In the Fight on Real Estate Fraud, Every State Can Learn from Georgia
Georgia’s push to irradiate real estate and mortgage fraud began with the premise that the victims of fraud are not just large, faceless financial institutions. The victims–as Flipping Frenzy readers well know–include individuals and damaged neighborhoods and communities where fraud-related delinquencies and foreclosures contribute to the deterioration of residential properties, resulting in lower home values and distorted tax assessments. In Georgia, many homeowners and community leaders became concerned about the impact that extensive fraud activity was having on the quality of life and real estate in two of the state’s neighboring counties near Atlanta.
Some of the affected neighborhoods became homes for squatters, drug traffickers, prostitutes and car theft rings.
In March of 2001, a loose confederation of people interested in addressing mortgage fraud met for the first time. They called themselves the Georgia Real Estate Fraud Prevention and Awareness Coalition (GREFPAC) and characterized themselves as “outraged at the impact [of mortgage fraud] upon their families’ and neighbors’ quality of life and safety.” According to the latest Mortgage Bankers Association / Mortgage Asset Research Institute Periodic Mortgage Fraud Case Report, GREFPAC deserves significant credit for mobilizing, educating and energizing many of the parties involved in Georgia’s attack on fraud.
In late 2003, the Georgia Department of Banking and Finance made the fight against mortgage fraud a priority by introducing a new examination program that focused significant resources on anti-fraud efforts. Subsequently, the number of Cease and Desist Orders and license revocation actions rose dramatically.
In May of 2005, the Georgia Legislature responded to passed the Georgia Residential Mortgage Fraud Act. In doing so, Georgia became the first state to criminalize mortgage fraud and provided severe penalties of up to 10 years in jail for first offenders and 20 years per property for violations involving multiple properties and loans. The legislation became effective immediately upon being signed by the governor and, within days, four people were arrested and charged under the Act.
About the same time, Georgia’s Department of Banking and Finance took steps to have all of its mortgage examiners trained and qualified as Certified Fraud Examiners.
Law enforcement officers set up sting operations in which more than three-dozen arrests were made at, or near, the closing table. Additional arrests, indictments and prosecutions followed at both the state and federal levels. They focused on mortgage brokers, bank officers, closing attorneys, paralegals, Real Estate agents, appraisers and straw borrowers involved with multiple properties. One closing attorney received a 30-year federal sentence, and jail time was handed down for others involved with her—paralegals, mortgage brokers, real estate agents, appraisers and a money launderer.
Today, some six-plus years after Georgia sprung into action, there continues to be dialogue, interaction, education efforts and cooperation among members of the Real Estate industry, their regulators, representatives of victimized neighborhoods and law enforcement. The FBI, the Georgia Department of Banking and Finance, and the offices of the U.S. Attorney and the Georgia Attorney General have conducted training. Cooperative investigations have involved local police, the Georgia Bureau of Investigation, the FBI, HUD, IRS, U.S. Secret Service, FDIC, the VA and the U.S. Postal Inspection Service.
The result: MARI’s latest Periodic Mortgage Fraud Case Report shows that Georgia has the greatest improvement from prior years’ rankings, slipping from first and fourth place nationwide in terms of incidences mortgage fraud in 2006.


