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LOAN FRAUD POLICY

BENNETT CAPITAL PARTNERS LOAN FRAUD POLICY

Bennett Capital Partners maintains a zero-tolerance policy regarding mortgage fraud. All borrowers, referral partners, and service providers must comply with federal and state regulations. Fraudulent activity will result in immediate application denial, criminal prosecution, and civil liability.

 

REGULATORY COMPLIANCE

 

This policy ensures compliance with federal and state regulations including:

  • Truth in Lending Act (TILA) and Regulation Z

  • Real Estate Settlement Procedures Act (RESPA) and Regulation X

  • SAFE Mortgage Licensing Act

  • Fair Credit Reporting Act (FCRA)

  • Bank Secrecy Act (BSA) and Anti-Money Laundering requirements

  • Fair Housing Act and Equal Credit Opportunity Act (ECOA)

  • Consumer Financial Protection Bureau (CFPB) regulations

  • Florida mortgage broker licensing requirements

 

PROHIBITED FRAUDULENT ACTIVITIES

 

APPLICATION FRAUD

 

Income and Employment Misrepresentation:

  • False employment verification or fabricated pay stubs

  • Altered tax returns or W-2 documents

  • Overstated income from any source

  • Undisclosed employment gaps or job changes

  • Failure to disclose all debt obligations

Asset and Financial Fraud:

  • False bank statements or account balances

  • Borrowed down payment funds misrepresented as personal savings

  • Undisclosed liabilities or financial obligations

  • Gift fund documentation fraud

  • Credit repair scheme participation

Identity and Documentation Fraud:

  • Use of false Social Security numbers or identification

  • Identity theft or borrower impersonation

  • Submission of altered or fabricated documents

  • Digital manipulation of PDFs or electronic records

  • Straw borrower arrangements

PROPERTY FRAUD

 

Occupancy Misrepresentation:

  • False primary residence declarations

  • Investment properties misrepresented as owner-occupied

  • Vacation homes classified incorrectly for rate advantages

Valuation and Transaction Fraud:

  • Collusion with appraisers for inflated valuations

  • Property flipping schemes with artificial price inflation

  • Manipulation of comparable sales data

  • Undisclosed seller concessions or kickbacks

THIRD-PARTY COLLUSION

 

Professional Service Fraud:

  • Real estate agent kickback schemes

  • Appraiser valuation manipulation

  • Attorney or closing agent document fraud

  • Credit repair company violations

  • Fraudulent employment or income verification services

VERIFICATION PROCEDURES

 

Bennett Capital Partners implements comprehensive verification protocols:

Income Verification:

  • Direct employer verification for all income sources

  • Bank statement analysis for self-employed borrowers

  • Tax return verification through IRS transcripts

  • Cross-referencing of all financial documentation

Asset Verification:

  • Direct bank verification of all accounts

  • Source documentation for large deposits

  • Gift letter verification with donor bank statements

  • Investment account confirmation through custodians

Property Verification:

  • Independent appraisal requirements

  • Property inspection protocols

  • Title search and ownership verification

  • Occupancy confirmation procedures

Identity Verification:

  • Multi-source identity authentication

  • Credit report analysis for consistency

  • Background check protocols for high-risk transactions

  • Social Security number verification

RED FLAG INDICATORS

 

Immediate additional scrutiny required for:

  • Income increases exceeding 25% without clear documentation

  • Recent large deposits without adequate source verification

  • Property values significantly above neighborhood standards

  • Borrower reluctance to provide standard documentation

  • Rushed transaction timelines without valid justification

  • Inconsistent information across application documents

  • Multiple recent credit inquiries from mortgage lenders

  • Unusual employment history or frequent job changes

 

CONSEQUENCES OF FRAUD

 

CRIMINAL PENALTIES

Mortgage fraud violations may result in:

  • Federal prosecution under bank fraud statutes (18 U.S.C. § 1344)

  • Up to 30 years imprisonment for each violation

  • Fines up to $1,000,000 per count

  • Full restitution for all damages and losses

  • Asset forfeiture proceedings

CIVIL LIABILITY

 

Fraud participants face:

  • Treble damages under civil fraud statutes

  • Attorney fees and legal costs

  • Injunctive relief preventing future mortgage applications

  • Professional license revocation for licensed professionals

  • Permanent industry exclusion

IMMEDIATE CONSEQUENCES

  • Application denial and loan cancellation

  • Reporting to federal authorities including FinCEN

  • Credit bureau notification of fraudulent activity

  • Industry-wide fraud database reporting

  • Civil lawsuit for damages and legal fees

 

REPORTING SUSPICIOUS ACTIVITY

 

Bennett Capital Partners maintains strict reporting protocols:

Suspicious Activity Reports (SARs) filed with:

  • Financial Crimes Enforcement Network (FinCEN)

  • Florida Office of Financial Regulation

  • Federal Bureau of Investigation (FBI)

  • Local law enforcement agencies

Fraud Database Reporting:

  • National mortgage fraud databases

  • Industry consortium fraud prevention networks

  • Credit bureau fraud alerts

  • Professional licensing boards

 

BORROWER RESPONSIBILITIES

 

All loan applicants must:

  • Provide complete and accurate information on all application documents

  • Disclose all income sources, assets, and liabilities

  • Report any changes in financial circumstances during processing

  • Cooperate fully with verification procedures

  • Acknowledge understanding of fraud penalties

Borrowers certify that:

  • All information provided is true and complete

  • Documents submitted are genuine and unaltered

  • They understand the criminal and civil penalties for fraud

  • They authorize comprehensive verification of all information

  • They will occupy the property as declared on the application

 

THIRD-PARTY PROVIDER REQUIREMENTS

 

All referral partners and service providers must:

  • Maintain appropriate professional licenses and insurance

  • Comply with all applicable federal and state regulations

  • Implement fraud prevention procedures

  • Report suspicious activity immediately

  • Provide accurate and unbiased professional services

Professional Standards Required:

  • Real estate agents must disclose all compensation and conflicts

  • Appraisers must provide independent and unbiased valuations

  • Credit repair companies must comply with Credit Repair Organizations Act

  • Employment verification services must maintain accuracy standards

 

TECHNOLOGY AND SECURITY MEASURES

 

Bennett Capital Partners utilizes:

  • Advanced document authentication technology

  • Multi-factor identity verification systems

  • Automated fraud detection algorithms

  • Secure data transmission protocols

  • Regular security audits and monitoring

Data Protection:

  • End-to-end encryption for all communications

  • Secure document storage and transmission

  • Identity theft protection for borrowers

  • Breach notification procedures

  • Cybersecurity incident response protocols

 

QUALITY CONTROL PROCEDURES

 

Comprehensive loan review process includes:

  • Pre-funding verification of all high-risk applications

  • Post-closing quality control sampling

  • Early payment default analysis

  • Investor quality control compliance

  • Regular audit procedures

Documentation Requirements:

  • Complete audit trails for all loan decisions

  • Verification documentation retention

  • Compliance monitoring records

  • Incident reporting and corrective actions

 

CONSUMER PROTECTION

 

Borrower Education:

  • Fraud prevention information provided at application

  • Identity theft protection resources

  • Consumer rights under federal regulations

  • Financial literacy resources and counseling

Fair Lending Commitment:

  • Equal treatment regardless of protected class characteristics

  • Transparent lending criteria and procedures

  • Reasonable accommodation for disabilities

  • Multilingual assistance when appropriate

 

REGULATORY EXAMINATION COMPLIANCE

 

Bennett Capital Partners maintains:

  • Complete documentation for regulatory examinations

  • Cooperation with all regulatory authorities

  • Prompt corrective action implementation

  • Transparency in all business practices

  • Continuous compliance monitoring

 

POLICY UPDATES

 

This policy is reviewed annually and updated to reflect:

  • Changes in federal and state regulations

  • Industry best practices and standards

  • Technology advances in fraud prevention

  • Regulatory guidance and examination findings

Current Version: Effective [7/3/2025]
Next Review Date: [7/3/2026]

 

CONTACT INFORMATION

 

For fraud reporting or compliance questions:

 

Bennett Capital Partners, LLC

DBA: Bennett Capital Partners Mortgage Brokers
1101 Brickell Ave. STE #800
Miami, FL 33131

Phone: (800) 457-9057
Email: info@bcpmortgage.com
Florida MBR3891 | NMLS # 2046862

 

BORROWER ACKNOWLEDGMENT

 

By submitting a loan application, borrowers acknowledge:

  • They have read and understand this fraud prevention policy

  • All information provided is accurate and complete

  • They understand the severe penalties for mortgage fraud

  • They consent to comprehensive verification procedures

  • They will report any changes in circumstances immediately

This policy is designed to protect all parties in mortgage transactions and ensure compliance with federal and state regulations. Fraud hurts everyone in the mortgage industry and will be prosecuted to the fullest extent of the law.

Bennett Capital Partners

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For information purposes only.  This is not a commitment to lend or extend credit.  Information, dates, rates and program offerings are subject to change without notice.  All loans are subject to credit approval.  Bennett Capital Partners, LLC, is a licensed mortgage broker in Florida (NMLS #2046862) and not a lender.

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FAMP

Bennett Capital Partners Mortgage Brokers (DBA) Bennett Capital Partners, LLC,

1101 Brickell Ave STE 800, Miami, FL 33131, United States|(800) 457-9057 | Florida MBR3891 | NMLS 2046862

info@bcpmortgage.com 

1-800-457-9057

Equal Housing Opportunity

No mortgage solicitation activity or loan applications for properties located outside the State of Florida can be facilitated through this site. This site is intended for residents seeking mortgage loan origination services for properties located exclusively within the State of Florida. Bennett Capital Partners Mortgage Brokers is licensed only in Florida.

These materials are independent of HUD, FHA, USDA, and VA; no government agency has reviewed, approved, or endorsed any content on this site. Third-party resources, links, and external information are provided for convenience and do not constitute endorsement by Bennett Capital Partners. Content is for general informational purposes only and does not constitute legal, tax, or investment advice; please consult qualified professionals for guidance specific to your circumstances.

Rate & Loan Program Disclosure: Advertised rates are samples only and vary based on credit score, loan amount, loan-to-value ratio, debt-to-income ratio, property type, occupancy, and other underwriting factors. Not all borrowers will qualify for advertised rates or loan programs. Bennett Capital Partners acts as a mortgage broker, working with multiple wholesale lenders to provide loan options - final loan approval and terms are determined by the chosen lender, not Bennett Capital Partners.

Equal Housing Opportunity: We provide equal housing opportunities to all persons regardless of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, gender identity, or any other characteristic protected by law. We are committed to fair housing practices and work with Equal Housing Lenders.

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