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Brian Kennedy - WWW.IHMGroup.Net

Identity Theft or Just Doctored Documents?

By: Brian Kennedy
Thursday, May 10, 2007 12:41 PM

Here is an odd situation.  Weigh in with your thoughts please...

I have a deal pending that is slated to close on May 18th.
Yesterday I got a call from the mortgage broker asking if I had spoken to the client recently. (red flag)
The broker advised me that when the appraiser went to cash the check the client had written him, that bank told him that the account had been closed for some time. (red flag)
The mortgage broker then called the client's employer and was told that the client didn't work there. (red flag)
Being so close to closing, the mortgage broker was obviously shaken and demonstrated such over the telephone. He asked for my help in contacting the client. I agreed  and began the quest.
I called the contact number I have for the client in an attempt to reach him - the phone was disconnected. (red flag)
I called his fiancé in an attempt to reach her to reach him - her phone is disconnected. (red flag)
I called the fax number for the fiancés home-office (only other number I have) and let it ring until a live person answered. I spoke with the fiancé and told her I needed to hear from the client immediately. Fiancé then told me that the wedding was off and that she didn't know where client was but she suspected she would hear from him later that day.  (red flag)
Now fully invested in making contact with the client out of nothing more than curiosity, I found a number listed for the clients home address. I called and his grandmother answered.  She has not seen client in several days and does not have another number to reach him. (click) (red flag)

SO then I called the attorney handling his side of the closing.  She heard from him earlier this afternoon and read me the number from her caller ID box.  I called the number and the client answered. I asked about all the phone disconnections and where he could be reached.  He provided me with another telephone number as I was apparently calling him at work. (write that number down!)

I told the client to call the mortgage broker as he has a bum check that needs to be satisfied. Client also tells me that the check he wrote the inspector would also bounce because the bank ( blah...blah...blah).
I reiterated that closing is just under a week away and this would not be the opportune time to start a bad check campaign.

I called mortgage broker and advised him of contact with client. Mortgage broker asked me how long I had worked with client. I advised him that I had only met the client twice while doing viewings before we wrote a contract.  At our first meeting the client produced a 100% Pre-Acceptance letter from a different mortgage company and presented well and well dressed. I had to advise him that outside of that, I did not know the status of his personal affairs.

So then the mortgage broker came straight out and asked if I knew if client was presenting false documentation or was involved in an id theft scam to buy property.  I wasn't quite sure how to answer outside of offering to fax over everything I had in the file that I could so he could match it with his own paperwork. We discussed the client poor credit rating and how the client had a string of disconnected telephone numbers to his credit.

 Client  - of course - says it is all one big misunderstanding and that the bank is to blame.

Thoughts?




 

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Comments

Ronda Kaufman
Member Since '06

Ronda Kaufman said:

Run.. Don't walk. This client is sounding like he is shady and you don't want anything to do with him. If everything he says is true, then he is going to be hard pressed to get the loan to close by May 18 anyway. Good Luck and keep us informed.

May 10, 2007 12:14 PM
Howard Arnoff
Member Since '03

Howard Arnoff said:

A no doc loan would have been a better choice :)  

An unfortunate situation for the seller and everyone involved in the transaction.

May 10, 2007 2:12 PM
Todd Clark
Member Since '06

Todd Clark said:

How fast and how far can you run? Scary Scary! The girlfriend sounds like she learned and ran far herself!

Todd

May 10, 2007 2:20 PM
Mary Welch
Member Since '04

Mary Welch said:

Brian, strange situation. Doesn't look good. If its your listing I would be assuming its for sale again. Red flags have accumulated into a big banner.

May 10, 2007 2:43 PM
Cathy  Clark
Member Since '06

Cathy Clark said:

Feel bad for all involved, but even less for the mortgage broker.  I may be missing something here but....

Was the client ever pre-qual'd? Where's the mortgage broker been?  When was the P&S signed?  When, exactly, did he start working on this?  Eight days before closing and the MB is just getting around to checking his credit?  That's cutting it a little close.  Just posed this situation and these questions to a friend of mine who is also an MB and she was astonished!  I can't actually repeat what she said (very colorful) but she registered the same complaint we do...."These people are how we get a bad rep!"

I apologize if I'm misunderstanding something here, but we all need to really screen our clients and make sure they're worth our time.

Next!

May 10, 2007 3:05 PM
Gregory Bain
Member Since '03

Gregory Bain said:

Sorry you got this one, Brian. Hope something good comes out of it. BTW do you have both sides of the deal? I wouldn't want to be the one to tell the seller. Good Luck.

May 10, 2007 3:09 PM
Brian Kennedy
Member Since '07

Brian Kennedy said:

No Mary, luckily it is not my listing.

I am merely the buyers agent.

Am I wrong or isn't providing false documentation for the purposes of obtianing a loan a crime?

The MB is now calling every morning to offer assurances that he has done his due diligence and the closing schedule is intact.

May 10, 2007 3:23 PM
Brian Kennedy
Member Since '07

Brian Kennedy said:

Here is the really funning thing about the client.

He is able to produce bank statements and documentation to show he has more than six figures stored away in a number of financial institutions. The MB used all this paperwork as leverage against the bad credit score in order to get the letter generated.

Now that I think about it, I wonder if the MB is involved?

It would not be the first time a MB wrote a shady loan to generate business.....

May 10, 2007 3:30 PM
Karen Murphy
Member Since '07

Karen Murphy said:

I feel for you Brian.  My broker is in similar situation right now.  Getting close to the closing and they find the buyer has a "borrowed" ssn and is an illegal alien.   Do they have a tv show called "Deals gone Bad"

May 10, 2007 3:48 PM
Brady Pevehouse
Member Since '05

Brady Pevehouse said:

Brian,

   I suggest you contact the company from the pre-qual letter and verify they have reviewed his information. This will give you an indication if the client contacted anyone else, as we all know Pre-Qual's don't mean squat.

And make that type of contact on every pre-qual you get to verify the client has not generated it himself.

May 10, 2007 4:51 PM
Nancy Agee Tanas
Member Since '06

Nancy Agee Tanas said:

I would say cut all ties. Way too many red flag! You cannot always tell at the onset but if you get a gut feeling, follow it.

May 10, 2007 4:54 PM
Howard Arnoff
Member Since '03

Howard Arnoff said:

"The MB is now calling every morning to offer assurances that he has done his due diligence and the closing schedule is intact."

How much in excess of the listing price did the appraisal come in at and how much money is the buyer receiving at closing on the hud in order to purchase this house with no money down?

While I am not a big believer in government intervention, events like this will be reason enough for intervention.

Get away, get far away.

May 10, 2007 6:08 PM
Mipeco Realty, Inc -  Michaela Krestenic, Broker-Owner
Member Since '03

Mipeco Realty, Inc - Michaela Krestenic, Broker-Owner said:

aside from the fact that it's all strange ... I am surprised that the mortgage broker would discuss with you your client's credit and overall situation ... aren't these private matters that should be disclosed to you only with your client's approval?

May 10, 2007 6:23 PM
John  Bourassa
Member Since '03

John Bourassa said:

Brian,

Sounds like a bad script for a "B" movie.

Let us know how it ends.

John

May 10, 2007 10:12 PM
Brian Kennedy
Member Since '07

Brian Kennedy said:

Mipeco -

The mortgage company had him sign a disclosure that they could share material facts with me. Their definition of materials facts includes the credit score.

May 11, 2007 8:34 AM
Klaus Nicholson
Member Since '07

Klaus Nicholson said:

Hmmm, a lender who doesn't verify employment until a week before closing?  Your learning Brian.  Good Luck!  

May 11, 2007 10:25 AM

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