations 4

FHFA-OIG Office Descriptions Audits & Evaluations Conservatorship operations Supervision Counterparties and third parties Information technology security Investigations Non-public Across the fraud spectrum Work with other law enforcement agencies Outreach Hotline 5

Mortgage Fraud Mortgage fraud means a material misstatement, misrepresentation, or omission relied upon by a financial institution Fraud = an intentional deception for personal gain Who commits mortgage fraud: Can include developers, lenders, borrowers, appraisers, title companies, lawyers, etc. 6

Three C s of Lending Mortgage Fraud CREDIT: How is your past credit; have you used credit before; what is your payment history for bills; etc. COLLATERAL: Assets (i.e. real estate, personal property, investments, savings, etc.) CAPACITY: (or ability to repay): What is your current salary; what debts do you currently have obligations on; what are your living expenses or how many dependents are you responsible for 7

Fraud Follows Opportunity Source: Freddie Mac 8

Mortgage Fraud FRAUD FOR HOUSE One loan Minimal loss (repayment intent) Usually value relatively accurate Primarily the borrower (intends responsibility) Participant rarely paid (kickbacks) Misrepresentations (income/assets/occupancy) FRAUD FOR PROFIT Multiple loans Significant losses (early defaults) Value often inflated (appraisal fraud) Industry insider fraud (often involves straws) Participants compensated (kickbacks) Misrepresentations (same) 9

Mortgage Fraud 18 USC 20 Financial Institution Defined includes: An insured depository institution of the Federal Deposit Insurance Corporation (FDIC) A federal home loan bank (FHLB) or a member A small business investment company A mortgage lending business or any person or entity that makes in whole or in part a federally related mortgage loan as defined in section 3 of the Real Estate Settlement Procedures Act of 1974 10

Review for inconsistencies Trust but Verify! Fannie Mae: https://www.fanniemae.com/content/tool/com mon-red-flags.pdf Sales Contract: RED FLAGS Non-arm s length transaction: seller is real estate broker, relative, employer, etc. Real estate commission is excessive 11

Credit Report: RED FLAGS Liabilities shown on credit report that are not on mortgage application Employment discrepancies Invalid Social Security number or variance from that on other documents 12

RED FLAGS Employment and Income Documentation: Applicant s job title is generic, e.g., manager, vice president Employer unable to be contacted Applicant reports substantial income but has no cash in bank Income appears to be out of line with type of employment 13

RED FLAGS Asset Documentation: Applicant s salary does not support savings on deposit Bank statements do not reflect deposits consistent with income Reasonableness test: assets appear to be out of line with type of employment, applicant age, education, and/or lifestyle 14

RED FLAGS Owner Occupancy: Applicant intends to lease current residence Significant or unrealistic commute distance TRUST BUT VERIFY! 15

What FHFA-OIG is seeing TRENDS IN MORTGAGE FRAUD 16

Foreclosure Rescue Scams Borrowers in default approached by foreclosure specialists who promise to help avoid foreclosure Borrowers often pay for services that are never delivered and ultimately lose their home (up front fees) File bankruptcy Fractional deed or borrower surrender title to the specialists but continue as a renter Set up equity skimming scheme 17

Foreclosure Rescue Scams David Griffin case: 18

Foreclosure Rescue Scams David Griffin case: Targeted victims by searching the Hillsborough County records to determine homeowners facing foreclosure Approached victims telling them that he had a special system to save their homes from foreclosure by negotiating with the lender Convinced victim homeowners to quitclaim deed their houses over to one of Griffin s two companies Victims then signed a rental contract where Griffin collected rent while he was saving their homes 19

Foreclosure Rescue Scams David Griffin Case: Griffin never negotiated with banks to save the victims homes as promised The foreclosure process kept moving ahead In order to keep collecting rents, Griffin filed Chapter 7 skeletal bankruptcy petitions in the victims names without their knowledge or consent; automatic stay in effect; no filing fees were paid Took the Chapter 7 bankruptcy petition receipt to Hillsborough County, imminent foreclosure sale was immediately halted 20

Foreclosure Rescue Scams David Griffin Case: Griffin indicted for bankruptcy fraud, mail fraud, aggravated ID theft and repeatedly lying under oath to the U.S. Trustee during his Rule 2004 Examination and lying to the Bankruptcy Trustee at his Section 341 hearing Pled guilty At sentencing, judge called Griffin a liar and a walking fraud; repeatedly asked You realize you are lying to a Federal Judge? Guidelines (10-16 months) Griffin sentenced to three years 21

Property Flipping Property is purchased, falsely appraised at a higher value, then quickly sold Initial purchase can be on paper or for cash, with a hidden middle sale and an inflated mortgage Typically involves false appraisals, reported improvements that didn t occur, and fraudulent origination documents 22

REO and Short Sale Scams REO maintenance and management fraud Fraudulent appraisals or artificially devaluing the property by removing appliances, adding smells, taking ugly pictures, etc. Non-arms length transactions Immediately reselling the property at a significantly higher price Typical perpetrators are real estate agents 23

Deed Theft Typically involves vacant or foreclosed properties Fraudsters conspire to have legal title wrongfully transferred away from real owner They then sell or rent the property, keeping all proceeds, security deposits, rent, and/or earnest money, even though they never acquired the title legally Common tactic with Sovereign Citizen movement 24

FHFA-OIG s Plan of Action 25

How to Contact FHFA-OIG To report suspected fraud, waste, or abuse in FHFA programs or operations, please contact FHFA-OIG: Call: OIG Hotline at 1-800-793-7724 Fax: (202) 318-0238 Visit: www.fhfaoig.gov/reportfraud Write: Federal Housing Finance Agency Office of Inspector General 400 7th Street, SW Washington, DC 20219 26

How to Contact FHFA-OIG Special Agent in Charge Edwin S. Bonano (813) 363-0658 Tampa, FL Field Office Southeast Region Federal Housing Finance Agency Office of Inspector General 27

Questions and Answers 28