Common mortgage scams and how to avoid mortgage fraud

The effects of mortgage scams impact every aspect of the home buying process.

Since the money lost from mortgage scams can be high value and difficult to recoup, predatory lenders are constantly evolving tactics to evade authorities and trap borrowers. Whether you’re in an undesirable financial situation, buying a home or refinancing, you should be wary of predatory practices in order to avoid mortgage fraud and scams.

Signs of mortgage fraud

In cases of mortgage fraud for profit, scammers most commonly promise victims to save their homes from foreclosure with term modifications and debt management, or to entice buyers with free services and reduced interest rates. Scammers prey on vulnerable homeowners and prospective homeowners who lack education or financial security.

The following signs may indicate mortgage fraud.

1. “Too good to be true” interest rates

Mortgage rates that are noticeably lower than market interest rates are typically a sign of various hidden fees or even a bait-and-switch tactic. Predatory lenders may try to tell you that you no longer qualify for the advertised rate, or tack on additional fees after locking in the original rate if they think they can get away with it.

2. Your Loan Estimate isn’t honored

Your Loan Estimate gives basic loan information in a standardized format from the U.S. Department of Housing and Urban Development (HUD). It includes itemized costs of a loan, including fees, and is sent within 3 business days of a mortgage application. Lenders aren’t allowed to charge fees outside of the credit report fee prior to accepting the terms. 

Under the Real Estate Settlement Procedures Act (RESPA), mortgage lenders are required to honor the Loan Estimate within the relative tolerance level. If these estimates aren’t honored outside of changed circumstances, be wary of predatory lending.

3. Mortgage payment scams

If you’ve ever wondered how much of your income should go to your mortgage, a good rule of thumb is to understand the 28% rule. This means that no more than 28% of your gross monthly income should go toward your monthly mortgage payment. 

The higher your debt-to-income ratio (DTI), the riskier you are for a mortgage lender. If your lender is offering a loan that is larger than 28% of your income, be wary.

4. Homes that are overvalued

Overvalued property creates risk for legitimate mortgage lenders by generating an inaccurate resale valuation or an inflated borrower income that will be difficult to pay off with existing income.

5. Penalties for prepayment

A prepayment penalty is charged for paying off your mortgage too quickly or for refinancing. While prepayment penalties can offer lower overall interest rates, oftentimes, they’re hidden in the fine print of agreements. As a result, many borrowers don’t realize the stipulations of the penalties and are hit down the line with fees. Generally, these penalties are included as a way for lenders to make money on interest payments at the expense of the borrower.

6. Your credit score doesn’t matter

Your credit score will always affect your mortgage rate, without exception. If you’re being offered a home loan that states this score won’t affect the mortgage, be wary. These tactics are typically schemes that prey on low-income borrowers and generally come with undesirable terms.

6 types of mortgage fraud to watch out for

With many mortgage scams going unreported as ill intent can be difficult to prove, it’s important to be able to identify common scams you might encounter.

Common mortgage scams include:

1. Mortgage wire fraud

Mortgage wire fraud is carried out by scammers who impersonate escrow officers, real estate agents or the lender. In this scheme, they attempt to get the prospective homeowner to wire funds into an illegitimate account for financial gain during the closing process.

These sophisticated mortgage scams often include criminal organizations and untraceable offshore accounts, making the funds nearly impossible to recoup.

Mortgage wire transfer scammers may attempt to hack legitimate email addresses or send the buyer phishing emails posing as someone involved in the transaction. They’ll monitor pending sales and, as the closing date nears, send fraudulent instructions to wire the closing funds.

Expert advice: Wiring instructions should be voice verified. Before sending any type of payment, authenticate the receiving account with your bank. Always double-check that incoming emails have legitimate addresses and watch out for grammatical errors and excessive urgency.

2. Foreclosure scams

Homeowners in financial distress are a common target for mortgage scammers. Predatory lending schemes use a variety of methods, like equity skimming, loan modification, and rescue and relief schemes to take advantage of vulnerable homeowners.

In short, these tactics offer to pay the mortgage or save the home of a homeowner in financial distress. Let’s explore a few common types of foreclosure scams.

• Equity stripping: Equity skimming, or equity stripping, takes place when a homeowner defaults on their loan, and a predatory investor offers to purchase their property to avoid foreclosure. The investor then gains the deed of the home and leases the property to a third party or the existing owner. The perpetrator then pockets the rental income (which is typically inflated), refinances the mortgage to strip the equity and flips the home while the abandoned homeowner is still indebted to mortgage obligations.
• Loan modification and foreclosure relief scams: With a loan modification scheme, scammers misrepresent themselves as government officials or attorneys and offer to negotiate the terms of a mortgage to avoid foreclosure. In exchange for the agreed service, they charge high fees that are due upfront. Generally, they either negotiate unfavorable terms that result in eventual foreclosure or fail to negotiate new terms at all. 

Expert advice: Prior to working with a third party, you should seek help directly with your lender or service provider. Always verify the credentials of mortgage relief service providers with the U.S. Department of Housing and Urban Development (HUD) prior to opting into their services.

3. Reverse mortgage scams

Reverse mortgage fraud is a scheme that takes advantage of home equity conversion mortgages (HECM), which are insured by the Federal Housing Administration.

A HECM is intended for senior homeowners, ages 62 and older, who own their primary residence. The program offers seniors their home equity in a single payment. Scammers take advantage of the program by recruiting seniors and applying for the loan on their behalf based on an inflated appraisal. While the homeowner continues to pay property taxes and insurance, they’re offered a portion of the payment while the scammer skims the remainder.

Because the HECM program doesn’t require repayment until the homeowner no longer lives in the property, the original lender often doesn’t recognize the scam until the homeowner passes away or sells their home, at which time the entire loan plus interest accrued is due.

Expert advice: Be wary of programs that imply reverse mortgages are a government benefit instead of a loan with a repayment structure.

4. Bait-and-switch scams

The bait-and-switch tactic entices buyers with impressive terms and mortgage rates. Once the buyer signs on, those terms are then flipped or they’re told they no longer qualify for the lower rate. This leaves home buyers stuck with fees, high rates or unattractive loan terms.

Because rate changes happen often in legitimate settings and it’s possible for additional fees from Fannie Mae and Freddie Mac to be added to your loan after the estimate, these scams can be difficult to prove.

Specific types of mortgages, like negative amortization home loans and balloon loans, may have the same classification, as buyers are lured into these loans with impressive or nonexistent interest rates that become unaffordable after the set introductory period.

Expert advice: Ask your mortgage lender to lock in your rate with a breakdown of fees. With your rate lock confirmation, you’ll also get a Loan Estimate to compare rates across other lenders.

5. Loan flipping

Loan flipping, also known as loan churning, is the process of continually refinancing a borrower’s mortgage in attempts to collect fees for financial gain. This tactic has virtually no benefits to the borrower, as they can add transaction fees and closing costs that result in a longer term and additional debt.

Loan flipping is different from illegal property flipping where a borrower purchases a home at a higher appraised value than it’s worth and sells it quickly after purchase.

Expert advice: Look at the overall cost of your refinanced loan, including the interest rate, closing costs and fees across the new loan term, which may be extended.

6. Fake real estate agent

Real estate broker fraud typically occurs when an agent misrepresents themselves or misinforms a buyer. In some cases, a fake real estate agent may falsify credentials with a fake license, background or work history. Alternatively, a real estate agent may not follow full disclosure requirements about a property’s age, defects or foreclosure. These fraudulent agents may also try to rent out a home that’s being foreclosed on or for sale.

Expert advice: Check with your state’s department of real estate or the real estate commission to verify your agent’s license number before conducting business with them. 

How to report mortgage fraud

If you’ve fallen victim to mortgage fraud, reporting the incident helps prevent further problems and helps authorities prosecute the offender and close ongoing investigations. To report a mortgage scam, follow the below steps:

1. Contact your Home Loan Expert or mortgage service provider.
2. Talk to a HUD-approved housing counselor.
3. Report the fraud to relevant authorities – FBI, U.S. Attorney’s Office, State Attorney’s Office, Federal Trade Commission or the Consumer Financial Protection Bureau.

The bottom line: Know how to identify mortgage fraud

Mortgage scams adjust based on economic changes and adaptations to lending practices, making them reactive and persuasive. Be vigilant about the credentials of the people you work with when you’re purchasing a home or refinancing or if you’re in a financially insecure situation.

Now that you’re armed with this important knowledge, start the mortgage process today if you’re feeling confident and prepared to become a homeowner.