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Ethics & Fraudmedium18% of exam

An investor with 4 properties cannot qualify for a 5th. His cousin, who has never seen the house, signs the application, takes title and immediately deeds the property back to the investor after closing. Assuming the cousin's nominee role and planned transfer were concealed from the lender, what mortgage-fraud scheme does this arrangement illustrate?

Correct Answer

A) A straw buyer scheme: the cousin's credit stands in on the 5th property

A. The cousin acts as a concealed nominee or straw buyer. The lender evaluates the cousin without knowing the investor’s actual role and planned transfer. Scope and exceptions: Four properties is a scenario fact, not a universal lending limit. The source describes a fraud pattern, not every element of criminal liability. Source: Typical fraud schemes: Nominee Loans — https://archives.fbi.gov/archives/news/stories/2005/december/operation-quick-flip-1

Answer Options
A
A straw buyer scheme: the cousin's credit stands in on the 5th property
B
A permitted gift of equity, since the cousin transferred to a relative
C
An occupancy misrepresentation and nothing more, as the cousin did apply
D
A permitted arrangement if the deed is recorded within 30 days

Why This Is the Correct Answer

A. The cousin acts as a concealed nominee or straw buyer. The lender evaluates the cousin without knowing the investor’s actual role and planned transfer. Scope and exceptions: Four properties is a scenario fact, not a universal lending limit. The source describes a fraud pattern, not every element of criminal liability.

Why the Other Options Are Wrong

Option B: A permitted gift of equity, since the cousin transferred to a relative

Family relationship does not establish a genuine gift.

Option C: An occupancy misrepresentation and nothing more, as the cousin did apply

Concealment concerns the actual party, not merely occupancy.

Option D: A permitted arrangement if the deed is recorded within 30 days

Recording does not cure prior concealment.

Exam Tip

Disclose the real transaction parties.

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