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Mortgage Fraud

What is Mortgage Fraud?

Mortgage fraud is committed if a person intentionally or knowingly makes a materially false or misleading written statement to obtain a mortgage loan. Examples of criminal mortgage fraud includes, but is not limited to, illegally inflating property appraisals; concealing a second mortgage from a primary lender; and concealing or stealing a borrower’s identity.

The Residential Mortgage Fraud Task Force limits the definition of mortgage fraud to permanent financing of 1-4 single family residences, and excludes interim construction loans.

Requires the Notice of Penalties for Making False or Misleading Written Statement to be signed at closing and creates the Residential Mortgage Fraud Task Force.

Reporting Mortgage Fraud

Pursuant to Government Code §402.031 (b), any financial institution or person that makes a voluntary report of any possible violation of law or regulation to an authorized governmental agency shall not be liable to any person under law or regulation of the state or United States for such report. You may not notify any entity or person involved in the fraudulent activity that the activity has been reported. 

You may report mortgage fraud by:

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