Parker Waichman LLP

Elderly Often Vulnerabe to Mortgage Fraud

The elderly are becoming increasingly vulnerable to mortgage fraud and other types of financial abuse and their biggest threat may be their own families. As tougher economic times befall more Americans and there still exists a shady, predatory element to the mortgage business, it appears more senior citizens face the threat of fraud every day […]

The elderly are becoming increasingly vulnerable to mortgage fraud and other types of financial abuse and their biggest threat may be their own families.

As tougher economic times befall more Americans and there still exists a shady, predatory element to the mortgage business, it appears more senior citizens face the threat of fraud every day and are being bilked out of millions of dollars each year.

According to a report from Los Angeles Times citing a study from the National Center on Elder Abuse, the issue of elder financial abuse and fraud was highlighted by the recent conviction of a former Florida mortgage loan officer and several cohorts who, among other offenses, falsified loan applications and pocketed money. They also duped many elderly homeowners into agreeing to a “reverse mortgage” on their homes without fully explaining the consequences.

And while there may be a predatory or fraudulent mortgage lender for every county in every state – the Times report cites National Council on Aging statistics noting that homeowner and reverse mortgage scams are the eighth biggest threat to seniors’ financial stability – the largest threat to elderly homeowners at risk for fraud and deception may come from their own family members, including their children.

The immediate family members of elderly homeowners may be the most likely to perpetrate the scams but still use reverse mortgages and other shady loan deals to complete the act. In many cases, the elderly homeowner will enter into a loan agreement – most often borrowing against the value of their homes – without full knowledge of the terms of the deal.

Rules under the Federal Housing Administration’s Home Equity Conversion Mortgage Program require an independent counselor to review the details of a proposed loan with a homeowner. The elderly homeowner should have at least some knowledge of the terms of the deal before entering into it, though it is likely they won’t understand it fully. However, the report states, “the desire to take out a loan they don’t fully comprehend could be a sign that something else is going on in their lives.”

It should be determined who would benefit from a mortgage loan. If the homeowner has no real stake in the benefits to be gained from entering into a deal like a reverse-mortgage, this should raise a red flag that foul play could be afoot. The report highlights several instances in which children “coaxed” their parents into entering into reverse-mortgage loans worth more than $100,000. The children were the only ones set to gain from the temporary windfall, using the money to handle other debts and on lavish purchases.

The report suggests perhaps there are alternatives to reverse-mortgages.

Also, a vulnerable elderly homeowner could be the victim of coercion. Family members could use guilt to push another into signing-up for an otherwise unnecessary loan.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
My experience with Parker and Waichman firm was exceptional. Christina Morace answered all my questions and my concerns regarding my case. She was very supportive, compassionate and extremely professional. I recommend this firm to anyone who has suffered an injury or critical illness seeking legal assistance. Thank You, Melissa
Iris
4 years ago
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness
Thomas Caragliano
3 years ago
5 Star Reviews 150
The best lawyer company I have ever met, very attentive, very concerned about my case, especially Jorge Peniche, who helped me with everything with my medication, my therapy, and followed up on my case from the beginning. It is a company that I recommend to all my friends. Friends Parker Waichman
Nestor Herrera
5 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038