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re: Flood Insurance Fraud Story-You aren't going to believe this one.
Posted on 8/22/16 at 3:56 pm to LSUFanHouston
Posted on 8/22/16 at 3:56 pm to LSUFanHouston
quote:
Also did Tom ever get proof of coverage?
I got all proofs and forms about a week after closing.
My thoughts exactly. Flood insurance is paid in full, annually, never via escrow. If his flood premium was indeed included in the closing settlement, he should have received his certificate of coverage/copy of policy from the federal flood insurance program. When he did not receive a copy of those docs, he should not have assumed he was covered. He should have followed up, asked questions, and made damn sure that his money ended up where it was supposed to go.
He needs an attorney, stat. But he's not insured, and he should start his flood cleanup, planning, and apply for FEMA assistance just like every other uninsured person. Don't look for a legal remedy to be swift or complete, and don't let any thoughts of legal action derail him doing what he currently needs to do as an uninsured, flooded homeowner.
Posted on 8/22/16 at 4:06 pm to hungryone
quote:
never via escrow.
wrong
Posted on 8/22/16 at 4:16 pm to Chad504boy
Just a little devils advocate here. It has been said that no way the flood insurance was not likely 3k, probably much less. Do you think a licensed broker and agent is going to risk it all over stealing a few hundred dollar flood insurance premium?
This post was edited on 8/22/16 at 4:17 pm
Posted on 8/22/16 at 4:19 pm to Lsupimp
quote:
The loan originator then said "you have two choices-you can sue me or I can refund the 3,000 back to you".
If true odds are your friend isn't his only victim. Like others have said he needs to get legal representation immediately. You want to be first in line in situations like this one.
Posted on 8/22/16 at 4:25 pm to achenator
i would tend to agree but its mostly likely negligence/incompetence...
Posted on 8/22/16 at 6:40 pm to Lsupimp
This was a common scam when I was in the mortgage business 20 years ago. Back then they would just forge the documents bc everything was still done on paper/fax.
Posted on 8/22/16 at 7:28 pm to achenator
You'd be surprised.
And also, sometimes it is based on pure negligence that these things happen and it isn't some purposeful act to defraud the other party.
That being said, this guy should lawyer up and let's see what the AG, LDI, and CFPB have to say about the situation. None of which any mortgage originator or title company wants anywhere around their operation if they are doing nefarious things
And also, sometimes it is based on pure negligence that these things happen and it isn't some purposeful act to defraud the other party.
That being said, this guy should lawyer up and let's see what the AG, LDI, and CFPB have to say about the situation. None of which any mortgage originator or title company wants anywhere around their operation if they are doing nefarious things
Posted on 8/22/16 at 7:31 pm to MikeBRLA
Flood insurance isn't always escrowed. It's not always paid in full either. You have to get an escrow disclosure. You have to have determinations that you either are or are not in a SFHA during your closing and if they are in a flood zone there is no lender on Earth that wouldn't protect their interest as mortgagee by requiring force placement.
The docs aren't drawn by the loan officer. They're drawn by the lender's back end folks who have less than zero incentive to risk their career so the loan officer can make an extra $3,000 on one loan. This would have to be a systemic scam that permeated the lender, the title company, the closing attorney and an insurance company.
Is it impossible? No. Is it incredibly, highly unlikely? Absolutely. There's multiple checks and balances during the process of home buying to prevent this.
My personal opinion is your Buddy Tom is lying about it.
The docs aren't drawn by the loan officer. They're drawn by the lender's back end folks who have less than zero incentive to risk their career so the loan officer can make an extra $3,000 on one loan. This would have to be a systemic scam that permeated the lender, the title company, the closing attorney and an insurance company.
Is it impossible? No. Is it incredibly, highly unlikely? Absolutely. There's multiple checks and balances during the process of home buying to prevent this.
My personal opinion is your Buddy Tom is lying about it.
Posted on 8/22/16 at 7:47 pm to Lsupimp
This wouldn't happen to be Intelligent Mortgage, would it? Because I've had experience with them and let me tell you, their name is very ironic.
Anywho -- this doesn't smell right. When a flood policy is set up, the producer/agent either selects the standard 30-day waiting period or if the house is in a flood zone, the lender is requiring immediate protection - therefore the producer/agent selects lender-required, making the policy effective on the date of closing.
If the money is never received by NFIP, usually within weeks, then a cancellation letter would've been sent to your friend. If he never got one, the policy was in force. If he did, then either his lender or agent (in this case the same guy) is on the hook and absolutely must be sued.
The agent sounds very fishy and is one of those agents who give the entire insurance industry such a bad reputation.
Anywho -- this doesn't smell right. When a flood policy is set up, the producer/agent either selects the standard 30-day waiting period or if the house is in a flood zone, the lender is requiring immediate protection - therefore the producer/agent selects lender-required, making the policy effective on the date of closing.
If the money is never received by NFIP, usually within weeks, then a cancellation letter would've been sent to your friend. If he never got one, the policy was in force. If he did, then either his lender or agent (in this case the same guy) is on the hook and absolutely must be sued.
The agent sounds very fishy and is one of those agents who give the entire insurance industry such a bad reputation.
Posted on 8/22/16 at 7:56 pm to poops_at_parties
quote:
payment would/should have been collected at closing, they could have had the app with mortgagee listed and all but obviously mess ups happened as if Flood app was in place, notices would have went out to all when cancelled.
this
Posted on 8/22/16 at 8:30 pm to GFunk
quote:please tell me about what other pay plan options offered?
It's not always paid in full either.
Posted on 8/22/16 at 9:00 pm to Chad504boy
quote:
please tell me about what other pay plan options offered?
There are no other premium modes available for NFIP Policies. At closing an entire year is paid up front. Now, if in a non-X zone, then the mortgage company will require the next year's premium to be subject to monthly escrow (if an escrow is required on said mortgage) and that in effect makes it sort of like a monthly prepayment of the policy coverage.
I guess what I can't understand is this: $3,000 at closing was required to be paid to bind the flood policy. Where did that $3,000 go? I am currently in an non-X zone and at closing of my house I had to sign paperwork indicating I accepted the policy and I accepted the costs of the policy. Further, I accepted that if for some reason the policy was not paid, that the mortgage company had the right to take out a policy for me and it would charge me for said policy.
Even if this was gross incompetence and not fraud, where did the $3,000 go? I refuse to believe that given all the parties involved in the transaction of closing a house, that the money just was misplaced.
Obviously the policy was never bound, as if it was bound, there would be a cancellation notice issued for non-payment. Which makes me believe that a policy was never applied for. If that's the case, and yet the mortgage broker / insurance agent provided the bank and the closing company documents indicating a policy was indeed set to go in force... that is absolute fraud.
Given that... it's not impossible to think that at funding of the mortgage, $3,000 was wired to the agent/broker, for the purposes of paying for the coverage, who then just pocketed the money. That's the only way this makes sense.
This post was edited on 8/22/16 at 9:02 pm
Posted on 8/22/16 at 9:37 pm to LSUFanHouston
quote:
Obviously the policy was never bound, as if it was bound, there would be a cancellation notice issued for non-payment. Which makes me believe that a policy was never applied for. If that's the case, and yet the mortgage broker / insurance agent provided the bank and the closing company documents indicating a policy was indeed set to go in force... that is absolute fraud.
I should have answers tomorrow. What I suspect after talking to friends in industry, analyzing the originators statements and what he has told them, is even worse than this.Much worse. Once I see the closing docs I can figure it out. And if he did it to this one random guy who knows how many others. Chris Nakamoto and the AG are going to be all up in this one. And then I'll name names and give the unbelievably shitty details that have had me shaking my head all day.
If I'm totally off-base, I'll report back on that and take my lumps, too. I'm going off a guy's word. Which I would not normally do, if the responses and pleas of the originator to "let us handle this personally and quietly" were not so obvious. There is overwhelming consciousness of guilt here.
Posted on 8/22/16 at 9:44 pm to LSUFanHouston
quote:This.
Obviously the policy was never bound, as if it was bound, there would be a cancellation notice issued for non-payment. Which makes me believe that a policy was never applied for. If that's the case, and yet the mortgage broker / insurance agent provided the bank and the closing company documents indicating a policy was indeed set to go in force... that is absolute fraud. Given that... it's not impossible to think that at funding of the mortgage, $3,000 was wired to the agent/broker, for the purposes of paying for the coverage, who then just pocketed the money. That's the only way this makes sense.
Since he never received a cancellation notice, it was never procured in the first place. However, let's be careful what we accuse the agent of - was it fraudulent? Perhaps, but there ain't no insurance for that. Keep it to a negligence E&O claim if this guy wants any actual recourse out of this mess.
Posted on 8/22/16 at 9:45 pm to Lsupimp
Tom should get his $3,000 back and THEN sue the guy....
Posted on 8/22/16 at 9:48 pm to Lsupimp
If what is being alleged is true, either your friend had the unfortune to be the first victim of a growing fraud, or, there are many other cases of fraud out there.
Posted on 8/22/16 at 9:58 pm to NaturalBeam
Speaking of E&O he has already called Tom to let him know his E&O has lapsed and that there is no money even if he wants to sue. Seriously, he did that. He keeps trying to convince Tom that this is a 3k issue. A mistake.
What if we find out that Tom can produce a cashed check for flood insurance made out to an insurance company that isn't actually an insurance company, but actually the name of the originator's LLC that is ostensibly an insurance brokerage? An LLC name that happens to be suspiciously close to the name of a former fortune 500 company that could easily dupe a person?
Not sayin', just sayin'...
What if we find out that Tom can produce a cashed check for flood insurance made out to an insurance company that isn't actually an insurance company, but actually the name of the originator's LLC that is ostensibly an insurance brokerage? An LLC name that happens to be suspiciously close to the name of a former fortune 500 company that could easily dupe a person?
Not sayin', just sayin'...
Posted on 8/22/16 at 10:14 pm to Lsupimp
quote:
What if we find out that Tom can produce a cashed check for flood insurance made out to an insurance company that isn't actually an insurance company, but actually the name of the originator's LLC that is ostensibly an insurance brokerage? An LLC name that happens to be suspiciously close to the name of a former fortune 500 company that could easily dupe a person?
Wait, was this policy supposedly purchased "POC" - i.e. Paid Outside Closing? I didn't think you can do that on lender-required insurance, however, that's the only way I can think that a separate check would have been made payable directly to the insurance "broker"?
Posted on 8/22/16 at 10:18 pm to LSUFanHouston
I'll be back tomorrow with the details once I see it with my own eyes. I'm going all Encyclopedia Brown on this one.
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