The Financial Crimes Enforcement Network (FinCen)
issued an advisory aimed at helping residential mortgage loan originators
(RMLO) and non-bank mortgage lenders identify suspicious activity related to
potential mortgage fraud and submit suspicious activity reports (SAR.) The advisory outlines the most common types
of mortgage fraud schemes and the potential "red flags" for which lenders
should look.
The advisory was announced
by FinCEN
Director James H. Freis, Jr. today at the American Association of Residential
Mortgage Regulators' (AARMR's) annual conference. He also discussed FinCEN's new anti-money laundering
(AML) requirements for RMLOs which, along with a rule requiring the filing of
SARs went into effect last Monday.
The advisory defines nine types of
mortgage fraud including income, occupancy, appraisal, liability, and
employment fraud. It also warns lenders
about debt elimination schemes, foreclosure rescue scams, identity theft and
schemes involving Home Equity Conversion or reverse mortgages. The advisory also lists several dozen tips
regarding behavior, documents, or other indications of possible suspicious
activity such a young buyer purchasing in a senior development, identical
documents submitted from the same source for multiple loan applications, or addresses
that indicate the borrower does not reside in the mortgage property.
If an institution suspects that someone
is attempted to conduct a transaction that may be fraudulent in nature or, under
the new money laundering regulations, if a financial institution knows or has
reason to believe that a transaction made or attempted through its offices
involves funds or are an attempt to disguise funds derived from illegal
activity or lacks a business or apparent lawful purpose then the institution
may be required to file a SAR. The
advisory provides detailed information on filing these documents and the
information which is required to be included.
FinCEN has been working to provide
information to both regulators and RMLOs about the new regulations. Among its initiatives is a web page with
links to a variety of publications to assist them with compliance and a Webinar
for RMLOs. The agency is also working
with its regulatory partners to develop an examination manual, which will
ensure consistent compliance examination procedures and is conducting public
outreach at numerous industry events to assist RMLOs with understanding their
compliance obligations.
Freis said FinCEN is "looking forward to
working with the mortgage company and mortgage broker community, as well as our
regulatory and law enforcement partners, to protect this sector of the
financial system from illicit actors, and these financial institutions and
their customers from fraud and financial loss.
This step closes a regulatory gap and will augment the information
available to law enforcement about suspicious activity in this sector."