A builder with 9 unsold units offers buyers a $40,000 undisclosed credit after closing to clear the inventory. What fraud scheme does concealing these post-closing incentives from the lender illustrate?
Correct Answer
C) A builder-bailout scheme concealing incentives material to the lender's underwriting
C. The hidden buyer credit is a builder-bailout fraud warning sign. The builder is moving unsold inventory using a $40,000 post-closing credit concealed from the lender. The central issue is misstating the transaction’s economics, not the mere existence of seller assistance. The FBI’s cited case describes concealed builder cash-back payments. Scope and exceptions: Properly disclosed assistance may be allowed under applicable program limits. A fraud-risk classification is not a criminal judgment about an actual person. Source: Builder-bailout cash-back scheme, November 13, 2009 — https://archives.fbi.gov/archives/losangeles/press-releases/2009/la111309.htm
Why This Is the Correct Answer
C. The hidden buyer credit is a builder-bailout fraud warning sign. The builder is moving unsold inventory using a $40,000 post-closing credit concealed from the lender. The central issue is misstating the transaction’s economics, not the mere existence of seller assistance. The FBI’s cited case describes concealed builder cash-back payments. Scope and exceptions: Properly disclosed assistance may be allowed under applicable program limits. A fraud-risk classification is not a criminal judgment about an actual person.
Why the Other Options Are Wrong
Option A: A permissible discount even though it is concealed from the lender
Concealment prevents the lender from evaluating the true transaction.
Option B: A permissible concession whenever it is below a universal 6% cap
A supposed universal percentage limit does not authorize undisclosed credits.
Option D: A permissible incentive whenever every unit receives the same credit
Offering the same concealed arrangement to every buyer does not legitimize it.
Exam Tip
Verify and disclose concessions; a post-closing payment can change the real purchase economics.
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