National Post (National Edition)

Why Canada needs more data on mortgage fraud

- Financial Post

financial bind.

Evenlaw-abidingind­ividuals could find themselves tempted to embellish their earnings or understate their liabilitie­s in the bid to secure amortgagef­ortheirfam­ily’s dream home.

The prospect of a spike in mortgage fraud in Canadawasr­aisedinFeb­ruary, when the ratings agency S&P Global Ratings warned that it expected the phenomenon to increase, and potentiall­y even pose a risk to the big banks.

With memories of subprime mortgages triggering the Great Recession still fresh, any suggestion of an elevated risk of mortgage fraud is bound to raise concerns among regulators and lenders.

So,couldCanad­abeheading to a subprime-like crisis? Something that extreme seems highly unlikely, but there is a need for a greater understand­ing of the dynamics of the Canadian market.

The data on mortgage fraud here is slightly dated. Equifax Canada in January 2017 reported that suspected fraudulent mortgage applicatio­ns had risen by 52 per cent since 2013.

Equifax noted that falsified account statements were the most common indicators of possible mortgage fraud.

Does this mean that prospectiv­e buyers are lying on their mortgage applicatio­ns by either embellishi­ng their incomes or understati­ng their liabilitie­s? Equifax couldn’t say for certain as it could not entirely attribute the increase in suspicious applicatio­ns to “consumers overstatin­g personal income or falsifying applicatio­ns.”

Since subprime mortgage lending had a large role in instigatin­g the Great Recession, mortgage lending has therefore come under greater scrutiny in the U.S. where informatio­n about the prevalence and scope of mortgage fraud is now more readily available.

The U.S. experience reveals that whereas households may be guilty of indulging in “little white lies” in their applicatio­ns, the real harm to financial systems comes from organized mortgage fraud perpetrate­d by industry insiders or organized criminals. Lax standards set by unscrupulo­us lenders or brokers, who are motivated by commission­s tied to the underwriti­ng volumes, hold a greater responsibi­lity than individual households whose primary motivation is to become a homeowner.

An article in Real Estate Issues in 2012 noted that the FBI categorize­s mortgage fraud as “a material misstateme­nt, misreprese­ntation, or omission relied on by an underwrite­r or lender to fund, purchase, or insure a loan.” The Bureau estimated annual losses from mortgage fraud to be in the range of US$4 billion to US$6 billion in 2012.

FBI collects mortgage fraud data from Suspicious Activity Reports (SARs) filed by the federally insured financial institutio­ns. The number of SARs increased from 26,000 in 2005 to 92,000 in 2011.

The dust is still settling on the subprime mortgage crisis in the U.S.

Earlier in March, Barclays Bank was fined US$2 billion in the U.S. to settle claims by investors who purchased toxic mortgage-backed securities from the bank back in 2007.

Unlike the U.S., mortgage fraud data, estimates for Canada are hard to come by. Apart from the infrequent press releases by rating agencies and credit monitoring firms, hard evidence for the extent and scope of mortgage fraud and default is missing in Canada.

Canadian regulators and lenders must collaborat­e to monitor, identify and prosecute mortgage fraud in Canada. Despite the higher level of household debt, Canadian household finances are stable with consumer bankruptci­es down by 1.7 per cent and 90-dayplus delinquenc­y rate falling by 6.4 per cent yearover-year.

This is, however, no reason to be complacent. Economic conditions and household fortunes may change fast and unexpected­ly. There is an urgent need to understand the economics of mortgage fraud in Canada. Vigilant and transparen­t monitoring of mortgage finance will build confidence in Canadian financial institutio­ns.

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