When buying a home in today’s market, you MUST be concerned about MORTGAGE FRAUD. Not only the FRAUD FOR PROFIT that many have experienced, but the FRAUD FOR HOUSING. Yes, if you lie, or are encouraged to lie in the mortgage application, that is FRAUD. It is both a Federal and Arizona FELONY. Your buyer’s agent should help you avoid potential financial losses and criminal prosecution.

This post is inspired by 2 others on this forum. Lenn Harley’s MORTGAGE FRAUD THRIVES – THE PLAYERS ARE THE SAME and Broker Bryant’s You want my buyer to do what?

Both of these posts touch on the Buyer’s agent responsibility in the procurement of a home loan. I am just adding some of my thoughts to theirs.

Many problems in today’s real estate market have been caused by FRAUD! Often guided by the lending officer, who feels pressured to make the deal at any cost. Since most states do not require the lending officer to have a fiduciary responsibility to the lender, fraud may easily occur.

Buyer’s agents DO have a fiduciary responsibility to the buyer. It is their highest duty when representing the buyer. Why don’t they stop the fraud? Here are a few reasons.

1. Accepting a buyer provided lender. Sorry folks, this is my biggest fear. Many, if not most lenders don’t play well with real estate agents. They do not keep us in the loop, and often won’t provide us with the information necessary to protect and counsel the buyer. Make sure your lender will talk to your agent, or be prepared to accept the consequences.
2. Many agents don’t understand mortgage rules and procedures. I will bet most agents have never seen a buyer’s Good Faith Estimate. If your agent doesn’t know what is on this document, there is no way to help the buyer understand the loan they are getting.
3. In my state, most buyer’s agents do not attend closings. I have never seen a loan originator at a closing. It is at the closing, or a few days earlier, that you get to look at the Note. The Note defines all of the terms and conditions of the loan. Anything said or written prior to the signed note are null.
4. Many agents were "trained" to let the "mortgage professional" do the job without interference. This has often been justified as "preserving a buyer’s privacy". It is imperative the buyer’s agent be involved.

These are just a few of the things a buyer’s agent should do to protect their buyer, and make the real estate purchase a good one.