What is meant by occupancy fraud?
Occupancy fraud occurs when a borrower lies about a property as their main residence to obtain more favorable loan terms.
How can you tell if someone has committed occupancy fraud? Lenders may encounter this type of deceit if some documents show inconsistencies during property inspections or through third-party reports.
Is it a serious offense? Yes. It carries severe penalties for individuals convicted of this crime and significant financial ramifications, including, but not limited to, loan acceleration, fines, and potential imprisonment upon prosecution.
How do they investigate and verify such cases? To investigate these fraudulent acts. Lenders may hire an investigator or confirm whether there is actual living activity on the premises through utility bills, tax records, or even random visits.
What are the repercussions if caught engaging in activities that constitute occupancy fraud?
Suppose the lender detects activities amounting to occupancy fraud. In that case, it may opt for one of three actions. Either sue for breach of contract or declare default on the mortgage, which would eventually lead to foreclosure proceedings against the owner-occupier and any other parties involved, such as real estate agents who were aware but failed to report it accordingly.
Who can conduct investigations into cases related to occupation misrepresentation?
Lenders themselves can do investigations. Insurance companies are dealing with property coverage against risks caused by fire outbreaks at homes where owners claim insurance benefits when no one resides there full time except during weekends. Thus making them vacant most of the weekdays and prone to arson attacks. Federal agencies like the FBI, among others, also have powers vested under the law(s) enacted by parliament, giving them authority to investigate matters bordering on misappropriation or misuse of public funds, especially those allocated towards the provision of affordable housing.