A big issue in Arizona right now is mortgage fraud. Over the past few years, the Phoenix area has seen a fairly large amount of appreciation in home values. Even while the rest of the country is posting record drops in home values, its seems Phoenix keeps truckin' along. Unfortunately, this rapid appreciation leaves a market ripe for fraud. Savvy (if you can call them that) investors, with ties to mortgage and appraisal institutions, have taken full advantage.
Though there are many different types of mortgage fraud, one type specifically has seeped far into the crevices of our market. Here is how it works: Mr. Buyer will write a contract on a home that reflects an inflated value. In the contract, Mr. Buyer will ask that Mr. Seller credit him back a certain amount of money (often the difference between the real and inflated value) at the close of escrow. Mr. Seller often agrees, since despite the credit back, he will be receiving all the money he wants from the sale of his home. With the help of a "friendly" appraiser and lender, Mr. Buyer will have the home appraised for the inflated value and the loan approved. Mr. Buyer then defaults on the loan, and with the cash in his pocket, leaves the lending institution to deal with the sale of the home.
I want to caution all buyers and sellers out there of the dangers of being involved with this type of fraud. Despite the legal implications (which are extremely stiff), it can destroy an otherwise thriving market. It hurts our lending institutions, neighbors in the area, otherwise qualified buyers and the general public as well.
If you are selling a home right now, please be very weary of this type of fraud. Look for tell-tale language in contracts like "credit-backs". Though some types of credit-backs are perfectly legal, be sure that the buyer's lending institution and the title or escrow company are fully aware of any money going back to a buyer. If you feel at all hesitant about a deal, talk with either your Realtor or the authorities and take appropriate action immediately.