Flopping

Flopping is a fraudulent practice used by fraudsters to undervalue a property intentionally to induce a lender to make a short sale, thereby benefiting the fraudster at the detriment of the property owner and the lender.

Definition

Flopping refers to a scheme where a fraudster deliberately undervalues a property by using a falsified low-value appraisal. This undervaluation tricks lenders into approving short sales, allowing the fraudster to purchase the property below its market value. Subsequently, the fraudster resells the property at its true market value, reaping undue financial gains.

Examples

  1. Example 1: Homeowner Sarah is behind on her mortgage payments. The mortgage owed is $150,000. Fraudster Alex procures a fake appraisal showing the property is worth $100,000, despite its actual value being $140,000. Sarah and the lender are deceived, and the house is short-sold to Alex. Alex then resells the property for its true value, pocketing the difference.

  2. Example 2: John, a homeowner, is facing foreclosure, with a mortgage balance of $250,000. Fraudster Melanie arranges a fake appraisal showing the property value at $180,000 instead of its true value of $230,000. The lender, convinced by the bogus appraisal, approves the short sale to Melanie, who sells the property for $230,000 after purchasing it.

Frequently Asked Questions (FAQs)

Q: What is the primary goal of flopping? A: The primary goal of flopping is to deceive the lender and property owner into selling the property at a significantly undervalued price, allowing the fraudster to purchase and then resell it at a higher price, thus profiting from the difference.

Q: Who are most at risk of falling victim to flopping schemes? A: Homeowners facing financial distress or foreclosure and lenders who may not scrutinize appraisals thoroughly are most at risk of falling victim to flopping schemes.

Q: How can one protect themselves against flopping? A: Ensuring the authenticity of appraisals, consulting multiple appraisers, and working with reputable real estate professionals can help protect against flopping.

Q: What are the legal consequences of flopping? A: Legal consequences for flopping can include criminal charges for fraud, financial restitution to victims, and civil penalties.

Q: Can lenders take action if they suspect flopping? A: Yes, lenders can investigate suspicious short sales, involve law enforcement, and pursue legal action against fraudsters.

Short Sale: A real estate transaction where the sale proceeds fall short of the balance owed on the property’s mortgage.

Fraudulent Appraisal: A false property appraisal with deliberately misleading valuation for financial gain.

Mortgage Fraud: Any misrepresentation or omission intended to mislead a lender during a mortgage loan process.

Underwriting: The process lenders use to assess the risk of lending money, which can be compromised by fraudulent appraisals.

Foreclosure: A legal process where a lender takes possession of a property due to the borrower’s failure to pay the mortgage.


Online Resources

  1. Federal Bureau of Investigation - Mortgage Fraud
  2. Consumer Financial Protection Bureau - Avoiding Foreclosure
  3. National Association of Realtors - Fraud Prevention Programs

References

  • “Mortgage Fraud Examinations and Awareness” by Lee T. Brotman
  • Federal Bureau of Investigation (FBI) publications on mortgage fraud
  • National Association of Realtors (NAR) resources on real estate fraud

Suggested Books for Further Studies

  • “Mortgage Fraud and Predatory Lending: What Every Homeowner Needs to Know” by David S. Hilzenrath
  • “Real Estate Fraud: Understanding the Schemes and Avoiding the Scams” by Michele Mattoon
  • “Preventing Mortgage Fraud: An Industry Insider Reveals What You Need to Know” by Angelique Kelcz
  • “The Other Side of the Coin: Fraud on the Sell-Side of Real Estate” by Christopher K. H. Ingram

Real Estate Basics: Flopping Fundamentals Quiz

### What is the primary goal of flopping? - [x] To buy a property cheaply through fraudulent means and sell it at a higher price. - [ ] To assist homeowners in foreclosures. - [ ] To provide accurate property valuations. - [ ] To help lenders recoup their investments effectively. > **Explanation:** Flopping is aimed at buying a property below its true market value through fraudulent evaluations and then reselling it at a higher price for profit. ### Who is tricked by a fraudulent appraisal in a flopping scheme? - [x] Both the homeowner and the lender. - [ ] Only the homeowner. - [ ] Only the lender. - [ ] Real estate agents. > **Explanation:** Both the homeowner and the lender are deceived by the falsified appraisal, leading to an undervalued short sale. ### Which document is manipulated to execute a flopping scheme? - [ ] Inspection report - [ ] Loan application - [x] Property appraisal - [ ] Deed > **Explanation:** The property appraisal is manipulated to show a lower value than the actual market worth, facilitating the flopping scheme. ### What happens to the property after a successful flopping scheme? - [ ] It is renovated. - [ ] It is rented out. - [x] It is sold at its actual market value. - [ ] It remains under the fraudster's ownership indefinitely. > **Explanation:** After purchasing the property at a fraudulent low price, the fraudster resells it at its true market value for profit. ### Who faces financial loss in a flopping scheme? - [ ] The fraudster - [x] The lender and the homeowner - [ ] The appraiser - [ ] All of the above > **Explanation:** The lender and the homeowner both face financial losses due to the property being sold below its actual market value. ### What is a key indication of a possible flopping scheme? - [ ] Low-interest rates - [ ] Multiple offers on a property - [x] Questionably low property appraisal - [ ] Cash purchases > **Explanation:** A property appraisal that appears significantly below market value may indicate a potential flopping scheme. ### What should homeowners do if they suspect a fraudulent appraisal? - [x] Request additional appraisals from reputable sources. - [ ] Accept the first appraisal’s outcome. - [ ] Avoid contacting authorities. - [ ] Simplify the process to expedite sales. > **Explanation:** Homeowners should seek additional appraisals from reputable sources to verify the true market value. ### What is at risk for fraudsters involved in flopping schemes? - [x] Legal action and criminal charges - [ ] Higher mortgage rates - [ ] Increased property taxes - [ ] Erosion of property value > **Explanation:** Fraudsters face severe consequences like legal action and criminal charges if caught. ### How can lenders mitigate the risk of falling victim to flopping? - [ ] Ignoring appraisal evaluations - [x] Conducting thorough reviews and verification of appraisals - [ ] Relying solely on borrower claims - [ ] Streamlining short sale approvals > **Explanation:** Lenders should meticulously review and verify property appraisals to protect against fraud. ### What is the ethical duty of a real estate appraiser? - [x] Providing an accurate and honest assessment of property value - [ ] Underestimating property values - [ ] Maximizing property taxes - [ ] Prioritizing lender interests over fairness > **Explanation:** Real estate appraisers have an ethical duty to offer an accurate and honest valuation to ensure fairness for all parties involved.
Sunday, August 4, 2024

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