foreclosure rescue schemes
-fraudster may contact homeowner in the beginning stages of foreclosure, present themselves as intermediaries, and offer to eliminate the debt and save the house for a fee
-fraudster collects the fee and disappears without providing any real assistance to the homeowner
borrower identity theft
-a fraudster unlawfully uses someone else’s personal information, such as name, address, and social security number to obtain a mortgage
reverse mortgage scams
-elderly homeowners can be taken advantage of due to the complexity of the reverse mortgage process
-fraudsters may charge extra fees or insist on additional requirements that are not necessary
straw borrowers
-either an individual whose identity is concealed knowingly or unknowingly (identity theft)
-the straw borrower is often paid to allow someone else to use their credit profile to obtain a mortgage
house flipping
-most fraudulent flipping is based on appraisal fraud
no document loans
-a loan in which the borrower provides very little information to qualify for a loan
mortgage fraud red flags
-unsolicited offers from individuals claiming to be mortgage representatives
-upfront fees for services
-requests to make mortgage payments directly to a foreclosure service company
-requests for a quitclaim deed to transfer interest in the property
-names have been added or deleted from the sales contract
-requests to sign incomplete loan documents
-inflated appraisals
-inflated contract prices
Equal Credit Opportunity Act (ECOA)
-requires lenders to judge every loan applicant on the basis of the applicant’s credit rating and income
Real Estate Settlement Procedures Act (RESPA)
-requiring lenders to provide a loan estimate of settlement costs no later than 3 business days following the date of the mortgage loan application
-requiring each loan applicant to be provided with the information booklet
-requiring that a closing disclosure be completed and provided to the borrower no later than three business days prior to closing
-prohibiting kickbacks and rebates on any transaction regulated under the provisions of RESPA
-requiring a mortgage servicing disclosure statement that discloses to the borrower whether the lender intends to service the loan or transfer it to another lender
Truth in Lending Act (TILA)
-enacted to assure that consumers receive meaningful information concerning the true cost of credit
triggering terms
-if an advertisement contains any one of the terms specified in the TILA then that advertisement must also include three prescribed disclosures
-triggering terms:
-amount of the down payment
-amount of any payment
-number of payments
-period of repayment
-amount of any finance charge