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How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

Ah, the “Big Beautiful Bill”—sounds like something out of a fairy tale, doesn’t it? But this recent tax mega-bill, passed just last week, is very real and packs a punch for home buyers in high-tax havens like Massachusetts and New Hampshire. Let’s break it down, shall we? No crystal balls here, just solid impacts on your next closing adventure.

First off, the bill cranks up the State and Local Tax (SALT) deduction cap from $10,000 to a whopping $40,000. In states like MA and NH, where property taxes can feel like a dragon hoarding gold, this means buyers can shield more of those taxes from Uncle Sam. For instance, homeowners could save thousands annually, making that dream house a tad more affordable without stretching the budget to fairy-tale proportions

Then there’s the expanded mortgage interest deduction, allowing folks to deduct interest on larger loans. This tweak benefits high-end buyers and real estate pros by trimming the effective cost of borrowing, especially in pricey markets like Boston or the Seacoast.

For Granite Staters in NH, where property taxes reign supreme, that SALT boost is like finding an extra room in your new home—pure relief for middle-income families.

In MA, with its blend of high property and income taxes, the changes could mean an average tax cut, helping first-timers edge into the market

Now, here’s where a trusty real estate lawyer like us at The Law Office of David R. Rocheford, Jr., P.C. swoops in like a knight in shining armor. Navigating these tax twists during closings? We’ve got you covered with expert title exams, escrow magic, and settlement services tailored to MA and Southern NH. We ensure your deals stay compliant, safe, and legally sound—keeping surprises at bay so you can focus on the happily ever after.

Curious how this bill plays into your next transaction?

Give The Law Office of David R. Rocheford, Jr., P.C. a shout today. Let’s make your closings as big and beautiful as the bill itself!

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Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

From Our Clients

“I would highly recommend David as a closing attorney. I have known David and have been using his office for many years. David’s professionalism when dealing with me, my closing department and most especially my clients has been always exemplary.”
DAVID BREMER

SENIOR LOAN OFFICER, SHAMROCK FINANCIAL SERVICES

“The Law Office of Attorney David R. Rocheford, Jr. is by far the most exceptional real estate law office that I have had the pleasure of working with. The professionalism is by far second to none.”
JACQUI KEOGH

SENIOR LOAN OFFICER, SALEM FIVE MORTGAGE SERVICES

“Attorney David Rocheford has provided settlement and title services for me and Greenpark Mortgage several years. He has assisted all of my clients, including my family and friends with mortgage closings. Always providing excellent service. Reliable and trustworthy!”
SANDRA MALDONADO

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When you’re buying a home, there’s no shortage of decisions to make—fixed or adjustable rate? Move-in ready or fixer-upper? But here’s one question you might not have considered: Should you use the attorney your lender recommends for your closing? In Massachusetts and...

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How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

Ah, the "Big Beautiful Bill"—sounds like something out of a fairy tale, doesn't it? But this recent tax mega-bill, passed just last week, is very real and packs a punch for home buyers in high-tax havens like Massachusetts and New Hampshire. Let's break it down, shall...

Federal Eyes on Real Estate: A 4-Part Insider’s Guide for Buyers and Sellers

Federal Eyes on Real Estate: A 4-Part Insider’s Guide for Buyers and Sellers

Federal Eyes on Real Estate:

A 4-Part Insider’s Guide for Buyers and Sellers

We are pulling back the curtain on how — and why — federal agencies like FinCEN, the FBI, Homeland Security, IRS-Criminal Investigations (IRS-CI), and CFIUS monitor real estate transactions in the U.S.

Whether you’re buying with cash, investing from abroad, transferring property to a family member, or just trying to close without a headache, you’ll want to know what can trigger federal scrutiny — and how to stay off the radar.

From flagged wire transfers and shell companies to gift-of-equity sales and land near military zones, this isn’t your average title-and-keys situation.

It’s real estate with a side of national security, tax enforcement, and financial crime prevention.

4-Part Series

PART 1

Is Big Brother Watching Your Home Sale?

fbi office

What Buyers and Sellers Should Know About Federal Oversight

You’re Not Paranoid — They Might Actually Be Watching
What you didn’t know on how federal agencies keep tabs on select real estate transactions.

PART 2

Your Closing Packet Could Be a Federal File

homeland security paperwork

How Your Paper Trail Might Raise Red Flags — And What You Can Do About It

What the FBI, IRS, and Homeland Security
Could See in Your Closing Docs
We’re unpacking what agencies might spot inside your deal’s fine print.

PART 3

Caught in the Crosshairs? What Triggers Federal Interest in Your Home Sale

cross hairs

The Top Red Flags That Could Invite a Closer Look from Washington

Cash, LLCs, or Land Near a Base? You Might Just Be a Target
The warning signs that put your deal on the government’s radar — and how to stay clear.

PART 4

Follow the Money: How the IRS Tracks Financial Crimes Through Real Estate

""

From Unreported Income to Shell Game Schemes
— What IRS-CI Is Looking For

Your Closing Could Be an Audit Trigger — Here’s How the IRS Sees It
Explore the patterns, documents, and loopholes that turn ordinary deals into criminal cases.

Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

From Our Clients

“As a realtor, the Rocheford team went above and beyond to make sure my client was not only protected from a legal standpoint but also operated in a timely manner to execute the sale of my client’s dream home.

Thank you for the great experience for myself and my client! Looking forward to our next deal together!”

Viktor Ryan

Realtor®

“I don’t usually use attorneys that often. But if an attorney is needed, I couldn’t recommend this law office enough. I always pride myself on responding quickly to emails and calls, but I was in awe of how fast paralegal Robert Heckman would respond to us. We sold our house a couple months ago and then did a two-part land swap with neighbors and my folks, and both transactions were seamless, including coming in to sign paperwork.

In short, if you need a law office that is responsive and attentive to detail, definitely consider them!”

John P.

Leominster, MA

“Excellent, conscientious and professional.

The communication throughout our Real Estate transaction was better than expected. We thought the fee to be very reasonable considering the work accomplished on our behalf. The law office handled the entire closing without us having to be in attendance….as we requested. I have had experience with very competent lawyers and law firms as the result of my previous profession. I would place this law office right up there among the best in their real estate field of expertise and surprisingly at very reasonable and affordable rates/fees.”

Tom M.

Buzzards Bay, MA

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When you’re buying a home, there’s no shortage of decisions to make—fixed or adjustable rate? Move-in ready or fixer-upper? But here’s one question you might not have considered: Should you use the attorney your lender recommends for your closing? In Massachusetts and...

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How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

Ah, the "Big Beautiful Bill"—sounds like something out of a fairy tale, doesn't it? But this recent tax mega-bill, passed just last week, is very real and packs a punch for home buyers in high-tax havens like Massachusetts and New Hampshire. Let's break it down, shall...

Follow the Money: How the IRS Tracks Financial Crimes Through Real Estate

Follow the Money: How the IRS Tracks Financial Crimes Through Real Estate

Follow the Money:

How the IRS Tracks Financial Crimes Through Real Estate

From Unreported Income to Shell Game Schemes — What IRS-CI Is Looking For

Your Closing Could Be an Audit Trigger — Here’s How the IRS Sees It

When most people think of the IRS, they imagine audits and paperwork — not criminal agents working alongside the FBI and Homeland Security. But the IRS-Criminal Investigation Division (IRS-CI) is a powerful enforcement arm of the federal government, and real estate is one of its favorite trails to follow.

From luxury home purchases with unexplained funds to “gifted” equity that isn’t reported properly, the IRS-CI routinely uncovers criminal tax activity by analyzing real estate transactions. If you think your closing statement is just a formality — think again.

Real Estate as a Laundering Tool: Clean Property, Dirty Money

One of the most common IRS-CI cases involves individuals or entities using real estate to hide the source of illicit income.

Common Red Flags:

  • Homes purchased with cash not supported by reported income
  • Funds layered through multiple entities or relatives
  • Repetitive buying and selling at inflated or deflated prices

Learn how IRS-CI tracks financial crimes through real estate

“Gift of Equity” Deals with Missing Paper Trails

It’s common in family-to-family sales to offer a discount — a “gift of equity.” But when these transfers aren’t properly documented, they can flag problems on both income tax and gift tax returns.

Triggers Scrutiny When:

  • No gift letter is included in the mortgage or closing file
  • Gift exceeds the annual IRS gift exemption and is not reported via Form 709
  • Property is sold well below market value without explanation

IRS explanation of gift tax rules: When does a gift of equity trigger tax obligations?

Structuring or Smurfing Through Real Estate

IRS-CI also tracks “structuring,” also known as smurfing — where large sums of cash are broken into smaller amounts to avoid bank reporting thresholds.

How it Appears in Real Estate:

  • Multiple down payments from different accounts or people
  • Several transfers under $10,000 leading up to a purchase
  • Sudden influx of funds from unrelated sources close to closing

These patterns are especially suspicious in all-cash or entity-based purchases.

Shell Companies and Fake Deductions

If the property is being purchased or sold through an LLC or trust, the IRS wants to know who actually controls the asset — especially when tax deductions or depreciation are claimed.

Triggers Scrutiny When:

  • Owner hides behind multiple corporate layers
  • Rental property expenses are exaggerated or fabricated
  • Pass-through income isn’t declared properly

FinCEN’s Corporate Transparency Act ties directly into this enforcement
Review new rules on beneficial ownership disclosure

What This Means for Buyers, Sellers, and Agents

Whether you’re transferring a condo to your niece or selling a vacation home at a discount, the IRS-CI may see more than you expect. And in complex deals — especially those involving cash, gifts, or multiple parties — you could easily trigger review without realizing it.

IRS-CI agents don’t conduct routine audits — they build criminal cases. Your best protection is documentation, legal accuracy, and transparency.

Don’t Let a Paper Mistake Become a Tax Investigation

At The Law Office of David R. Rocheford, Jr., P.C., we guide every transaction with tax compliance in mind. Whether you’re transferring property to family, buying with equity, or structuring a trust sale — we help you stay within IRS guidelines and out of trouble.

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Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

From Our Clients

“I would highly recommend David as a closing attorney. I have known David and have been using his office for many years. David’s professionalism when dealing with me, my closing department and most especially my clients has been always exemplary.”
DAVID BREMER

SENIOR LOAN OFFICER, SHAMROCK FINANCIAL SERVICES

“The Law Office of Attorney David R. Rocheford, Jr. is by far the most exceptional real estate law office that I have had the pleasure of working with. The professionalism is by far second to none.”
JACQUI KEOGH

SENIOR LOAN OFFICER, SALEM FIVE MORTGAGE SERVICES

“Attorney David Rocheford has provided settlement and title services for me and Greenpark Mortgage several years. He has assisted all of my clients, including my family and friends with mortgage closings. Always providing excellent service. Reliable and trustworthy!”
SANDRA MALDONADO

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How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

Ah, the "Big Beautiful Bill"—sounds like something out of a fairy tale, doesn't it? But this recent tax mega-bill, passed just last week, is very real and packs a punch for home buyers in high-tax havens like Massachusetts and New Hampshire. Let's break it down, shall...

Caught in the Crosshairs? What Triggers Federal Interest in Your Home Sale

Caught in the Crosshairs? What Triggers Federal Interest in Your Home Sale

Caught in the Crosshairs?

What Triggers Federal Interest in Your Home Sale

The Top Red Flags That Could Invite a Closer Look from Washington

Cash, LLCs, or Land Near a Base? You Might Just Be a Target

In today’s security-conscious environment, real estate deals aren’t just between buyers and sellers — they’re being watched, analyzed, and sometimes flagged by federal agencies. And while the average home transaction flies under the radar, certain combinations of factors can put your deal squarely in the government’s crosshairs.

This post outlines the most common red flags that trigger federal interest — not because you’ve done something wrong, but because your transaction fits a high-risk profile.

All-Cash Purchases Over Federal Thresholds

All-cash deals aren’t inherently suspicious — but they circumvent the checks that come with traditional financing. That’s why they’re monitored more closely, especially in certain cities.

Triggers Scrutiny When:

  • Purchase occurs in a FinCEN Geographic Targeting Order (GTO) region (like Boston, Miami, NYC, etc.)
  • Buyer uses an entity (LLC, trust, partnership) rather than a personal name
  • No mortgage or lender involvement, making the source of funds opaque

Check if your city is on FinCEN’s GTO watchlist

Foreign Buyers Purchasing Near Sensitive Locations

If you’re selling land or property near a military base, seaport, or energy facility, and your buyer is a foreign national or foreign-controlled company, your deal may come under review.

Triggers Scrutiny When:

  • Buyer is from a geopolitically sensitive country (e.g., China, Russia, Iran)
  • Property is within 100 miles of a designated sensitive site
  • Transaction lacks full ownership transparency

Learn how CFIUS flags foreign real estate transactions

Use of Shell Companies or Anonymous Trusts

The U.S. government is increasingly focused on beneficial ownership transparency — knowing who is actually behind the deal.

Triggers Scrutiny When:

  • The entity used is registered in a secrecy jurisdiction (Delaware, Cayman Islands, etc.)
  • There is no clear beneficial owner disclosed at closing
  • Documents reference multiple layers of ownership

See how the Corporate Transparency Act impacts real estate deals

Unusual Transaction Patterns or Repeated Flipping

Agencies like the IRS and FBI monitor the real estate market for signs of fraudulent investment behavior or tax evasion schemes.

Triggers Scrutiny When:

  • Property is bought and resold quickly at an inflated price
  • There’s a series of transactions between related parties
  • Funds move between multiple accounts or buyers during closing

FBI tips on recognizing property flipping fraud

Wire Transfers from High-Risk Countries or Banks

Closings often involve multiple wire transfers — but not all financial institutions are treated equally. Some are flagged for lax compliance standards or sanctions risks.

Triggers Scrutiny When:

  • Funds are transferred from offshore accounts with unclear sourcing
  • Transfers pass through non-U.S. banks flagged by the Treasury Department
  • The transfer amount and origin don’t match the buyer’s stated income or citizenship

Check OFAC’s sanctions lists (used by Homeland Security and Treasury)

How to Avoid Red Flags — Without Wrecking Your Deal

You don’t need to avoid cash, trusts, or foreign buyers altogether — but you do need to approach them with transparency and legal oversight.

Here’s how to protect your closing:

  • Use a qualified closing attorney who knows what will raise compliance concerns
  • Disclose beneficial ownership if you’re buying through a business or trust
  • Avoid unusual structuring (like passing ownership through a friend or nominee)
  • Keep clean documentation for funds, identity, and intent

Smart Deals Don’t Get Flagged — They Get Cleared

At The Law Office of David R. Rocheford, Jr., P.C., we know how to structure your closing so that it passes every test — legal, financial, and federal. Whether you’re selling to a foreign buyer or buying with cash, we keep your transaction clean and compliant.

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Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

From Our Clients

“I would highly recommend David as a closing attorney. I have known David and have been using his office for many years. David’s professionalism when dealing with me, my closing department and most especially my clients has been always exemplary.”
DAVID BREMER

SENIOR LOAN OFFICER, SHAMROCK FINANCIAL SERVICES

“The Law Office of Attorney David R. Rocheford, Jr. is by far the most exceptional real estate law office that I have had the pleasure of working with. The professionalism is by far second to none.”
JACQUI KEOGH

SENIOR LOAN OFFICER, SALEM FIVE MORTGAGE SERVICES

“Attorney David Rocheford has provided settlement and title services for me and Greenpark Mortgage several years. He has assisted all of my clients, including my family and friends with mortgage closings. Always providing excellent service. Reliable and trustworthy!”
SANDRA MALDONADO

Recent News

Should You Hire Your Lender’s Closing Attorney in MA & NH?

Should You Hire Your Lender’s Closing Attorney in MA & NH?

When you’re buying a home, there’s no shortage of decisions to make—fixed or adjustable rate? Move-in ready or fixer-upper? But here’s one question you might not have considered: Should you use the attorney your lender recommends for your closing? In Massachusetts and...

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You’ve found your dream home in Massachusetts or New Hampshire. The offer is in, the inspection went smoothly, and closing day is in sight. But then—bam!—a title defect surfaces, and suddenly your seamless transaction feels more like a nightmare. At The Law Office of...

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

Ah, the "Big Beautiful Bill"—sounds like something out of a fairy tale, doesn't it? But this recent tax mega-bill, passed just last week, is very real and packs a punch for home buyers in high-tax havens like Massachusetts and New Hampshire. Let's break it down, shall...

Bill H.245: Chapter 93 of the General Laws Amended

Bill H.245: Chapter 93 of the General Laws Amended

Bill H.245: Chapter 93 of the General Laws (Amended)

An Act protecting consumer rights in purchasing safe and habitable homes

PDF: HOUSE No. 245 Filed

Below is our summary of significant legislative development that impacts our industry. The Massachusetts General Court has introduced a bill titled “An Act protecting consumer rights in purchasing safe and habitable homes.” This bill, presented by Representative Brian M. Ashe and others, aims to enhance consumer protection by ensuring that buyers have the right to conduct home inspections when purchasing residential properties. Below, I have provided a detailed summary of the key provisions and implications of this bill for real estate professionals.

KEY POINTS

Purpose:

The bill aims to ensure that buyers have the right to home inspections when purchasing residential properties, including houses and condominiums.

Inspection Definition:

An inspection involves a licensed home inspector evaluating various components of the property, such as heating, cooling, plumbing, electrical systems, structural components, foundation, roof, and more.

Buyer’s Rights:

  • Buyers have the right to have the property inspected within 10 days of the seller accepting their offer, unless a different period is agreed upon in writing.
  • Sellers cannot condition the acceptance of an offer on the buyer waiving their right to an inspection, except in certain cases like auctions or sales to close family members.

Offer to Purchase:

Every offer to purchase must include a clause informing the buyer of their right to an inspection and the conditions under which they can revoke the offer if significant defects are found.

Seller’s Obligations:

  • Sellers must comply with the inspection rights and cannot accept offers that waive these rights unless specific exceptions apply.
  • Violations by sellers can result in damages to the buyer and civil penalties.

Enforcement:

An inspection involves a licensed home inspector evaluating various components of the property, such as heating, cooling, plumbing, electrical systems, structural components, foundation, roof, and more.

This bill is designed to protect consumers by ensuring they have the opportunity to identify any significant issues with a property before finalizing the purchase.

Implications:

The legislation has several implications for for real estate agents, brokers and Realtors:

Disclosure and Compliance:

  • Real estate agents must ensure that all offers to purchase include the required language informing buyers of their right to a home inspection.
  • Agents must be aware of the 10-day inspection period (or longer if agreed upon) and ensure that this is communicated clearly to both buyers and sellers.

Offer Conditions:

  • Agents cannot advise or encourage sellers to condition the acceptance of an offer on the buyer waiving their right to an inspection, except in specific cases like auctions or sales to close family members.
  • They must ensure that sellers do not accept offers from buyers who indicate an intention to waive the inspection right, unless the exceptions apply.

Legal and Financial Implications:

  • If a seller violates the provisions of this bill, the real estate agent could be implicated in any resulting legal actions or penalties. This includes potential civil penalties and damages to the buyer.
  • Agents need to stay informed about the legal requirements and ensure their practices comply with the new regulations to avoid liability.

Consumer Protection:

  • The bill enhances consumer protection, which may increase buyer confidence in the real estate market. Agents can use this as a selling point to assure buyers that their rights are protected.
  • Agents should be prepared to guide buyers through the inspection process and help them understand their rights and options if significant defects are found.

Overall, real estate professionals will need to adapt their practices to ensure full compliance with the new regulations, prioritize transparency, and protect the interests of their clients. This may involve additional training and adjustments to standard operating procedures.

Statutory Offer to Purchase Language

According to the bill each offer to purchase a residential structure or residential condominium unit shall include the following language:

“Buyer is entitled under section 115 of chapter 93 of the General 33 Laws to choose to have the premises inspected at Buyer’s expense within 10 days, or longer as Seller and Buyer may agree in writing, of Seller’s acceptance of Buyer’s offer to purchase. Unless one of the exceptions in said section 115 applies, neither Seller nor Buyer may make acceptance of this offer to purchase contingent upon waiver, limitation or restriction of Buyer’s right to choose to obtain a home inspection. Should Buyer choose to have the premises inspected, if it is the inspector’s opinion that the premises contain serious structural, mechanical or other defects and if the repair of such defects would cost Buyer in the aggregate more than the amount indicated by the Buyer herein ($________), then Buyer shall have the option of revoking this offer to purchase by written notice to the Seller or Seller’s agent within 5 business days of the date of the inspection, or longer as Seller and Buyer may agree in writing. Such notice shall be accompanied by a copy of the inspector’s opinion and a copy of cost estimates obtained by Buyer.”

Understanding and complying with this new legislation is crucial for all real estate professionals. By staying informed and adapting practices, we can better serve our clients and uphold the integrity of our industry. If you have any questions or need further clarification on this bill, please do not hesitate to reach out to one of our Real Estate Attorneys.

Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

From Our Clients

“I would highly recommend David as a closing attorney. I have known David and have been using his office for many years. David’s professionalism when dealing with me, my closing department and most especially my clients has been always exemplary.”
DAVID BREMER

SENIOR LOAN OFFICER, SHAMROCK FINANCIAL SERVICES

“The Law Office of Attorney David R. Rocheford, Jr. is by far the most exceptional real estate law office that I have had the pleasure of working with. The professionalism is by far second to none.”
JACQUI KEOGH

SENIOR LOAN OFFICER, SALEM FIVE MORTGAGE SERVICES

“Attorney David Rocheford has provided settlement and title services for me and Greenpark Mortgage several years. He has assisted all of my clients, including my family and friends with mortgage closings. Always providing excellent service. Reliable and trustworthy!”
SANDRA MALDONADO

Recent News

Should You Hire Your Lender’s Closing Attorney in MA & NH?

Should You Hire Your Lender’s Closing Attorney in MA & NH?

When you’re buying a home, there’s no shortage of decisions to make—fixed or adjustable rate? Move-in ready or fixer-upper? But here’s one question you might not have considered: Should you use the attorney your lender recommends for your closing? In Massachusetts and...

5 Hidden Title Defects That Can Delay Your MA or NH Home Closing

5 Hidden Title Defects That Can Delay Your MA or NH Home Closing

You’ve found your dream home in Massachusetts or New Hampshire. The offer is in, the inspection went smoothly, and closing day is in sight. But then—bam!—a title defect surfaces, and suddenly your seamless transaction feels more like a nightmare. At The Law Office of...

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

Ah, the "Big Beautiful Bill"—sounds like something out of a fairy tale, doesn't it? But this recent tax mega-bill, passed just last week, is very real and packs a punch for home buyers in high-tax havens like Massachusetts and New Hampshire. Let's break it down, shall...

Isn’t That Loan Fraud?

Isn’t That Loan Fraud?

The definition of loan fraud is simple.  According to the F.B.I. loan fraud is any material misstatement, misrepresentation or omission relied upon by a mortgage underwriter or lender to fund a loan.

The definition does not make any exception for white lies, half truths, fibs or creative facts.  It says any material misstatement, misrepresentation or omission.  In most cases if you are involved in a real estate loan transaction, as a borrower, real estate agent, attorney or some other party, and you have to ask yourself or someone else “Is that loan fraud?”  95% of the time the answer is “yes.”

In most cases when I am asked about whether or not something is loan fraud the conversation usually goes something like this: (more…)