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Ethics & Fraudmedium18% of exam

A company offers a homeowner 60 days from foreclosure a deed transfer with a promise to rent the home back and resell it later. If the transfer pays no fair value and the repurchase promise is deliberately structured to fail, what foreclosure-rescue scheme does it illustrate?

Correct Answer

D) A rescue scheme under which the homeowner signs away the equity

D. The deceptive rescue transfers away the homeowner’s equity. The promised repurchase is deliberately designed to fail, rather than genuinely preserve ownership. Scope and exceptions: A legitimate sale-leaseback is not automatically fraudulent. This question stipulates deception. Source: Typical fraud schemes: Foreclosure schemes — https://archives.fbi.gov/archives/news/stories/2005/december/operation-quick-flip-1

Answer Options
A
A lawful sale-leaseback, since the homeowner keeps living there
B
Lawful where the homeowner receives 60 days notice of the terms
C
A loan modification structured through a 2-party deed transfer
D
A rescue scheme under which the homeowner signs away the equity

Why This Is the Correct Answer

D. The deceptive rescue transfers away the homeowner’s equity. The promised repurchase is deliberately designed to fail, rather than genuinely preserve ownership. Scope and exceptions: A legitimate sale-leaseback is not automatically fraudulent. This question stipulates deception.

Why the Other Options Are Wrong

Option A: A lawful sale-leaseback, since the homeowner keeps living there

Continued occupancy does not cure deception.

Option B: Lawful where the homeowner receives 60 days notice of the terms

Notice does not make a false promise legitimate.

Option C: A loan modification structured through a 2-party deed transfer

Transferring title is not itself modification of loan terms.

Exam Tip

Examine the promise and transfer, not the rescue label.

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