Presentation on theme: "Anti-Money Laundering, Suspicious Activity Report and Fraud Policy Training Policy Effective Date August 13, 2012."— Presentation transcript:
1Anti-Money Laundering, Suspicious Activity Report and Fraud Policy Training Policy Effective Date August 13, 2012
2Anti-Money Laundering Policy The Board of Directors and/or Senior Management of Peoples Home Equity, NMLS #63371 (hereinafter referred to as Company) is committed to combating money laundering. It is the policy of the Company to prohibit and actively prevent money laundering and any activity that facilitates money laundering or the funding of terrorist or criminal activities by complying with all applicable requirements under the Bank Secrecy Act and its implementing regulations.
3Background and Overview The Financial Crimes Enforcement Network (FinCEN) is issuing Anti Money Laundering (AML) program and Suspicious Activity Report (SAR) filing and regulations for residential mortgage lenders and originators as the first step in an incremental approach to implementation of regulations for the broad loan or finance company category of financial institutions. Thus, the definition of "loan or finance company" initially includes only these businesses, but is structured to permit the addition of other types of loan and finance related businesses and professions in future amendments.The Bank Secrecy Act/Anti-Money Laundering (BSA/AML) regulations applicable to mortgage lenders deal with the detection and reporting of fraud. Among the many mortgage related scams FinCEN has identified are false statements, use of straw buyers, fraudulent flipping, flopping, and identity theft.Our general mortgage loan process is specifically designed to verify that no aspect of the mortgage transaction represents fraud for profit or property, and we have procedures in place at all stages of loan production to detect this type of activity.
4Background and Overview…. This policy is designed to supplement our current anti-fraud procedures and provide guidance on additional required reporting responsibilities. Normally, our gathering and/or underwriting and review of documentation places the highest burden of substantiation on that documentation needed to meet underwriting guidelines.With this new regulation we must now extend the same level of review to areas of inquiry that we normally do not pursue, such as examining and reporting on the nature of an applicant’s self-employment business and whether bank transactions represent potential money laundering activities.In addition, customer facing personnel, such as loan originators, processors, customer service representatives and branch personnel must actively survey customers’ behavior to ascertain whether our company has become a target for potential schemes.
5Background and Overview…. As mortgage lenders and brokers, we do not process currency transactions, so we limit the scope of our policy to the fraud detection and elements of money laundering which present themselves to our process in the course of our daily business. This generally limits us to customer verification documentation and information reported in the application process.
6AML Compliance Person Designation and Duties The company has designated Brian Dutton as its Anti-Money Laundering Program Compliance Person (AML Compliance Person), w full responsibility for the firm’s AML program.The AML Compliance Person has a working knowledge of our AML program.The AML Compliance Person will also ensure that the firm keeps and maintains all of the required AML records and will ensure that Suspicious Activity Reports (SARs) are filed with the Financial Crimes Enforcement Network (FinCEN) when appropriate.The AML Compliance Person is vested with full responsibility and authority to enforce the firm’s AML program.
7AML Compliance Person Designation and Duties…. The duties of the AML Compliance Person will include monitoring the firm’s compliance with AML obligations and overseeing communication and training for employees.All employees, as relevant to his/her employment, will actively search for suspicious activity. If any is discovered, the AML Compliance Person shall be notified immediately.A “Suspicious Activity Tracking Report” form is to be utilized. The AML Compliance Person will consult with a company officer as to whether a Suspicious Activity Report (SAR) should be filed.If deemed necessary, The AML Compliance Person and the company officer will work together to file the SAR with the appropriate legal and regulatory authorities.All supporting evidence for the SAR will be maintained for a minimum of five (5) years, and will be securely stored.
8AML Compliance Person Designation and Duties…. Filing and notification proceduresA suspicious transaction shall be reported by completing a SAR and collecting and maintaining supporting documentation.A SAR shall be filed no later than 30 calendar days after the date of the initial detection by the reporting loan or finance company of facts that may constitute a basis for filing a SARIf no suspect is identified on the date of the initial detection, a loan or finance company may delay filing a SAR for an additional 30 calendar days to identify a suspect, but in no case shall reporting be delayed more than 60 calendar days after the date of such initial detection.
9AML Compliance Person Designation and Duties…. Mandatory notification to law enforcementIn situations involving violations that require immediate attention, such as suspected terrorist financing or ongoing money laundering schemes, a loan or finance company shall immediately notify by telephone an appropriate law enforcement authority in addition to filing timely a SARThe Company shall make all supporting documentation available to FinCEN, or any Federal, State, or local law enforcement agency, or any Federal regulatory authority that examines the loan or finance company for compliance with the Bank Secrecy Act.
10Definitions Money Laundering Money laundering is generally defined as engaging in acts designed to conceal or disguise the true origins of criminally derived proceeds so that the proceeds appear to have derived from legitimate origins or constitute legitimate assets.Generally, money laundering occurs in three stages.Cash first enters the financial system at the "placement" stage, where the cash generated from criminal activities is converted into monetary instruments, such as money orders or traveler's checks, or deposited into accounts at financial institutions.
11Definitions…. Money Laundering continued At the "layering" stage, the funds are transferred or moved into other accounts or other financial institutions to further separate the money from its criminal origin.At the "integration" stage, the funds are reintroduced into the economy and used to purchase legitimate assets or to fund other criminal activities or legitimate businesses.
12Definitions…. Terrorist Financing Terrorist financing may not involve the proceeds of criminal conduct, but rather an attempt to conceal either the origin of the funds or their intended use, which could be for criminal purposes.Legitimate sources of funds are a key difference between terrorist financiers and traditional criminal organizations.In addition to charitable donations, legitimate sources include foreign government sponsors, business ownership and personal employment.
13Definitions…. Terrorist Financing continued Although the motivation differs between traditional money launderers and terrorist financiers, the actual methods used to fund terrorist operations can be the same as or similar to methods used by other criminals to launder funds.Funding for terrorist attacks does not always require large sums of money and the associated transactions may not be complex.
14Definitions…. Terrorist Financing continued Our AML policies, procedures and internal controls are designed to ensure compliance with all applicable Bank Secrecy Act (BSA) regulations and Financial Industry Regulatory Authority (FINRA) rules and will be reviewed and updated on a regular basis to ensure that appropriate policies, procedures and internal controls are in place to account for both changes in regulations and changes in our business.
15Definitions…. Residential Mortgage Lender or Originator A residential mortgage lender or originator includes:Residential mortgage lenderThe person to whom the debt arising from a residential mortgage loan is initially payable on the face of the evidence of indebtedness or,To whom the obligation is initially assigned at or immediately after settlementResidential Mortgage OriginatorA person who accepts a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan.
16Definitions…. Residential Mortgage Loans A loan that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on:A residential structure that contains one to four units, including if used as a residence, an individual condominium unit, cooperative unit, mobile home or trailerResidential real estate upon which such a structure is constructed or intended to be constructed.
17Definitions…. Compliance The Company can be examined by FinCEN or its delegates under the terms of the Bank Secrecy Act, for compliance with this section.Failure to satisfy the requirements of this section may be a violation of the Bank Secrecy ActThe Company, with this policy, is implementing an anti-money laundering program reasonably designed to prevent the Company from being used to facilitate money laundering or the financing of terrorist activities.
18Dollar Limits for Filing a Suspicious Activity Report (SAR) The following guidelines will be used in determining when to file an SARSuspicious transactions where the borrower is a suspectReport if amount equals or exceeds $5,000.Applicable to all mortgages that exceed $5,000.Known violations of the Bank Secrecy ActThe Company will file SARs for amounts less than those specified above if there is reason to believe the transaction is tied to an illegal activity.
19Confidentiality of SARs A SAR and any information that would reveal the existence of a SAR, are confidential and shall not be disclosed except as authorized by the RuleProhibition on disclosure by The Company, applies to directors, officers, employees or agentsNone shall disclose a SAR or any information that would reveal the existence of a SARAny of the listed that are subpoenaed or otherwise requested to disclose a SAR or any information that would reveal the existence of a SAR, shall decline to produce the SAR or such information, and shall notify FinCEN of any such request and the parties response.
20Rules of ConstructionProvided that no person involved in any reported suspicious transaction is notified that the transaction has been reported, the above shall not be construed as prohibiting:The disclosure by anyone in the Company, or any director, office employee, or agent of a loan or finance company of:A SAR, or any information that would reveal the existence of a SAR, to FinCEN or any Federal, State or local law enforcement agency, any Federal regulatory authority that examines the loan or finance company for compliance with the Bank Secrecy Act, or
21Rules of Construction…. Any State regulatory authority administering a State law that requires the loan or finance company to comply with the Bank Secrecy Act orOtherwise authorizes the State authority to ensure that the loan or finance company complies with the Bank Secrecy Act; or any State regulatory authority administering a State law that requires the Company to comply with the Bank Secrecy Act or otherwise authorizes the State authority to ensure that the company complies with the Bank Secrecy Act; orThe underlying facts, transactions, and documents upon which a SAR is based, including, but not limited to, disclosures to another financial institution for the preparation of a joint SAR.
22Prohibition on disclosures by government authorities A Federal, state, local, territorial, or tribal government authority shall not disclose a SAR, or any information that would reveal the existence of a SAR, except as necessary to fulfill duties consistent with Title II of the Bank Secrecy Act.For purposes of this section, official duties shall not include the disclosure of a SAR, or any information that would reveal the existence of a SAR, in response to a request for disclosure of non-public information or a request for use in a private legal proceeding.
23Limitation on Liability A loan or finance company, and any director, officer, employee, or agent that makes a voluntary disclosure of any possible violation of law or regulation to a government agency orMakes a disclosure pursuant to this section or any other authority, including a disclosure made jointly with another institution, shall be protected from liability for any such disclosure, or for failure to provide notice of such disclosure to any person identified in the disclosure.
24Reporting Requirements Reports of Suspicious TransactionsA transaction requires reporting under this section if it is conducted or attempted by, at, or through a loan or finance companyIt if involves or aggregates funds or other assets of at least $5,000, and the loan or finance company knows, suspects, or has reason to suspect that the transaction, or a pattern of transactions of which the transaction is a part:Involves funds derived from illegal activity or is intended or conducted in order to hide or disguise funds or assets derived from illegal activity as part of a plan to violate or evade any Federal law or regulation or to avoid any transaction reporting requirement under Federal law or regulation
25Reporting Requirements…. Reports of Suspicious Transactions continuedMore than one loan or finance company may have an obligation to report the same transaction under this section, and other financial institutions may have separate obligations to reports suspicious activity with respect to the same transaction pursuant to other provisions of this part.In those instances, no more than one report is required to be filed by the loan or finance company and other financial institution involved in the transaction, provided that the report filed contains all relevant facts, including:The name of each financial institution involved in the transactionThe report complies with all instructions applicable to joint filings, andEach institution maintains a copy of the report filed, along with any supporting documentation
26Reporting Requirements…. Reports of Suspicious Transactions continuedIt is important to recognize that transactions are reportable under the Rule regardless of whether they involve currency.The $5,000 minimum amount is consistent with existing SAR filing requirements for other financial institutions regulated by FinCEN.
27Record KeepingThe Company will do due diligence as a usual and customary part of their business for each transactionConduct a significant amount of due diligence on both the property securing the loan and the borrowerThis process of due diligence involves the types of inquiry and collecting the types of information that would be expected in any program to prevent money laundering and fraud and to detect and report suspicious transactions.
28Employee Training Program When a new employee is hired, the new hire is required to go through Company training regarding this policy.Any existing employees are required to attend initial training and additional training on updates to the policy as they are added.The Company will provide a Certificate of Completion of the training and that will be kept with the employees records.
29Suspicious Activities Mortgage AccountsIt is impossible to define all activity that would qualify as suspicious. The following guidelines quantify the types of suspicious activities that would be red flags, and should be reviewed.If a potential or existing customer either refuses to provide the information when requested, or appears to have intentionally provided misleading information, the employee involved will notify our AML Compliance Officer so that we can determine whether we should report the situation to FinCEN by filing a SAR.A loan does not have to close to require the reporting of suspicious activity. At any point during the transaction, if Red Flags arise that cause concern, the employee should notify the AML Compliance Officer so a determination can be made
30Suspicious Activities…. IdentificationThe Patriot Act requirements are incorporated into the Companies AML Policy by ensuring that we positively identify each borrower who makes an application with us.Disbarred Participants and Watch ListsIn addition to standard verification, for all file, we compare our customers against government watch lists, such as Limited Denials of Participation (LDP), General Services Administration Excluded Party List (GSA), Office of Foreign Assets Control (OFAC) and others, as part of our production quality control plan.OFAC is checked as part of the credit report.LDP and GSA checks are to be done for every loan file.
31Suspicious Activities…. Identification continuedAt a minimum, the Companies employees will obtain the following information from a borrower:NameDate of BirthCurrent AddressIdentification Number such as a Social Security NumberCopy of an unexpired government issued identification such as a drivers license, passport or green cardMust be a readable copy
32Suspicious Activities…. Identification continuedThe following Red Flags should be considered:A borrower uses unusual or suspicious identification documents that cannot be readily verified.A borrower provides individual tax identification number after previously using a Social Security number.A borrower uses different tax identification numbers or social security numbers with variations of his or her name.There are social security number discrepancies within the loan fileThe borrower is reluctant to provide identification when requestedAddress discrepancies within the loan file
33Suspicious Activities…. Deposit AccountDeposit histories can show a pattern of fraud and/or money laundering. The following Red Flags should be considered:A borrower’s deposit accounts show large unexplained deposits into the account that they are utilizing for the mortgage loanA borrower makes frequent or large transactions and has no record of past or present employment experience.
34Suspicious Activities…. Deposit Account continuedEarnest money:Deposit equals the entire down payment and cannot be verified as coming from borrower’s account.Source is not apparentEarnest money isn’t reflected in account withdrawalsEarnest money is from a bank or account with no relationship to the applicantName or address on earnest money check differs from the borrower
35Suspicious Activities…. Deposit Account continuedApplicant’s salary doesn’t support savings on depositApplicant does not utilize traditional banking institutionsBalances are greater than the FDIC, SIPC limitsHigh applicant assets are not diversifiedExcessive balance maintained in checking accountBank account ownership includes unknown partiesBalances verified as even dollar amountsTwo month average balance is equal to present balance
36Suspicious Activities…. Deposit Account continuedReasonableness TestAssets appear to be out of line with type of employment, applicant age, education and/or lifestyleAsset rentalCash or other assets are temporarily placed in the borrower’s account in order to qualify for the loan by use of a Payday type of loanThe borrower usually pays a “rental” fee for the temporary use of the assets.Fake down paymentUsing fictitious, forged, falsified or altered documents to mislead the lender
37Suspicious Activities…. IncomeIncome borrower stated is substantially different than income documented by a Verification of Employment (VOE), IRS tax returns or transcripts.If or when IRS tax transcripts are received the income reported on the transcripts differs from the income shown on the tax returns provided to the originator.Employer’s address shown only as a PO BoxSame telephone number for applicant and employer and application is not listed as self employed
38Suspicious Activities…. ApplicationThe completing of the application may bring concerns up regarding a borrower. The following Red Flags should be considered:A borrower’s home or business telephone is disconnected.The borrower’s background differs from what would be expected on the basis on his or her business activities.The Realtor’s or Seller’s in the file are not able to be contacted or are not readily identified.Unusual terms in the contract that are not common for the area the property is located in, or the type of financing requestedLoan type is a cash out on a recently acquired propertySignificant or contradictory changes from initial to final applicationInconsistent signatures throughout the file
39Suspicious Activities…. VerificationsVerifications are a part of the loan process where a third party provides the Company with information needed to verify in a loan file. The following Red Flags should be considered:Verification is sent to a specific person’s attentionVerifications were completed on a weekend or a holidayDocumentation includes deletions, corrections or other alterations
40Suspicious Activities…. Sales ContractThe sales contract needs to be reviewed for the following Red Flags:Non arms-length transaction: seller is real estate broker, relative, employer, etc.Seller is not currently reflected on titlePurchaser(s) deleted from or added to the contractNo real estate agent is involvedPower of attorney is usedSecond mortgage is indicated, but not disclosed at time of applicationReal estate commission is excessiveContract dated after credit documents
41Suspicious Activities…. Credit ReportA credit report is required for all mortgage loan files. The following Red Flags should be considered:Invalid Social Security number or variance from that on other documentsDuplicate Social Security number or additional user of Social Security numberRecently issued Social Security numberLength of established credit is not consistent with applicant’s ageCredit patterns are inconsistent with income and lifestyleAll trade lines are opened at the same time
42Suspicious Activities…. Credit Report continuedAuthorized user accounts have superior payment historiesSignificant differences between original and new or supplemental credit reportsAlso Known As (a/k/a) or Doing Business As (d/b/a) indicatedNumerous recent inquiriesEmployment listed different on credit than on applicationSocial security alerts
43Suspicious Activities…. AppraisalThe appraisal needs to be reviewed for the following Red Flags:Occupant shown to be tenant or unknownOwner is someone other than seller shown on sales contractPurchase price is substantially higher or lower than predominant market valueSubject property obsolescence is minimizedLarge positive adjustments made to comparable valueComparables’ sales price don’t bracket the subject’s valueComparable sales are not similar in style, size and amenityAll comparable sales located in the same subject development for new construction or condominiums
44Suspicious Activities…. Appraisal continuedComparable properties are a significant distance from the subject, or located across neighborhood boundaries (main arteries, waterways, etc.)“For Rent” sign appears in photographsPhotos appear to be taken from an awkward or unusual standpointAddress reflected in photos does not match property addressWeather conditions in photos inconsistent with average marketing time, date of appraisalAppraisal dated before sales contractSignificant appreciation in short period of timePrior sales are listed for subject and/or comparable without adequate explanation
45Suspicious Activities…. TitleThe title policy provides information about the borrower, seller (if applicable) and the property. The following Red Flags should be considered:Prepared for and/or mailed to a party other than the lenderEvidence of financial strain may indicate a compromised sale transaction (flip, foreclosure rescue, straw buyer, refinance, etc.), or might suggest undisclosed credit problems in the case of a refinanceIncome tax, judgments or similar liens recordedDelinquent property taxesNotice of default or Modification agreement recorded
46Suspicious Activities…. TitleSeller not on titleSeller owned property for short timeBuyer has pre-existing financial interest in the propertyDate and amount of existing encumbrances don’t make senseChain of title includes an interested party such as realtor or appraiserBuyer and Seller have similar names (property flips often utilize family members as straw buyers)
47Suspicious Activities…. Owner OccupancyThe occupancy status being manipulated can lead to the discovery of fraud. The following Red Flags should be considered:All TransactionsSignificant or unrealistic commute distanceOccupancy affidavits reflect applicant does not intend to occupy and loan is not for an investment propertyNew or existing homeowner’s insurance is a rental policy (declaration page)
48Suspicious Activities…. Owner Occupancy continuedPurchase TransactionsReal estate listed on application, yet applicant is renterApplicant intends to lease current residenceApplicant is downgrading from a larger or more expensive homeSales Contract is subject to an existing lease
49Suspicious Activities…. Owner Occupancy continuedRefinance TransactionsRental property listed on application is more expensive than subject propertyDifferent mailing address on applicant’s bank statements, pay advices, etc.Different address reported on credit reportAppraisal reflects vacant or tenant occupancyReverse directory does not disclose subject property address
50Suspicious Activities…. HUD-1 Settlement StatementThe following Red Flags need to be considered:Borrower or Seller names are different than sales contract and titleSales price is inconsistent with contract, loan approval and/or appraisalExcessive earnest money or builder depositEarnest money deposit is inconsistent with sales contract and/or applicationPayouts to unknown partiesRefinance pays off previously undisclosed liens
51Suspicious Activities…. HUD-1 Settlement Statement continuedExcessive sales commissionsExcessive fees and/or pointsSeller paid closing costs, especially for purchaser with sufficient assets for down paymentCash proceeds to borrower are inconsistent with final application and loan approvalFraudulent use of shell companyA business entity that typically has not physical presence, has nominal assets, and generates little or no income is a shell companyShell companies are not illegal and may be formed for legitimate purposes, but can also be used for fraud schemes
52Suspicious Activities…. A borrower having any of the items listed is not, in and of itself, a determination of a Suspicious Activity, but does give you a reason to take a closer look at the file. A file does not have close or be denied to require the filing of a SAR. If the red flags are noticed at appointments, the application, processing, or any stage of the process, they need to be reported.
53Fraud Characteristics General Fraud ItemsNo real estate agent is employedPossible Non-arms length transaction, orFictitious transactionMailing address is not the borrower’s addressThe lender is experiencing financial distressProperty was recently in foreclosure, or acquired at REO sale at a much lower sales price
54Fraud Characteristics…. Straw BuyerStraw buyers are loan applicants used by fraud perpetrators to obtain mortgages, and are used to disguise the true buyer of the true nature of the transactionFirst-time home buyer, with substantial increase in housing expenseUnrealistic commute to employmentSize of the property will not accommodate the borrower’s familyPower of attorney is being usedIncome, savings and/or credit patterns are inconsistent with applicant’s overall profile
55Fraud Characteristics…. Straw Buyer continuedExampleA couple wanted to buy a home but did not qualify because their debt ratio was too high.To help them, one of their parents applied for the loan and was approved for a 97% LTV product, and stated they would owner occupyThe couple moved into the house, but could not make the paymentsThe servicer called the “straw buyer” parent and were told by the parent that his daughter and son-in-law were supposed to be making the paymentsDespite being contractually obligated, the straw buyer refused to bring the loan currentThe lender was forced to foreclose and take a loss on the property
56Fraud Characteristics…. Air LoanAir loans typically involve straw buyers, view straw buyer characteristicsCommon payer among various loansCommon mailing address among loansUnable to independently validate chain of titleDouble SaleA double sale is the sale of one mortgage note to more than one investorTwo mortgages recorded on the same propertyMortgage is not recorded in first lien position
57Fraud Characteristics…. Double Sale continuedExampleA borrower colluded with a mortgage broker to use the borrower’s property as collateral for numerous home equity lines of credit at different financial institutionsThe scheme was executed by closing on multiple HELOC’s in a short period of time to take advantage of the delay in recording the mortgages.In addition, the mortgage broker misrepresented the borrower’s financial information in order to increase the borrower’s debt capacityThe property with less than $125,000 in equity was used to obtain over $1 million in credit from several financial institutions
58Fraud Characteristics…. Property FlippingIllegal property flipping occurs when property is purchased and resold quickly at an artificially inflated price, utilizing a fraudulently inflated appraisalFlips typically involve naïve purchasersSeller very recently acquired title, or is acquiring title concurrent with the subject transactionProperty was recently in foreclosure, or acquired at REO sale at a much lower sales priceThe appraised value is fraudulently inflatedThe appraiser frequently uses other property flips as comparablesExamining comparable properties sales historiesOwner listed on appraisal and/or title may not match the seller on the sale contractRefinance transaction utilized to payoff private short-term financing
59Fraud Characteristics…. Ponzi/Investment Club/ChunkingThe sale of properties at artificially inflated prices, pitches as investment opportunities to naïve real estate investors who are promised improbably high returns and low risksFirst-time landlordSeller offers to manage the rental propertyBorrower told the seller will make the mortgage paymentsBorrower purchased multiple property simultaneously, but did not disclose other loans in processWatch for credit inquiries
60Fraud Characteristics…. Ponzi/Investment Club/Chunking continuedExampleA borrower attends a seminar that outlined how to get rich by investing in real estate with no money downA third party, a presenter at the seminar, encouraged the borrower to invest in three real estate propertiesUnder the third parties guidance, the borrower completed the required application and provided documentation for the loansThe borrower is unaware that the third party owned numerous properties in the name of a LLC and submitted application on not just the three properties known to the borrower, but on total of 15 different properties
61Fraud Characteristics…. Ponzi/Investment Club/Chunking continuedEach application was sent to a different lender, and all were scheduled to close within a one week timeframeThe borrower attended three of the closings with a different representative of the LLC as the sellerThe third party then acted as an agent for the borrower, with power of attorney, at the other 12 closingsThe borrower ended up with 15 mortgages instead of three the borrower knew aboutLoans end up in foreclosure since borrower cannot repay the debts
62Fraud Characteristics…. Builder Bailout/Excessive Sales IncentiveBuilder/Seller pays large financial incentives to buyer, and facilitates an inflated loan amount by increasing the sales price, concealing the incentive and utilizing a fraudulently inflated appraisalTypically involves new construction, or new condo conversionBuilder’s marketing material advertises rent credit to investors, and/or payment creditHUD-1 reflects unexplained pay-outs or inflated commissionsAll comparables are from within the subject’s development and also had inflated sales prices
63Fraud Characteristics…. Builder Bailout/Excessive Sales Incentive continuedExamplesA builder convinces buyers to purchase property by offering to pay excessive incentives that are undisclosed to the lender, including down payments, no money down promotions, and/or closing cost assistanceIn an effort to attract participants, a builder promises to manage properties as rentals and absorb any negative cash flow for the first 12 to 18 months
64Fraud Characteristics…. Buy & BailThe homeowner is current on their mortgage but the value of their home has fallen below the amount owed, so they apply for a purchase money mortgage on another home.After the new property has been secured, the Buy & Bail borrower will allow the first home to go into foreclosureThe borrower will be a first time landlord renting out the current propertyThe borrower has minimal or no equity in the current propertyInability to validate lease terms with the purported tenantPurported tenant has a pre-existing relationship with the home
65Fraud Characteristics…. Buy & Bail continuedExampleA self-employed child care provider is living in a house purchase for $500,000 two years ago that is now worth approximately $350,000.Monthly payment on the ARM are $3,000, with payment rising shortly to $3,700, which the borrower cannot affordBorrower finds a home selling for $200,000 and obtains a loan on that property by falsely claiming to rent the existing propertyAfter moving into the second home, the borrower defaults on the initial mortgage loan
66Fraud Characteristics…. Foreclosure RescueForeclosure specialists promise to help the borrower avoid foreclosureThe borrower often pay for services that he/she never receives and ultimately loses their homeThe borrower was advised by foreclosure specialist to avoid contact with their servicerThe borrower has paid someone to negotiate with the servicer on their behalfBorrower receives a purchase offer which is greater than the listing priceBorrower states that they will be renting back from new owner
67Fraud Characteristics…. Foreclosure Rescue continuedThe borrower quit claimed, any portion of, title to a third party at the advice of a foreclosure specialistBorrower signature variations between the short sale contract and loan origination documentsThe borrower has recently updated their contact informationBorrower claims they do not have to pay because the mortgage is invalid (debt elimination)
68Fraud Characteristics…. Short Sale FraudThe perpetrator profits by concealing parties to the transaction and/or contingent transactions or falsifying material information including the true value of the property so the servicer cannot make an informed short sale decisionSudden default, no workout discussions, and immediate offer at short sale priceAmbiguous or conflicting reasons for defaultThe mortgage delinquency is inconsistent with the borrower’s spending, savings and other credit patterns
69Fraud Characteristics…. Short Sale Fraud continuedShort sale offer is from a related partyShort sale offering price is less than current marketCash-back at closing to the delinquent borrower, or other disbursements that have not been expressly approved by the servicer (sometimes disguised as repairs or other payouts)The buyer and real estate agent may be the same person or related parties
70Fraud Characteristics…. Unauthorized Fees and/or PayoutsAn advance fee scheme perpetrated by foreclosure rescue specialists where fees and/or payouts that were not approved by the servicer agreeing to the short sale are reflected on the Hud-1Short sale HUD-1:Has unauthorized management, consultant or short sale negotiation feesReflects excessive, unauthorized payoffs to second lien holders
71Fraud Characteristics…. Non-Arm’s Length Short SaleA fictitious purchase offer is made by the homeowner’s accomplice (straw buyer) in an attempt to fraudulently reduce the indebtedness on the property and allow the borrower to remain in their homePurchaser has previous or current ownership of the subject propertyPurchaser address matches the borrower’s addressPurchaser’s name is similar to the borrower’sPurchaser employment address matches the borrower’s employment address
72Fraud Characteristics…. Short Sale FlipsTitle Issues, Transfer to Business, LLC or TrustShort Sale LoanThe borrower is not in title to the property on the date the short sale closesShort sale HUD-1 dated after title transferred to third party, yet borrower is listed as sellerThe borrower is transferring title to a business, trust of LLC
73Fraud Characteristics…. Short Sale Flips continuedEnd Purchase LoanThe seller is not the recorded title holderThe seller on the sales contract does not match current owner on appraisal or vesting on titleThe title commitment is dated prior to the sales contract on initial loan applicationTitle commitment requires additional deeds be recorded to perfect current vested owner
74Fraud Characteristics…. Short Sale Flips continuedBait-and-Switch with Decoy HUD-1The seller is netting significant cashTitle reflects outstanding significantly higher liens than amounts to be paid on the HUD-1All liens reflected on title are not being paid on the HUD-1
75Fraud Characteristics…. Reverse Mortgage FraudThe perpetrator manipulates the senior citizen into obtaining a reverse mortgage loan and then pockets the senior victim’s reverse mortgage loan proceedsThe senior claims he/she received the house free from a special government programDistressed property is quit claimed to the senior just prior to the reverse mortgage loan applicationThere is a power of attorney on behalf of the senior
76Fraud Characteristics…. Reverse Mortgage Fraud continuedA caregiver or family member appears to be coaching the seniorThe power of attorney is held by a caregiver but the senior has relatives (children, grandchildren)The senior has no prior home ownershipFor sale signs in the yardAppraisal photos suggest the property is vacant
77Fraud Characteristics…. Reverse Mortgage Fraud continuedAppraisal uses comparable sales that are outdated or outside of the property’s neighborhoodCommunication with the loan officer is only done through the person holding power of attorneyThe senior’s credit report is inconsistent with information on the loan applicationMonthly mortgage statement are not sent to the senior’s addressThe senior borrower withdraws large amounts of cash or has unusual spending activityThe senior obtains a reverse mortgage but deposits little or no funds into his/her bank account
78Fraud Characteristics…. Reverse Mortgage Fraud continuedProceeds of the reverse mortgage are being used to satisfy a non-borrower lienPower of attorney documentation is inconsistent with physician letters and dates regarding competency of the senior borrowerThe senior claims he/she invested the loan proceeds in an annuity or other financial productThe senior takes HECM loan proceeds in a lump sum at closingFraudsters are not interested in the line of credit or annuity distribution options
79Fraud Characteristics…. Affinity FraudIn affinity fraud, perpetrators rely on a common bond and exploit the trust and friendship that typically exist in the group of individuals with a common bond to support the scheme.Certain ethnic, religious, professional or age-related groups are targetedParties to the transaction have a common bond
80Fraud Characteristics…. Affinity Fraud continuedCommon surnames for multiple parties to the transactionLarge gifts from group members as the source of down paymentThe borrower works for what appears to be a member of the groupCommon tactics include the use of straw buyers, falsified gift funds and altered employment or asset documentation
81Enhanced Due Diligence New borrowers are expected to live or work in an area that makes sense to the location of the property.Borrower’s that don’t meet the residency requirement will be asked to explain why the property location works for them.Failure to provide a sufficient explanation will be grounds for denying the loan.
82Procedures for Monitoring Compliance with this Policy A minimum of once a year, the company’s internal auditor or an independent third-party will review the company’s suspicious activity file.The auditor will ensure that all identified suspicious activity was reviewed and appropriately handled.The Company will provide additional training as needed when the policy is revised.
83Procedures for Monitoring Compliance with this Policy Annual testing of our AML program will be primarily focused on PATRIOT Act compliance matters by a qualified independent third party or internally by a qualified member of the Company’s staff.The annual testing will include an audit of our compliance with our AML program.The auditor will issue a report of the auditor's findings upon completion their audit to senior management.We will address each of the resulting recommendations.