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Mortgage Fraud
Mortgage fraud is a white-collar crime that has been a steadily growing problem across the country in recent years. It is a crime in which property values can be artificially inflated in order to fraudulently remove funds from the property's equity, although other forms of fraud have been reported. When mortgage fraud occurs, one or more parties knowingly make deliberate misstatements, misrepresentations, or omissions during the mortgage lending process. The perpetration of such a crime usually requires the collaboration of an industry insider.
The scope of mortgage fraud within the United States is staggering. While the financial cost of mortgage fraud is not fully known, one reasonable industry estimate projects the cost to exceed $1 billion. According to the Mortgage Asset Research Institute, there were 70,472 inquires by mortgage professionals regarding potential mortgage fraud occurrences in 2010 alone, as measured through industrywide Suspicious Activity Reports. This represents an increase of nearly 2,300% from only one decade earlier, further underscoring the seriousness of the issue within the housing profession. It is likely that the number of actual mortgage fraud cases could in fact be much higher. This discrepancy could be due to mortgage fraud being hidden in rapidly inflating housing markets, a lack of overall attention from banking regulators and quality control experts, and the fact that Suspicious Activity Reports are not required from all lending institutions.
Although mortgage fraud was not heavily reported before or during the housing boom, the regular and financial media have done much during the latter part of the 2000s to bring the issue to the forefront. The rise in mortgage fraud activity has coincided with a similar rise in the nation's home-ownership rate, which peaked in the mid-2000s at around 70%. It is logical to assume that the robust number of real estate sales that occurred during that time helped to fuel much of the fraud that was later detected.
Description of Mortgage Fraud
Mortgage fraud is generally divided into two broad categories: fraud-for-property and fraud-for-profit. Fraud-for-property schemes usually involve material misrepresentation or omission of information. These factual misrepresentations are made with the intent to deceive or mislead a lender into extending credit, when in fact the household should not be given such a loan in the first place. This type of fraudulent activity is usually committed by prospective homeowners seeking to obtain a home beyond their current means. Such a practice was not uncommon during the era when underwriters required either little or no documentation to back up their claims, which was intended to free up time for originators to make a larger volume of loans. Instead, it devalued the concept of quality control within the industry and allowed little verifiability about the borrower's income and employment situation. Fraud-for-profit schemes, on the other hand, are done with the intention of accumulating false equity out of the home. Fraud-for-profit schemes are usually committed with the help of industry insiders, and usually there is no intention of having a viable buyer as a long-term resident. Because of its pernicious nature, prosecutors generally view this type of offense much more harshly than fraud-for-property crimes.
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