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Retain your own legal and financial counsel in the matter; don't accept referrals from real-estate brokers or other interested parties. Unethical attorneys and accountants have been charged in recent mortgage-fraud cases. They can facilitate crimes such as falsifying government documents and steer you wrong if fraud evidence does come to light.
Appraisers who are unlicensed or misrepresenting themselves can get away with inflating home values to touch off loan-fraud schemes. A buyer on their payroll or who may be organizing the ruse applies for a high loan based on the inflated appraisal price, pocketing the difference. Legitimate appraisers are meant to be objective in real-estate assessments. If your agent and broker won't let you choose an appraising company or get a second opinion, drop them and file a complaint.
Even your loan officer may be conspiring with other players to defraud you or the bank of funds. As you move through the paperwork process, check original with final drafts to ensure that your personal information and the loan terms remain the same.
Your Liability
As the incidence of identity theft grew, legislative and lending rules acknowledged the innocence of victims-to a point. It is possible to let one's identity be used illegally, as in the cases of convicted "straw," or false, buyers. While the burden of proof of intent lies on prosecutors, it can be difficult for the innocent to refute some evidence. Your signature is legally binding, even if you signed a blank form that was filled in later, and possibly falsely
If mortgage fraud is behind your home purchase or sale, you may become a person of interest to law enforcement authorities. As soon as you suspect trouble in your transaction, contact a mortgage fraud or real estate attorney referred by someone whom you trust. For a list of qualified attorneys in your area, complete our short questionnaire.
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