It is always sad to hear news concerning colleagues in the
real estate and financial industry being active participants or perpetrators in
fraud schemes that contribute to negative impacts on the industry as a whole.
In mortgage transactions especially, there are often many parties to the
transaction:
·
Real estate agents, brokers and/or developers
- Mortgage agents and brokers
- Appraisers
- Property inspectors and more…
These are all professionals apart from you, the lender, who
participate throughout the process – and bad conduct on the part of one could
result in a massive financial loss to all. Part of the issue is education
because sometimes professionals make adjustments to deals to make them more
favourable – not because they are intending to commit fraud but because they
are trying to sell you on their deal and they may see filling small shortfalls
as innocent or in the grey.
Then, there are instances of blatant fraud schemes that
create concern for all. Take, for example, this recent article from Mortgage
Broker News which discusses the recent conviction of two real estate
developers whose property fraud scheme saw investors lose an average of $50,000
to $100,000 each: http://www.mortgagebrokernews.ca/news/real-estate-developers-found-guilty-in-fraud-scheme-188687.aspx.
This scheme appears to have been fraud by title. A recent Vancouver
Sun article indicated that these real estate developers promised security
on loans by investors when it turned out that they never owned the property
they pledged as security to begin with.
In total, millions of dollars were stolen and the real
estate developers were ordered to pay hundreds of thousands of dollars in fines
in addition to repaying the fraudulent money owed.
Fines are great, but they don’t really satisfy when these
individuals have nothing. You can’t enforce on nothing so even if someone
commits fraud against you and you receive an award from the court or government
it doesn’t mean that you will ever see that lost money. Many instances of mortgage
and title fraud are not even thoroughly investigated by police even if it is
fraud involving money and property.
The best way to prevent fraud is to identify it before you
fund a deal. In the above mentioned instance, preventing said fraud could have been
as simple as investors or the brokers who represented them taking the 5 minute
step of verifying who was on title to the property.
Shoulda, woulda, coulda, right? When these things happen the
only thing the industry can do is learn from them and improve.
For more about the tools that make identifying fraud that
much easier, please call Purview For Lenders today at 1.855.787.8439.
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