Stated income can come back to bite you

Documenting income?is as important as a?good credit score if you want to qualify for the lowest rates and costs when applying for credit. Being able to provide FULL DOCUMENTATION will save you significantly and many lenders make it easy to qualify as FULL DOC by accepting bank statements in lieu of W2’s for self employed borrowers. However, those who can’t meet these requirements have been applying under STATED INCOME guidelines and this could open problems later.

Stated income allows you to claim an amount you earn without having to provide documentation to prove it. It is intended for borrowers who earn income they can’t prove…cash tips for example…and this income is a part of their everyday lives but can’t be documented. Unfortunately it has become known in the lenders circle as the “Liars Loan” as many borrowers files are simply switch to stated income as soon as they don’t qualify as full doc. The system allows for the abuse and loan officers are exploiting it without borrower knowledge in many cases.

It is important that you understand what you are claiming when you fill out a loan application. To state that you make more than you do is loan fraud. With that in mind, it is illegal for a loan officer to switch your file from FULL DOC to STATED INCOME unless you have told him to and it is as a result of other income not reported to the loan officer.

There is a right way and a wrong way for a loan officer to present that option. For example, to say: “You don’t qualify as a FULL DOC borrower, we are going to have to switch this to Stated Income to qualify…ok?”..is WRONG! It is a blatant disregard for the intent of stated income and is the primary reason homeowners end up qualifying for more than they really should.

The right way is “The loan you need requires $$$ per month income to qualify. If there is other income that is not showing in what you have provided and it is tough to document?you can select STATED INCOME which allows you to claim it without providing documentation. Can you state $$$ in income and would you like me to submit this under that status? This is a correct method a loan officer should use to explain this to a borrower. The vast majority never here anything close to this and this could open loan brokers to litigation.

For all those who claim the big problem is INTEREST ONLY loans or ADJUSTABLES…you are viewing this from the wrong side of the fence….the borrowers side. The problem exists on the lenders side and the qualifying standards they have created. This has led to homeowners in over their heads and when all this is combined (higher loan than they qualify for, pullback in values, adjustable rates) they end up in an upside down position that they can’t get out of. Many lenders will not allow you to switch to stated income once you have applied as full doc to avoid some of this but as a borrower you are still responsible for what you claim on an application and it is fraud to claim income you do not actually earn.

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Reader Comments

Real estate scams on the rise on January 16, 2007 at 8:57 am

[...] The largest offender of fraud in the current market is occurring on the mortgage side of the business. Loan officers have been fraudulently qualifying borrowers for mortgages that they shouldn’t be able to attain. Filing under stated income is the #1 offense. There are standards the lenders use to prevent homeowners from ending up in a loan they can’t afford. However, a loan officer who knows how to use whiteout and is willing to commit fraud can get a loan through the system without the borrower even knowing the fraud was committed. If a person is intent on stealing from you they will find a way. It is our job as homeowners to know enough to protect ourselves. [...]

Lending criteria is changing on January 26, 2007 at 9:43 am

[...] Increased credit score for Non-Owner Occupied SIVA and No Ratio doc types [...]

[...] lenders across the board announced the end of 100% stated income programs. The change was included any loans in process that have not yet locked their rates. Many [...]

ella on November 3, 2007 at 12:13 pm

Collusion to commit FRAUD !!!!!!

Pinnacle mortgage/First Magnus,long realty company, and Title Security Agency of Arizona is the reason my 81 year old father is in default.

Tom Voli on November 5, 2007 at 9:50 am
tom@tomvoli.com

Please give us details Ella.

ella on November 11, 2007 at 9:09 am

Hi Tom,

Does the lender or realtor fill out the estimated cost sheet?

Thanks,
Ella

ella on November 11, 2007 at 9:18 am

What document would show the stated income?

Thanks again,
Ella

Tom Voli on November 11, 2007 at 3:16 pm
tom@tomvoli.com

1) The lender will usually provide an estimate of costs on the Good Faith Estimate. Unfortunately, many lenders are not even close to the ACTUAL costs that show up at closing. The only thibg you can do about this is walk away from the loan if the costs are not in line.

2) The income will be reported on the loan application. The actual term STATED will usually not appear on that application but will appear in back office documentation.

ella on November 11, 2007 at 6:48 pm

Thanks for the reply!

ella on November 22, 2007 at 4:50 pm

Hi Tom
In the purchase contract, page 9 of 9 line 372. It has Pam Treece long agent as both the buyer and seller, and line 383 it has Susie DeConcini long agent as both the buyer and seller, also on the MLS it has Susie DeConcini as the listing agent and to top it off the seller is Susie DeConcini’s son. My dad paid Pam Treece $179.00 for representing him. How is it then, that they are both claiming to be dual agents.
(buyer and seller) Happy Thanksgiving,
Ella

Tom Voli on November 23, 2007 at 7:49 am
tom@tomvoli.com

Sorry Ella, I can not tell you who actually served in dual agency capacity but it is unlikely that they both did.

ella silveira on December 13, 2007 at 6:24 pm

Shalom,

The document, FOLLOW-UP-AND COOPERATION AGREEMENT. If there is a 10 digit number next to FHA/VA CASE NO: what does that mean?

Thanks much, ella

Tom Voli on December 13, 2007 at 7:40 pm
tom@tomvoli.com

Can’t help with this one Ella, anyone else care to take a crack at this?

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