Mortgage fraud seems to be the hot topic, today. I attended a party this weekend where I was pelted with questions and varying opinions about the topic. Many came from the legal crew, a few from bankers, but most were from worried consumers. The former two groups scared the crap out of the latter. Each question that was posed was answered by each of these three parties:
CORPORATE ATTORNEY: Any lie on a federal form is a felony.
PERSONAL INJURY ATTORNEY: Were you coerced by the mortgage broker? Most clients were and you could sue for damages.
BANKERS: If it’s a portfolio loan, we may pursue legal action. If we securitized it, it was built into the pricing.
My opinions to some common questions, about mortgage fraud, are below:
If I obtained a loan as a stated income loan, did I commit fraud?
Not if you didn’t lie. Stated income loans were designed for those with erratic income or rising income. The best litmus-test would be to pull the 3-6 bank statements prior to application. If the monthly deposits mirrored your “stated” monthly income, you didn’t lie. If you grossly overstated that amount, you lied and probably committed fraud. Cash flow rules.
I bought a second home with the intention to use it as a vacation rental property. I financed it as a second home, did I commit fraud?
Not if you resided in it for at least 15 days each year. It’s a “vacation” home and if you used it for vacations, you’re fine. You are still allowed to rent out a vacation home.
I bought a property, in my daughter’s name, as an owner-occupied home but she rents rooms out to students. Did I commit fraud?
FHA has the “kiddie-condo” program. Actually, that means that you can be a non-occupying co-borrower and still get a owner-occupied rate. If your daughter qualified on her own, and you helped her with the down payment by signing a gift letter, you might be liable for taxation but the transaction appears to be legit.
I have funky employment. It’s not steady so I coerced my existing employer to “fudge’ the dates on a Verification of Employment form. Read more