Mortgage Fraud Archives - FREE CONSULTATION

New Mortgage Demand Accompanied by Fraud Risks

Posted on October 11, 2017by Admin

An increase in mortgage demand brings with it an increase in fraud risk, according to CoreLogic. Analyzing only the data on purchase applications, from Q2 2016 to Q2 2017, the proportion of purchase transactions within the group increased from 55% to 66% of applications.

As a whole, during the second quarter of 2017, an estimated 13,404 mortgage applications or 0.82% of all mortgage applications contained fraud. This is compared to the second quarter of 2016 when mortgage application fraud was found on 12,718 applications, or 0.7% of all applications.

So where is the increase in fraud risk mainly coming from? CoreLogic identified the top three mortgage fraud indicators that are on the rise.

Occupancy fraud risk

CoreLogic identified this as the No. 1 fraud risk. Occupancy fraud occurs when the mortgage applicant deliberately misrepresents their intended use of the property (i.e. – primary residence, secondary residence, or investment property). From the second quarter of 2016 to the second quarter of 2017, the occupancy- fraud indicator grew 7%.

Transaction fraud risk

Transaction fraud risk increased 3.9% when compared to the same quarter last year. This type of fraud occurs when the nature of the transaction is misrepresented, such as undisclosed agreements between parties and falsified down payments.

Income risk fraud

Income fraud rounded out the top three and includes misrepresentation of the existence, continuance, source, or amount of income used to qualify for a mortgage.

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Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

Bankruptcy Law, Debt Relief, Foreclosures, Timothy Kingcade Posts

Mortgage Fraud on the Rise- Florida Remaining the State with the Highest Risk

Posted on October 17, 2016by Admin

Fraud is on the rise in the mortgage industry, with Florida remaining the state most at risk, according to new data from CoreLogic. More than 12,000 mortgage applications were estimated to have fraud associated with them, according to the company’s 2016 Mortgage Fraud Report.

The mortgage application fraud risk index was up 3.9% year over year from the second quarter of 2015, continuing an upward trend in fraud since 2010.

“This is consistent with the loosening of credit policy after historically tight credit policies post-crisis,” CoreLogic stated in its report. CoreLogic cited a number of factors contributing to the increase in fraud risk, including an increased share of purchase loans, the availability of higher loan-to-value mortgages and the loosening of GSE credit policies.

Florida had the highest application fraud risk, followed by New York, New Jersey, Hawaii and Washington, D.C.

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Bankruptcy Law, Foreclosures, Timothy Kingcade Posts

Homeowners BEWARE: The Latest Foreclosure Rescue Scam- Securitization Audits

Posted on April 26, 2016by Admin

There are many struggling homeowners on the brink of foreclosure, and scammers have been there to capitalize on it, offering “mortgage elimination” or other foreclosure tactics that in some cases are illegal. One commonly advertised service is a Securitization Audit.

A number of companies have been pushing “forensic loan audits.” Since knowledgeable attorneys and homeowners recognize these “audits” are basically useless, scammers are now peddling, securitization audits. The supposed reason given for a ‘securitization audit’ is to determine the true owner of a promissory note. Allegedly, with this information, the homeowner can show a court that the party actually foreclosing on a mortgage is not the actual note owner.

These scammers are charging fees for information that is free to everyone. There is absolutely no need to pay for a securitization audit, but the scammers are counting on the fact that the average homeowner does not know that.

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Foreclosures, Timothy Kingcade Posts

$5.4 Million Awarded to Houston Couple in Foreclosure Fraud Case

Posted on December 11, 2015by Admin

Sometimes David does beat Goliath. It’s a story we have heard thousands of times since the housing crisis. Homeowners fighting the big banks to try and save their homes from foreclosure. Many times arguing that the lender or servicer has no legal authority to foreclose on their home.

One Houston couple recently took on one of the nation’s largest banks- and won! David and Mary Ellen Wolf received a foreclosure notice in 2011 from Wells Fargo. There’s just one problem- The Wolf’s had never done business with Wells Fargo or their mortgage servicer, Carrington Mortgage Services.

After discussing the situation with their neighbor, who is also a lawyer, they determined that neither Wells Fargo nor Carrington had the legal right to foreclose on them. The issue of mortgage notes being transferred between lien holders and servicers after the mortgage was originated is not a foreign concept, but the Wolf’s argued that Wells Fargo violated Texas law.

According to the Houston Chronicle: Wells Fargo retroactively attached the Wolfs’ mortgage to a securitized trust that was closed and sold to investors three years earlier, the bank violated a Texas law that prohibits fraudulent real estate filings. The jury agreed, although State District Judge Mike Engelhart has not formally entered the verdict, and the bank and mortgage company have not said whether they’ll appeal.

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Foreclosures, Timothy Kingcade Posts

South Florida has highest risk of mortgage fraud in the country

Posted on November 13, 2015by Admin

According to a new report, South Florida is the nation’s capital of mortgage fraud. Miami-Dade, Broward and Palm Beach counties have the highest risk of mortgage fraud in the country reveals the property analytics firm, CoreLogic.

Mortgage fraud typically involves hiding information from lenders so borrowers can obtain loans they would not have qualified for otherwise. The report covered the second quarter of 2015.

The number of inexpensive foreclosed homes in South Florida has made the region more vulnerable and a magnet for fraud. Some local scammers have even been prominent members of the community, including former North Miami Mayor Lucie Tondreau, who was sentenced to 65 months in federal prison for her role in an $11 million mortgage fraud scheme.

But according to the report, this activity is on the decline as the foreclosure inventory dwindles down. The risk of mortgage fraud fell by 9 percent year-over-year in South Florida.

The Miami, Tampa, Orlando, Sarasota and Jacksonville markets accounted for five of the six riskiest areas in the country. (The other being New York City.) Nationwide, the value of fraudulent mortgage applications is estimated at $17.3 billion, according to CoreLogic.

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Foreclosures, Timothy Kingcade Posts

Miami Mortgage Fraud Scheme Costs FHA $50 Million

Posted on August 29, 2014by Admin

Greater County Mortgage Bankers owner Hector Hernandez was indicted along with seven of his employees for a $50 million mortgage fraud scheme. Wire fraud charges were filed against developers Armando Bravo and Aleida Fontao.

The indictment states that the defendants secured fraudulent mortgages through the Federal Housing Administration from 2006 through 2008. The loans included exaggerated income and financial statements. Hernandez, the owner of the mortgage company allegedly used false documents such as phony earning statements to qualify borrowers, who otherwise would not have qualified.

Hernandez was also accused of giving borrowers kickbacks after closing on condominiums. The majority of the Great County loans defaulted and went into foreclosure. The scheme cost the FHA over $50 million, as these loans were guaranteed.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any
questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade &
Garcia website at www.miamibankruptcy.com.

Foreclosures, Timothy Kingcade Posts

North Miami Mayor Charged with Mortgage Fraud

Posted on May 20, 2014by Admin

Before being elected mayor of North Miami last year, Lucie Tondreau was the co-host of several radio programs that federal authorities say led to an $8 million mortgage fraud scheme. According to court documents, the future mayor co-hosted with Karl Oreste, a mortgage company owner, and used Creole-language to bring in “straw borrowers” who filed fake loan applications to purchase 20 homes across South Florida and then cut Tondreau in on the profits of the scam.

The mayor faces criminal charges and a potential suspension from office by Gov. Rick Scott. This is just the latest legal trouble for the mayor, as her campaign faced state scrutiny last year. Prosecutors linked online absentee-ballot requests made in bulk to her campaign office. Florida law prohibits ballot requests to come from anyone other than voters themselves or their family. Tondreau has denied any wrongdoing and has not been charged.

News of the federal charges have spread quickly through the community as Tondreau- the city’s first Haitian-American female mayor- has been a trusted voice on Creole-language radio and has built a reputation in the 80’s and 90’s as a vocal Haitian rights activist in South Florida.

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Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

Two “Real Housewives of New Jersey” cast members admit to mortgage and bankruptcy fraud

Posted on March 5, 2014by Admin

Teresa and Giuseppe “Joe” Giudice, the couple on Bravo’s hit reality TV show, “Real Housewives of New Jersey” both pleaded guilty this week to mortgage and bankruptcy fraud. The popular reality show featured a handful of “supposedly” wealthy cast mates flaunting their lavish lifestyles for five seasons. The Giudices, in particular, flaunted cash freely on the show.

Teresa, 41, and Joe, 43, admitted to conspiring for years to defraud banks and other lending institutions while seeking nearly $5 million in construction loans home equity loans and mortgages. They also admitted to misleading a federal bankruptcy court. After applying for Chapter 7 bankruptcy protection in 2009, the Giudice’s failed to disclose Teresa’s true income from the “Real Housewives” show and personal and magazine appearances. They also concealed businesses they owned and money made from rental income.

Under federal sentencing guidelines, Joe Giudice is facing a recommended prison sentence of 37 to 46 months. Teresa’s lawyer is pushing for a much lesser sentence of only probation, saying she bears less responsibility than Joe for their decade of fraud and noting that the couple has four daughters who need to be cared for. Under the sentencing guidelines, it is recommended that Teresa receive less than 2 ¼ years in prison.

During the 75-minute hearing, before U.S. District Judge Esther Salas, both of the Giudices admitted to one count of conspiracy to commit mail and wire fraud, one count of bankruptcy fraud by concealment of assets, one count of bankruptcy fraud by false oaths, and one count of bankruptcy fraud by false declarations.

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If you are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Foreclosures, Timothy Kingcade Posts

Bank of America Ordered to Pay $863.6 Million Following Fraud Verdict

Posted on November 11, 2013by Admin

The U.S. government has declared that Bank of America pay $863.6 million in damages after a federal jury found it liable for fraud over defective mortgages sold by its Countrywide unit. In addition, the government also asked for penalties against Rebecca Mairone, a former midlevel executive at the bank’s Countrywide unit who the jury also found liable.

The government said these penalties were necessary and it intends “to send a clear and unambiguous message that mortgage fraud for profit will not be tolerated.” Bank of America and Mairone were each found liable for defrauding government-controlled mortgage companies Fannie Mae and Freddie Mac through the sale of fraudulent loans purchased from Countrywide in 2007 and 2008. Mairone has since joined JPMorgan Chase & Co and denied any wrongdoing.

The government said that Countrywide’s program emphasized short term gains and rewarded employees for quantity over quality, eliminating checkpoints designed to ensure the loans were sound. The verdict has been considered a major victory for the U.S. Department of Justice, which has been criticized for failing to hold banks and individuals accountable for their roles in the events leading up to the 2008 financial crisis.

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Foreclosures, Timothy Kingcade Posts

Florida among Top States for Mortgage Fraud

Posted on September 27, 2013by Admin

According to a recent report by CoreLogic, Florida remains one of the most at-risk states for mortgage fraud. The report revealed that Florida had an estimated value of $273 million in fraudulent mortgage applications, behind California ($864 million) and New York ($278 million). Texas ($261 million) and Virginia ($231 million) rounded out the top 5. Nationwide there were an estimated $5.3 billion in fraudulent loan applications.

Click here to read more on the story listing Florida as one of the top states for mortgage fraud.