In Kenya, stories erupt all the time about people being conned off their land or an off-plan project gone bad. Most Kenyans never know when the deal is off until the culprit has run off their money. I am sure we have all been a victim of some shady scum either small or big. However, as a borrower, you can commit fraud without knowing.
What is mortgage fraud?
It is any sort of “material misstatement, misrepresentation or omission relating to the property or potential mortgage relied on by an underwriter or lender to fund, purchase or insure a loan.” With this working definition, we see that mortgage fraud can be committed by both individual borrowers and industry professionals.
Borrowers and professionals are motivated to commit mortgage fraud for many reasons. It can be classified as fraud for housing and fraud for profit.
Why borrowers commit mortgage fraud?
Fraud for housing is committed by borrowers who, often with the assistance of loan officers or other personnel, misrepresent or omit relevant details about employment and income, debt and credit, or property value and condition with the goal of obtaining or maintaining real estate ownership.
Thereby, it’s important to note that fraud for housing can be committed by individuals who intend to occupy a property as a primary residence or by investors who intend to rent the property as a source of income or to re-sell for a profit.
Why lenders commit mortgage fraud?
Fraud for profit is committed by industry professionals who misstate, misrepresent or omit relevant details about their personal or their clients’ employment and income, debt and credit, or property value and condition with the goal of maximizing profits on a loan transaction.
Therefore, it’s important to note that fraud for profit can be committed by any professional in the loan transaction chain including the builder, real estate sales agent, loan officer, mortgage broker, credit/debit counsellor, real estate appraiser, property inspector, insurance agent, title company, an attorney and escrow agent.
Additionally, industry professionals can also work in concert, as a network, to defraud underwriters, lenders and borrowers, and maximize fees and share profits on all mortgage-related services. These actions are motivated either by the desire to gain extra sales commissions or simply increase an investment position.
See Also: Cash vs financing: which is better
Common mortgage fraud schemes
Undisclosed Kickbacks
Imagine, you strike a deal with a home seller involves you receiving money for a new roof and your lender is not aware of this. You didn’t add it in the purchase contract nor closing statement. This is a fraud.
Silent Second Mortgage
You are applying for a second mortgage for an asset but you haven’t informed the original lender of your first mortgage. If your asset is already a down payment for another loan, the lender should be aware of your decision to use the asset for a second loan.
Furthermore, as a borrower without a down payment, you can commit mortgage fraud by borrowing the down payment from a seller in exchange for giving the seller a silent second mortgage.
Falsifying Employment Income
You are desperate to get your new home. You are being pressured by your spouse or family then you give in to the pressure. You are aware you don’t qualify for the loan you have applied for so you overstate your income. This is fraud. Claiming to earn more than you in order to purchase a house or maintain ownership of one.
Occupancy fraud
Sometimes you may buy a house and get bored then you decide to rent it out. If you do so and not inform your lenders that you have changed occupancy, problems like foreclosure will arise. If don’t intend to live in the property don’t promise that you will. If the lender finds out, they will most likely demand immediate payment in full for the remaining mortgage.
Furthermore, lenders offer higher interest rates and less favourable terms to non-owner occupants because the lender’s risk is higher. Banks take on greater risk because they get a lower interest rate on the actual delinquency risks associated with tenants that may not pay.
Down Payment Gifts You Will Repay
Take a scenario, you lender reduces your interest for the holiday season. It’s a gift right? But then they actually charge you the same interest as the other months when you are paying. This is fraud. When this type of gift is repaid, it’s actually a loan in disguise.
In addition, if your down payment gets sourced to something other than deposits, it’s a red flag. You should make sure you have asset documentation. Moreover, document everything.
Inflated Purchase Price
Let’s assume you have two purchase contracts then you send the false contract with higher sales prices to your lender. This is in hopes of obtaining a higher appraisal. You are commiting mortgage fraud.
On the other hand, as a lender if you put down a higher purchase price on the purchase agreement than what the buyer is paying the seller. It is fraud.
Falsifying Deposits
You lie to your lender you have already finished paying the seller. You even state it on the purchase agreement, however, when you want to obtain a bond approval. The falsification will be found out and the sale won’t go through.
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