Lenders Definition of Fraud
By Daniel Edstrom
DTC Systems, Inc.
I was reviewing the closing documents for a loan when I came across this definition of fraud from Countrywide (now allegedly owned by Bank of America):
Fraud, Misrepresentations, Falsehoods
- A fraud or scheme related to the transaction has been or may be committed.
- Any party to the transaction, including but not limited to Lender, Borrower, Seller, Real Estate Broker or Agent, Builder, Mortgage Broker, Title Insurer, Appraiser, Signing Agent or Settlement Agent, or an employee of any such party, has made a material misstatement.
- A loan document or invoice has been tampered with, falsely generated, bears any incorrect or falsified data, bears different names or addresses for the same party, or bears a fictitious name. A ficitious name does not include an assumed name field of public record.
- A party’s handwriting or signature is inconsistent on the loan documents.
- Borrower is being paid to lend credit or identity to the transaction.
Note also that Freddie Mac has the following definition of straw borrower:
A form of fraud where one person purchases property or takes out a mortgage for another to conceal the identity of the real borrower. Usually the real borrower would not qualify for the mortgage.
Does Freddie Mac or any other lender apply this same definition to straw lender? I would define straw lender as:
A form of fraud where one entity acts as the payee of a note for another to conceal the identity of the real lender. Usually the real lender would not qualify as a mortgage lender.
