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Not If, But When For Real Estate Fraud

The hottest new scheme is seller impersonation fraud

Real estate fraud
Insider
National Mortgage Professional Contributing Writer

Texas escrow agent Cathy Clamp thought she’d come across a “new sort of fraud” this summer when she received a contract from a local real estate agent for four vacant lots “for lots of cash,” even though they were not listed for sale.

As Clamp tells the story, the buyer had called on another property, but it was already under contract. So the realty agent directed him to the four sites that might be “listing soon.” He offered more than the seller wanted, sight unseen, and the seller accepted right away, The contract was for all cash.

Anybody’s antennae wiggling yet? Clamp’s were.

The buyer, who was from New York, wanted a rush closing. The title was clear, the seller was local and known to Clamp’s company, Heart of Texas Title in Brady, and there were no issues. She moved ahead, forwarding the title commitment by e-mail. The only document needing notarization was a marital status affidavit.

Getting Weird

Then, the buyer notified the title company he was out of the country and said he would have to sign electronically. He was told he would have to sign at an embassy or arrange for a remote online notary. He agreed to go to an embassy but wouldn’t tell Clamp where he was.

“That’s when things started to get weird,” she says.

The buyer sent a cashier’s check in a plain envelope with no return address in an amount twice the contract price for the lots. The check was drawn on a bank in Ohio two days after he supposedly was in the other country and was mailed from a city in Georgia four days after he was out of the country.

By now, Clamp was beginning to feel really uneasy. She wrote back, saying there must be some mistake in the amount and suggesting it may be better to wait until the buyer returned to the States to close because the difference could not be refunded nor held as excess funds to be used in future transactions. The buyer wrote back: “I won’t be back for some time. Thank you. I will let you know.”

At that point, Heart of Texas declined to underwrite the title. After notifying the realty agent, the seller canceled the deal. And the buyer later emailed to say the check had been canceled and to destroy it.

Clamp doesn’t know whether her firm had just avoided being a victim of fraud or not. But her advice is to “be careful when things seem odd … If something feels off, it probably is.”

‘Alarming Highs’

As it turns out, things are feeling off a lot lately. FundingShield reported that wire and title fraud persisted “at alarming highs” in the second quarter when half the loans the Newport Beach, Calif., fraud prevention outfit looked at had at least one risk factor.

“It’s evident that the risk of fraud has gone up despite stagnant or declining volumes compared to 2022,” the company said, noting that $68 billion in mortgages had issues. On average, problematic loans had nearly two issues per mortgage.

(FundingShield also found an all-time high for fraud indicators for agent licensing, with more loan agents failing to keep their sheepskins in active status. But that’s a story for another time.)

Cathy Clamp, Escrow Agent, Heart of Texas Title

Even more startling is the second quarter summary from CertifID, which reported a five-fold increase in mortgage payoff fraud attempts between the first and second quarters. The Grand Rapids, Mich., company predicted losses would accelerate in the third quarter, and Marketing Vice President Claudia Lee told me just before deadline for this story that “we are continuing to see elevated levels of payoff fraud attempts.”

Wire fraud, a sub-category of business email compromise, represents one of the most financially damaging fraud schemes and has become a major focus of the FBI Internet Crime Complaint Center “due to its prevalence in the United States and the effect it can have on the individual victims.”

A New Ruse

Clamp, the Texas title pro, probably ran into a good old-fashioned attempt at money laundering through real estate. But the hottest new scheme is seller impersonation fraud. Nearly three out of four real estate firms have seen an increase in the ruse since the start of the year, CertifID reports.

“Scammers continue to advance the social engineering and fake ID tactics to divert funds,” says the fraud detection and protection company’s co-founder, Thomas Cronkright. “Seller impersonation fraud started with vacant land and is now morphing into entity-held properties that have higher price tags and larger payouts for fraud syndicates.”

(Fraud has even infected the commercial property field, reports Leonard Prescott, division counsel at First American, who led a session at the recent American Land Title Association’s convention on fraud trends in the commercial sector where he went over the latest statistics, specific events, and the most common rip-offs. “Wire and title fraud have reached an alarming high,” he said.)

Vacant property “was the just the low-hanging fruit,” says Cronkright, who also owns Sun Title in Grand Rapids. Originally, the bad guys were looking for the quick profits in the five-figure range. But now the deception has been “perfected” by scammers working together on what appears to be a nationally coordinated effort.

“The potential to harvest large sums of money has attracted the resources of organized crime syndicates,” the title executive reports. “They’re increasingly emboldened and they are targeting higher value properties.”

As Cronkright sees it, “It’s not a matter of if your transactions will be targeted, but when.”

How The Dodge Works

Here’s how the dodge works: The scammer searches the public records to find mortgage and lien-free properties, then uses the information he finds to pose as the owner. He then uses an online search to find a local real estate agent, one with whom he has no previous relationship. He wants to list the property for far below what it’s worth on the open market and states his preference for an all-cash deal to avoid detection. He quickly accepts an offer without negotiations and requests a remote notary of his choosing.

The real owners of the property aren’t the only ones being scammed here. So are the legitimate buyers who stand to lose their down payments if financing the deal or every dime if they are paying with cash. Fortunately, there are several ways realty and mortgage professionals can protect them and themselves.

One, of course, is for everyone in the home-owning, buying, and selling arena to be far more vigilant — and cautious.

Owners can best protect their rights by signing up for free property monitoring services offered by their county’s recorders office. That way, says Diane Tomb, CEO at the American Land Title Association, they will be alerted of any skullduggery in advance.

The hair on real estate agents’ necks should stand at attention if the buyer has no interest in seeing the property in person. “Buying a house sight unseen leaves buyers vulnerable to seller impersonators,” reminds Tomb. “Only the real property owner can offer access to the home — a testament to the legitimacy of their ownership.”

Catch The Thieves

Buyers, meanwhile, should purchase title insurance. “The most important thing a prospective buyer can do to protect themselves is to purchase a homeowner’s policy of title insurance, which often includes additional fraud protection,” Tomb offers. “Title professionals have several tools and skills at their disposal to help verify a seller’s identity, thus protecting the buyer from falling victim to seller impersonation fraud.”

Title companies and lenders can protect themselves by subscribing to the products offered by companies like FundingShield and CertifID, which offer various programs to catch the thieves. And they seem to be pretty successful.

With CertifID’s PayoffProtect product, for example, real estate firms and title agencies can validate the authenticity of wire instructions to help ensure that payments are secure. The company says it has delivered verification success in 96.5% of all the transactions it has processed since its launch a year ago.

Not to tout the company, but its software evaluates more than 150 markers for fraud risk, and provides up to $1 million of insurance in added protection for every transaction it verifies.

Your Fraud Fight

A third way is to pay better attention — much better attention — to rooting out fraud yourself. CertifID suggests these steps:

  • Real estate agents should treat every client, especially those selling vacant or unencumbered property, with caution, particularly if they are unknown to you.
  • Lenders and title firms should ask the realty agent about the source of his client, and verify that they’ve met or at least had a video phone call.
  • Lenders and title agents should contact the seller directly to begin their processes. In addition to their normal procedures, they should request a color copy of their government identification, the original title commitment for the property or the closing documents for when they purchased it, and the seller’s most recent tax payment receipt.

Beware These Wire Fraud Myths

Real estate fraud is persistent and cannot be fought alone, warns Thomas Cronkright, co-founder of the fraud detection and prevention company CeritID. “Today it’s sellers impersonation, tomorrow it (may be) payoff fraud involving lender impersonation.”

The way to stop it is to make it too difficult or expensive for scammers. And that, Cronkright says, means investing in “fraud prevention across your people, process and technology so that when the fraud attempts come at you — and they will continue to come — they have less chance of finding an entry point.”

CertiID lists five wire fraud myths that can leave you vulnerable to attack:

  • We use encrypted e-mail — An important step, indeed, but the security chain is only as good as its weakest link. If another party to the transaction does not use encrypted e-mail, your communications are vulnerable to interception or manipulation.
  • We only send secure fax wire instructions — Faxing is not as protected as most people believe. Some services, especially free ones, are sent with no cryptographic protections. Also, with faxing, you cannot verify who’s on the other end of the line.
  • We use certified checks — So far, so good. But fraudsters sometimes impersonate notaries in hopes of intercepting checks.
  • We work only with familiar real estate professionals — In this case, familiarity does not breed contempt. Instead, it has its advantages. But as a security method, it is a risky proposition. Mistakes can end up in the wrong hands, and new threats can quickly outpace the ability of your partners to detect and handle them.
  • We are considering new payment options — New technologies have their benefits, but adopting them too soon before the potential risks are known can leave you exposed. Real-time payments, for example, don’t verify the identity or account details of the recipient.
This article was originally published in the NMP Magazine December 2023 issue.
About the author
Insider
National Mortgage Professional Contributing Writer
Lew Sichelman has been covering the housing and mortgage sectors for 52 years. His syndicated column appears in major newspapers throughout the country. He also has been the real estate editor at two major Washington, D.C.,…
Published on
Dec 01, 2023
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