Hard money loans are a go-to option for real estate investors and borrowers who need fast access to funds or who may not qualify for traditional financing due to poor credit or complex financial situations. However, with speed and flexibility comes risk. The hard money lending industry, due to its less regulated nature, has become a prime target for scammers looking to exploit vulnerable borrowers.
In fact, according to the Federal Trade Commission (FTC), loan fraud cases have been steadily rising, with hard money lending being one of the key areas affected. The urgency many borrowers feel when securing these loans often blinds them to the warning signs of potential scams, leading to financial losses, legal entanglements, and damaged credit scores.
In this blog, we’ll explore some of the most common scams in the hard money lending space and provide practical tips to help you avoid them.
The “Too Good to Be True” Offer
A typical hard money loan fraud that many people fall for is one where lenders promise ridiculously low interest rates or little paperwork. Although these offers may make you want to act immediately and purchase some of these products, they are mostly scams. Such offers may be used by scammers to attract borrowers, and, later, apply an extremely high interest rate or come up with other occasionally mentioned conditions.
Tip: Do not let greed cost you a lot of money – watch out for scams and tend to stay away from hard money lenders that sound all too promising. Make sure to do an adequate comparison of the rates from the various lenders so that you can get the best deal.
The “Upfront Fee” Scam
It is quite common that some of the scammers will ask for upfront charges before you can get the loan approved. These fees can be for anything including processing fees, application fees, or what industry players refer to as “good faith” deposits. However, most legitimate hard money loan lenders cannot demand upfront fees as that is against the law.
Tip: Do not make upfront payments where you are promised a loan after making some deposits. If a lender asks for upfront charges, then it is better to avoid them as they are fake.
The “Ghost Lender” Scam
In this scam, some fake lenders collect fees upfront, promising to deliver loans, but then disappear entirely. These lenders may initially appear legitimate by setting up websites or advertising professional-looking platforms, only to vanish after taking the borrower’s money. Victims are often left with no way to contact the lender after the transaction.
Tip: Always ensure the lender has a verifiable physical presence or reliable contact details. Avoid doing business with lenders that request payment in unconventional ways, such as wire transfers or digital payment services, which can be difficult to trace.
The “High-Pressure Sales Tactics” Scam
Borrowers may also be pressured at every level to act quickly to pay a particular amount towards their debt as scammers make away with their money. They may tell the victim that the loan offer is special and is hardly available or that many people have shown interest in the property.
Tip: Do not be in haste to make any decision. It is also very important that you give yourself adequate time to research the correct hard money lender and related terms of the loan.
The “Bait-And-Switch” Scam
In this common scam, lenders lure borrowers with attractive loan terms, such as low interest rates or favorable repayment schedules. However, once the borrower is committed, they suddenly change the terms, increasing fees or adjusting the repayment schedule drastically. At this point, the borrower may feel trapped because they’ve already invested time and money.
Tip: Always double-check the loan terms before committing. Compare the initial offer with the final agreement to ensure they match. If the lender changes the terms at the last minute, be prepared to walk away.
The “Fake Lender” Scam
It is also important to note that some of the scammers can present themselves as hard money loan lenders who are genuine. They seem to be legitimate, they may have a good website, saying they are licensed and insured and all that. However, they may not have the legal permits or the insurance required to operate as a lending company.
Tip: You should also check the authenticity of the lenders’ licenses with your state licensing agency. – You can also look at the internet, customers’ reviews, and feedback when they encounter a particular lender.
“Non-Disclosure Of Loan Terms” Scam
Some lenders may hide or omit critical details about the loan, such as balloon payments, penalty clauses, or interest hikes after a specific period. Borrowers often only discover these details when it’s too late, leading to significant financial strain or even foreclosure. This is particularly common with unscrupulous lenders looking to trap borrowers into unsustainable loan terms.
Tip: Ensure you fully understand all loan terms and conditions before signing any documents. Ask specifically about any hidden fees, balloon payments, or unusual clauses. If the lender hesitates or downplays these questions, consider it a red flag.
The “Loan Modification Scam”
It can also involve deceitful assurances that a borrower can modify an existing hard money loan as offered by thieves. This type of agent may promise them the ability to reduce the interest rate or prolong the loan term. However, these scams may be in the form of charging hefty fees and using the money to make fake promises.
Tip: Stay wary of anyone who claims to offer to alter the current loan that you have in existence. If you’re having trouble paying your bills, you should talk to your Credit Provider to find out what you can do.
The “Title Theft” Scam
Did you know that fraudsters may try to take the title to your home? They may achieve this by counterfeiting documents or putting fake encumbrances against the property.
Tip: Safeguard your property title by preparing a deed restriction that would confine the transfer of title unless by your written approval.
Beyond These Key Points, Here Are Additional Tips To Safeguard Yourself:
Beyond understanding the common scams, it’s essential to take proactive measures when considering a hard money lender. Follow these steps to protect yourself and ensure you’re working with a legitimate, trustworthy lender:
Conduct Thorough Background Checks
Before committing to any lender, search public databases for any lawsuits, complaints, or legal actions filed against them. You can use online resources like the Better Business Bureau (BBB) or websites that track lending companies’ legal history.
Verify Insurance and Licensing Claims
Legitimate hard money lenders must carry proper insurance and licensing. Request documentation that proves they are licensed to operate in your state. You can also contact state licensing boards to confirm the lender’s license is active and in good standing.
Check Customer Reviews and References
Go beyond a lender’s website and look for customer reviews on third-party platforms. If possible, ask the lender for references of previous clients and follow up with them to get an unbiased perspective on their experience.
Confirm Their Physical Location
Be cautious of lenders who lack a physical office or only conduct business online. Verify their business address and make sure they are not operating out of temporary spaces or virtual offices. A legitimate lender will often welcome you to their office to discuss loan terms in person.
Review Their Loan Terms Carefully
Pay attention to details like hidden fees, balloon payments, or penalties for early repayment. If the lender is hesitant to provide clear information or brushes off your concerns, this could be a red flag.
Ask About Their Underwriting Process
Legitimate lenders will have a formal underwriting process that includes a thorough evaluation of the borrower’s ability to repay the loan. Ask for details about their underwriting criteria and make sure the process feels professional and detailed.
How to Vet a Hard Money Lender?
When evaluating a hard money lender, follow this step-by-step checklist to protect yourself from potential scams:
- Research Their Background:
- Look for any lawsuits or complaints using online public databases.
- Check the Better Business Bureau (BBB) or other platforms for reviews.
- Verify Licensing and Insurance:
- Request proof of licensing and verify it with your state licensing agency.
- Ask for proof of insurance and ensure it’s valid.
- Investigate Their Reputation:
- Look for reviews on independent platforms (not just their website).
- Contact references provided by the lender, if available.
- Visit Their Office (If Possible):
- Confirm the lender has a verifiable physical business location.
- Be cautious if they operate purely online or from virtual offices.
- Thoroughly Review the Loan Terms:
- Check for hidden fees, balloon payments, or vague clauses.
- Request clarification on any unclear terms or fees.
- Evaluate Their Underwriting Process:
- Ask how they evaluate borrowers and the specific underwriting steps they take.
- Ensure their process feels professional and transparent.
- Consult Legal or Financial Experts:
- If you have any doubts, consult a real estate lawyer or financial advisor to review the loan terms and the lender’s credibility.
By following this checklist, you can ensure that you’re working with a legitimate lender and avoid falling prey to common scams.
What To Do If You Are Scammed?
Here are some important actions you may take to safeguard yourself and potentially retrieve lost money if you think you’ve been scammed:
File a Complaint with State Licensing Boards
Every state has a licensing board that oversees lenders, including hard money lenders. If you suspect fraud, you can file a formal complaint with your state’s regulatory body. They will investigate the matter and take action if the lender is operating illegally.
Report to the Consumer Financial Protection Bureau (CFPB)
Borrowers, particularly those interacting with hard money lenders, are safeguarded by the CFPB. By registering a complaint, you can provide the CFPB the opportunity to look into the lender and take legal action on your behalf.
Contact the Federal Trade Commission (FTC)
If the scam involves false advertising, misleading practices, or fraudulent activity, you can report it to the FTC. The FTC takes action against fraudulent lenders and provides resources to help consumers avoid scams.
Pursue Civil Litigation
Depending on the extent of the fraud, you may be able to recover your losses through civil litigation. Consult a legal professional who specializes in financial fraud or real estate law to explore your options for suing the lender.
Contact Law Enforcement
In severe cases where large sums of money are involved or if the fraud is part of a larger criminal operation, contact local law enforcement or the FBI. They may open a criminal investigation, which could lead to restitution.
Monitor Your Credit and Financial Accounts
Lenders that commit fraud may also try to steal identities. Keep an eye out for any unusual activity in your bank accounts and credit reports. Put a fraud alert in place with the major credit reporting agencies on your credit file, if necessary.
Seek Legal Advice
If you’re uncertain about how to proceed, it’s always a good idea to consult with a lawyer who can help you navigate the legal options available to you.
Know Your Rights: Legal Protections for Borrowers
Hard money borrowers have legal protections designed to ensure transparency and fairness in loan agreements. Understanding your rights can prevent you from becoming a victim of fraud and can help you hold lenders accountable if they violate these laws. Below are some of the key protections that every borrower should be aware of:
Truth in Lending Act (TILA)
The Truth in Lending Act requires lenders to clearly disclose the terms of a loan, including the interest rate, annual percentage rate (APR), fees, and repayment schedule. This law ensures that borrowers fully understand the cost of the loan before they commit. If a lender fails to provide these disclosures or misrepresents the loan terms, they may be in violation of federal law.
Tip: Always review the TILA disclosure carefully and ensure that the lender provides a clear breakdown of all costs involved. If the terms seem unclear or inconsistent, it’s a red flag.
State-Specific Licensing and Usury Laws
In addition to federal protections, each state has its own laws governing hard money lenders. These may include licensing requirements, maximum interest rates (usury laws), and regulations on loan terms. For example, some states cap interest rates that lenders can charge, while others require hard money lenders to hold specific licenses to operate legally.
Tip: Before proceeding with a hard money loan, check your state’s licensing requirements and usury laws. You can typically verify a lender’s licensing status with your state’s financial regulatory agency.
Fair Lending Practices
Federal laws like the Fair Housing Act (FHA) and Equal Credit Opportunity Act (ECOA) protect borrowers from discriminatory practices in lending. When making loans, hard money lenders are not allowed to discriminate on the basis of age, sex, marital status, national origin, race, color, or religion.
Tip: If you suspect that a lender is discriminating against you or providing different terms based on these factors, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or the Consumer Financial Protection Bureau (CFPB).
Right to Rescind Certain Loans
Under the TILA, some loans come with a “right of rescission,” allowing borrowers to cancel the loan agreement within three business days after signing. This right applies to certain loans secured by your home. While this may not always apply to hard money loans, it’s important to ask your lender whether this protection is available.
Tip: If you feel pressured into signing a loan agreement, review your rights to rescind and make sure you’re fully comfortable with the terms.
Prohibition on Unfair Practices
The Federal Trade Commission (FTC) prohibits deceptive and unfair lending practices. Lenders who engage in false advertising, fail to disclose important loan terms, or charge unlawful fees can be held accountable under these laws.
Tip: Make a complaint to the FTC if you think a lender has been unfairly acting; the agency is able to look into and punish dishonest lenders.
Conclusion
For real estate investors, hard money loans can be an effective tool, but there are hazards associated with them, particularly when scammers are involved. Staying vigilant, conducting thorough due diligence, and understanding your legal rights are essential steps to protect yourself from fraud. Always verify the credibility of lenders, ask the right questions, and never rush into a deal. Building long-term relationships with trusted, reputable lenders will help you avoid pitfalls and secure better loan terms.
If you’re unsure or need guidance, feel free to connect with the experts at Munshi.Capital, who offer transparent and reliable hard money loans to help you achieve your financial goals.
