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Mortgage fraud driving foreclosure numbers higher

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A multi-million dollar fraud ring [subscription required] exposed in Atlanta may end up explaining more of the foreclosures than anyone imagined. Today's Wall Street Journal details the how the fraud ring got $6.8 million in mortgages from Bear Stearns (NYSE: BSC).

The Journal story talks about a New Yorker who told the bank that he and his wife earned more than $50,000 month as top officers of a marketing firm and submitted statements showing he had $3 million in assets, according to the federal fraud indictment. In reality, he was actually a phone technician earning $105,000 per year with only $35,000 in assets and his wife was a homemaker with no outside income. They bought a mansion for $1.8 and it recently sold out of foreclosure for $1.1 million. The scheme was exposed by neighbors who saw multi-million dollar homes sell for sky-high prices and then sit empty. People involved in this Atlanta ring are facing criminal fraud charges.

The FBI told the Journal that the percentage of white-collar agents and analysts devoted to prosecuting mortgage fraud is 28%. That's four times the number working on those types of cases in 2003 when it was only 7%. Lenders must file Suspicious Activity Reports when they suspect fraud. The number of reports being filed is up by nearly 700% between 2000 and 2006. In 2003 there were 436 active mortgage fraud cases and in 2007 the case load is 1,210.

Arthur Prieston, chairman of the Prieston Group, which provides mortgage fraud insurance and training, believes 2006 losses from mortgage fraud could total a record $4.5 billion, which is a 100% increase from the previous year, according to the Journal. Based on the increasing FBI caseload, I'll bet that number jumps even higher when the 2007 statistics are in.

Prieston believes that in some regions of the country half of all foreclosures may be due to fraud. He told the Journal, "We've created a culture where a great many people know how to take advantage of the system." This system he refers to are "stated income" loans, where little or no documentation is needed, also known inside the industry as "liar's loans." The Mortgage Asset Research Institute, another fraud protection firm that works with lenders, told the Journal it has found 60% of those stated amounts were exaggerated by more than 50%.

While people who are self-employed often must depend on these stated-income loans, if you do fall in that category you will have to jump through a lot more hoops to get a loan today as new mortgage rules are implemented. Unfortunately, as people learn to the game the system, honest folks get hurt in the process.

Obviously with all that's been exposed, it's clear that in the rush to make money and compete with other lenders for the business, financial institutions were lax in their fraud monitoring. Why did things get so bad? Who was watching the store?

Lita Epstein has written more than 20 books including "The 250 Questions You Should Ask to Avoid Foreclosure" and the "Complete Idiot's Guide to the Federal Reserve."

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Last updated: November 25, 2009: 06:35 AM

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