Bulletin 2004 V35-1
How Real Estate Agents Can Avoid Being Caught Up In A Loan Fraud
Scam!
If
it sounds too good to be true, it probably is. Any scenario in which
a buyer is told he can pay nothing down, buy a second home, and a renter will
cover the mortgage payment, is suspect.
Property flips. A flip occurs when a house is purchased for a
lower price and then quickly sold for a substantial profit.A flip can be legal and a sign of a wise
investment - it can also be loan fraud under certain circumstances.Be on the lookout for back-to-back closings,
“sellers” who never actually take title to the property, or false information
being provided to the lender. Remember that effective June, 2003; HUD’s new
rule regarding “flipping” makes properties ineligible for FHA mortgage insurance
if the resale date is not more than 90 days from the date of acquisition by the
seller.
Large assignment fees or second mortgage
payoffs shown on the closing statement. If you are a listing
agent in the transaction, you should know how many mortgages your seller has on
the property and about how much it would take to pay them off. If your seller
only told you about his first mortgage, why is a payoff for a second showing
up?Don’t be afraid to ask questions -
who is receiving this assignment fee, and why?What is it that is being assigned?
Real estate commissions
based on a sales amount that is less than the purchase price shown on
the closing statement. If the closing statement shows a purchase
price of $300,000, the seller isn’t paying a commission on that amount when he
is only going to receive $200,000 from the sale.Why are you, as the agent, getting a
commission based on an amount that is less than the purchase price?
Any scenario that contemplates an exchange of
funds connected to the closing but handled outside the closing and not shown on
the closing statement.If the lender won’t permit it to be shown on
the HUD-1, having the exchange of funds occur outside closing may constitute
loan fraud.This includes additional
fees or other funds paid to real estate agents,
appraisers, parties to the transaction, and third parties.
Contract prices not
supported by other comparable sales.If you’ve done your
homework for your client, you know what similar houses in the same neighborhood
are selling for - if the price on a property is out of line, find out why.