Occupancy and mortgage Fraud. I am a plaintiff in civil litigation with a defendant. They committed fraud and stole money in a

Asked 9 months ago - Los Angeles, CA

real estate transaction. While doing research, and incidentally, I discovered that their rental property has numerous mortgages pulled on it, one year after the next including cash out and HELOC's. Nothing wrong on the face of it, but all of the loans are owner occupied financing (I pulled the imaged deeds of trust from title). They pay the payments on time, or so I believe, but the fact remains that all of the loans were financed under the guise of owner occupancy attestation to the lender, all while the borrower lived at another home and rented out the subject property. This is occupancy and loan fraud, is it not? Do i file a police report or send it to the FBI regional office?

Attorney answers (3)

  1. Alan Daniel Hall

    Contributor Level 14

    3

    Lawyers agree

    Answered . Neither. Send it to the lender.

    Nothing herein is intended to create an attorney client relationship and the response is intended to provide... more
  2. Pardis Patrick Ashouri

    Contributor Level 17

    1

    Lawyer agrees

    Answered . If related to instant litigation you use evidence to impeach or discredit witness or testimony depending on issue and strategy. If not the subject matter I the instant litigation then depending on the facts you need o consult with litigation / real estate attorney to review each instant specifically including chain if title.

    What if at the time mortgage applied for the borrower intended to Use as primary and later changed circumstance caused the borrower to rent out. So facts needs to be investigated.

    Beat of luck.

    In addition to AVVO's disclaimer, please note that by this answer no attorney client relationship is intended mor... more
  3. Athina Karamanlis Powers

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Everything u say can substantiate criminal acts and violations of federal laws.
    Gathering of strong evidence , not just suspicions are the prime element that prompts agencies to investigate. Those investigations take time except if you hire private fraud investigators and attorneys to assist u.

    Disclaimer:Attorney and Fraud Examiner.One of few that are Certified Fraud Examiners (CFE). The information... more

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