How do banks verify owner occupancy?

How do banks verify owner occupancy?

Investor · Seattle, WA · Member since 2015 · 10 posts · 4 votes

I'm curious what the experiences other investors have had when it comes to banks verifying owner occupancy.  I have a friend who said that they never checked but I'm curious if anyone has had any experience (good and bad) in finding out.  Super, super curious.    

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Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
11y

Welcome to BP Victor!

Very strange first question! 

It's not just banks that check Victor. There are initial red flags, insurance company, utilities, credit reports, tax billings, other related public filings, name/address search. 

But it's loan audits that can turn up cheaters, lying about occupancy, these are done by private compliance auditors hired by the bank, then you have regulators who audit and loan servicers.

Audits are done in the early stage of the loan, after closing. There could be several audits as loans are sold and securitized in the process. After that, loans are audited on a random basis or again if other questions arise, like that name popping up on title closing lists for other properties. 

Regulators, such as FDIC, Comptroller, CUNA, State Bank Examiners, all do audits. These government agencies have police powers at the state and federal level. As a past bank examiner for FDIC, I could tell you how cheaters are caught, but then I'd have to kill everyone on BP, that wouldn't be nice at all. LOL I guess there are "secrets" in real estate.

Maybe if you use a smart phone, it will tell you where you spend most of your time......if the feds are looking at you, they will find out. 

That's about all the public needs to know.

Now, Goggle "Bank fraud" and "Mortgagor Fraud" and read what you find. 

Lying on a mortgage application is bank fraud or depending on the lender and type of loan, mortgage fraud and can be securities fraud. 

Penalties can be up to a fine of $100,000 and/or 10 years in a federal prison. That is usually reserved for the criminal types, intentionally deceiving to obtain financing. You buy a place and move out in the 3rd month, they will most likely call your loan due. But you're also on the radar, if there is a pattern of violations, you can get the grand prize. 

Part of the fun with FDIC was investigations. I could simply go someplace and inquire about anything, look up "pretexting investigations" I might play like a customer, or act like a out of town relative, or a guy from the school board, whatever mask I thought might get me "in". I was very good at it too, BTW. If we look, we will find.

Your occupancy requirement generally falls off after 12 months, it may also be waived if circumstances beyond your control should arise. It's not as if you are chained to the property either, you can have a life but that better be your residence in the first year. 

Lastly, a borrower will never know when or if they are audited, they also won't be notified until it is completed. At that point the evidence will be had. So, folks here can't really tell you much, unless they are willing to admit being caught. You might also just get lucky, just keep in mind the penalties and ask yourself if it's worth it. 

Your question was much like asking a cop where he likes to sit to catch speeders, pretty obvious. Good luck :)    

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  • Greg H.Pro Member
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    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    8y
    Originally posted by @Sam Shueh:

    Tax records. Lenders order inspection for almost 100% borrower and so is insurance company doing inspection. Some insurance even go to property backyard taking photos. 

    There is no excuse not know that they are constantly looking for a trend. Go read your mail from insurers and lenders. They tell you in the next 30 days someone will stop by un-announced and do not look ignorant.  You did not NOT read your mail. Neither you did not get last 20 certified letters and package from lenders before home gets foreclosed. 

    BTW: Occupants think they own their home. Your lenders think otherwise.   

     100% ?  More like .000001%.  Lenders are looking to make a profit. Each letter they send or inspection order cost them money. The lender is often rarely the servicer of the the loan. The mortgage servicer is also out to make a profit on the service that they compete and bid on with other mortgage servicers .

    There are literally only a handful of notes called due or prosecutions each year that it is statistically insignificant. 

    In reality the only "policing" of the owner occupant requirements are with the difficulty in getting a second owner occupant loan unless you meet the criteria to obtain a second owner occupant loan at one time

  • Real Estate Agent · Cupertino, CA · Member since 2016 · 4k+ posts · 1k+ votes
    8y

    @Greg H.

    I wish I was more explicit. Since 2017, everyday our team or other local team receives many orders for exterior and occupancy inspections. I would say our team turned down 150 orders last month. Initially, I thought just those late or in default that turned out be false.  The other day I got a letter from my own insurance company since the insurance for owner and non-owner premium is not the same. It says they are doing an annual inspection again to inspect rental property back yard as well. If untidy not corrected they cancel the insurance. 

  • Member since 2018 · 3 posts · 0 votes
    8y

    Hey everyone. I came across this thread and need some help. I have a client looking for my advice but I haven’t come across this specific situation before. 

    A newly married couple (both first time buyers) went into contract on a house as a primary home but wanted some major upgrades (House is totally fine but they had big plans for their dream home). Contractor came back and the price is much more than anticipated. They still want the house and plan to live there but need more time to come up with the money for the renovations. 

    They brought up the idea of renting it while saving money for a year to do the renovations they want. 

    I know they don’t have another 10-15% to put down as a rental property or they would just pay for the renovations now. 

    Any thoughts on this? Again, they are first time home buyers, not looking to scam anyone and will occupy the house eventually but I do know they have to sign something saying they will live in it for a year, which will more than likely not be the case. 

    They want my advice and I came across this string hoping to get advice for others in the industry since I haven’t personally dealt with this before. 

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 30 posts · 9 votes
    7y

    If I buy a property and live there for 5 years (loan borrowed non-fha and conventional lower rate for self-occupied) and later move to a larger property and rent out the current one, do I need to inform the bank and ask them to increase the rate of interest to investor loan rate?

  • Real Estate Agent · Garden City, NY · Member since 2016 · 3k+ posts · 1k+ votes
    7y
    @Santhi Mani No
  • Rental Property Investor · Scottsdale, AZ · Member since 2017 · 58 posts · 15 votes
    7y

    It's not worth mortgage fraud for a 1/2 point in rate. Banks always look for mailing address being the same as the place your financing, do you work close to the home, are the utilities in your name, do you get all your mail there etc.

    You can have it as a second home or like other people said you can have a 4 plex and rent out the other 3.

  • Hoboken, NJ · Member since 2018 · 4 posts · 1 vote
    3y

    I want to see if the former president goes to jail for fraud. No wonder the public trust in institutions dips to all time low. Rules only apply to common folks but not big shots. 

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