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Mortgage Fraud

Fraud Seen as Too Much For Industry to Ignore

By Alton Gary Simpson

IRVINE, CA--The problem of mortgage fraud has grown to such an extent that it is no longer possible for the mortgage industry or for federal, state and local regulators and legislators to ignore it, according to Tricia Bailey, president of BrooksAmerica Mortgage Corp. here.

The FBI 2006 Financial Crime Report noted that the number of mortgage related suspicious activity reports (SARs) that it receives shot up by 62% from fiscal years 2005 to 2006.

"It's definitely become more of an issue during the past few years. It's really started to take on a lot of steam, which is actually a good thing," said Ms. Bailey, adding that in the past, industry insiders either ignored the problem or failed to bring it to the forefront. She acknowledged that lenders would find themselves using the following rationalizations:

• If our lending standards are too high in pursuit of weeding out mortgage fraud, we will lose market share and eventually go out of business; and

• If our lending standards are too low, we'll gain market share, but eventually be going out of business.

She said that accepting a certain level of mortgage fraud was seen as part of the price to be paid for being in the lending business. "But because of the staggering losses that the industry as a whole has experienced in the last few years and the way the fraud problem has mushroomed with all the creative loan products, it has really now captured the industry's attention."

Among the statistics raising the lending industry's consciousness about fraud was the FBI 2006 Financial Crime Report stating that losses stemming from mortgage fraud in 2006 were just shy of $1 billion. And, as noted the introduction to the Ninth Periodic Mortgage Fraud Case Report to the Mortgage Bankers Association by MBA president and CEO Jonathan Kempner: "This likely represents only the tip of the iceberg, as SARs are only required to be filed by federally-regulated institutions."

Ms. Bailey said that she is currently seeing many more lenders sharing information about mortgage fraud, something that they have been reluctant to do in the past because of competitive pressures. "We're [lenders] banding together as a group instead of dealing with the losses separately," she noted. "We're sharing information in order to provide a unified force against these perpetrators and make it more difficult for them." She added that lenders are being much more aggressive in reporting and going after people who commit mortgage fraud.

Ms. Bailey also said that the size and scope of the mortgage fraud problem has also captured the attention of regulators, lawmakers and the FBI. She said that in the past it was at times difficult to get the authorities to go after the perpetrators of mortgage fraud. And she noted that from her own professional experience as president of BrooksAmerica Mortgage it could take years to resolve a mortgage fraud case. Ms. Bailey stated that the added manpower and resources dedicated to fighting mortgage fraud on the part of federal, state and local governments has begun to speed up the resolution of fraud cases. "Now you are starting to see them go after these people and put them behind bars," she added. "You're seeing a big crackdown in the industry. Unfortunately, it has gotten to such a scale that you can't ignore it anymore and that's really the bottom line."


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