Mortgage Fraud: Is It Worth It?

Lately, there have been quite a few headlines in the news regarding mortgage fraud – both right here in Pennsylvania as well as in the national news. Many experts point to mortgage fraud as one of the reasons that the country is experiencing a housing crisis. And although to some people it may seem to be a case of “too little, too late”, agencies such as the FBI are cracking down on mortgage fraud — and they appear to just be getting started rounding up the bad guys.

From The FBI Website:

Mortgage Fraud is investigated by the Federal Bureau of Investigation and is punishable by up to 30 years in federal prison or $1,000,000 fine, or both. It is illegal for a person to make any false statement regarding income, assets, debt, or matters of identification, or to willfully overvalue any land or property, in a loan and credit application for the purpose of influencing in any way the action of a financial institution. Some of the applicable Federal criminal statutes which may be charged in connection with Mortgage Fraud include:

• 18 U.S.C. § 1001 – Statements or entries generally
• 18 U.S.C. § 1010 – HUD and Federal Housing Administration Transactions
• 18 U.S.C. § 1014 – Loan and credit applications generally
• 18 U.S.C. § 1028 – Fraud and related activity in connection with identification documents
• 18 U.S.C. § 1341 – Frauds and swindles by Mail
• 18 U.S.C. § 1342 – Fictitious name or address
• 18 U.S.C. § 1343 – Fraud by wire
• 18 U.S.C. § 1344 – Bank Fraud
• 42 U.S.C. § 408(a) – False Social Security Number

Mortgage Fraud in Pennsylvania: It Still Happens

Some people think that mortgage fraud doesn’t really happen anymore, but it is alive and well. Chances are that some type of mortgage fraud is happening right here in Pennsylvania, right now. If you are aware of any mortgage fraud victims or scams, be sure to contact the FBI.

The first question that many people in Pennsylvania asked when the 8000 tax credit was passed was “can I use the 8000 tax credit for my closing costs?” and as of recently the answer is “yes”.

The Pennsylvania Housing Finance Agency has started a program that “loans” new home buyers the amount of the tax credit they will be due as long as they are using the Keystone Home Loan and the Keystone Home Loan Plus programs to purchase a home anywhere in Pennsylvania. These first time home buyers can now take advantage of monetizing the Home buyer Tax Credit early by using the PHFA Tax Credit Advance Loan Program.

The Pennsylvania Housing Finance Authority short term loan program does not use the tax credit as collateral, but the loan program is setup to not require any payments or accrue any interest until June 2010. It is expected that by accruing no interest and requiring no payments until this time will give the new home buyer enough time to claim their tax credit refund and to then use that money to pay off the PHFA advance loan before payments and any interest is due.

PHFA Tax Credit Advance TCA Loan Program Guidelines

• The TCA Program is only available to first time buyers getting a PHFA first mortgage using the Keystone Home Loan and the Keystone Home Loan Plus home buyer assistance programs.
• The TCA can also be used through PHFA’s special mortgage programs called the PHFA Access Modification Program and the Purchase Improvement Program.
• The TCA is a lien attached to the home which must be repaid before the homeowner can sell their property.
• The TCA can be for the lesser of 10% of the home’s sales price or up to a max of $6000 for a new construction home and $5000 for a resale home. There is a minimum loan amount of $500.
• PA homebuyers planning on using the TCA must occupy the home they purchase.
• Until the end of June 2010 the TCA is interest free and has no payment. If the TCA is not paid in full by the end of June 2010, the TCA converts to a 10 year loan and an interest equal to the interest rate on the first mortgage.
• The TCA cannot be used in conjunction with other closing cost and downpayment assistance programs offered by the PHFA. These programs include: Keystone Assistance Loan, HOMEstead, or the Access Downpayment and Closing Cost Assistance Programs.
• There are no time extensions permitted to paying back the TCA that would extend the interest free period or the no payment grace period good through June 2010.
• The TCA cannot be used in non-arms length transactions such as buying a home from a parent or relative.
• Income and purchase price limits based on the federal tax credit income guidelines or the PHFA income and purchase price guidelines apply – whichever is more restrictive.

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