Mortgage Occupancy Fraud

The top of the mortgage application requires the borrower to declare
the loan's purpose (primary residence, secondary residence, investment).

The Trump Administration is investigating three outspoken political opponents, California Senator Adam Schiff, New York Attorney General Letitia James, and Federal Reserve governor Lisa Cook, for the possible crime of mortgage occupancy fraud. Claiming that a loan is for one's principal residence (versus a vacation home or a rental property) allows the borrower to have both a lower interest rate and a lower down payment, and it has been alleged that these three knowingly lied on their applications. [bold added]

Lenders typically offer better terms on mortgages for a primary residence, and let people borrow more than they would for a second home or an investment property they may rent out.

For a primary residence, for instance, the down payment can be as low as 3% to 5%. For a second home, typically 10% to 20%. For an investment property, it is usually at least 20%.

Mortgage rates for a second home are also typically 0.25% to 0.50% higher than the rate for a primary residence, said Garth Graham, senior partner at Stratmor Group, a mortgage advisory firm. The rate is usually 0.50% to 0.75% higher for an investment property.

The average rate on the standard 30-year fixed mortgage was recently 6.58%.

Another reason people might want to claim a second home as a primary residence: Nonowner occupied properties often have higher property taxes and higher insurance premiums than primary residences, said Jon Goodman, a lawyer with a specialty in mortgage fraud.

The crime is difficult to prove, partly because it is allowable to apply for a loan on a new primary residence while living elsewhere (for example, I want to move to a new purchased condo in Arizona first, then sell my California home), and circumstances may have changed (I don't like my retirement choice after all and will continue to live in my current home). In the latter case, the bank will not normally change the loan terms as long as I continue to make the payments.

Mortgage occupancy fraud is rarely prosecuted, and most real estate participants know this. Checking the wrong box can save thousands of dollars each year. Doing the right thing when there is hardly any penalty for doing the wrong thing and it's highly unlikely that one will get caught anyway is a true test of character.