Sponsored by the Bar Association of Erie County, the Buffalo Niagara Association of Realtors, the Appraisal Institute WNY-Ontario Chapter and the Western New York Law Center.

Fraud in Real Estate and Mortgage Transactions

This program was designed for attorneys and real estate professionals who want to detect and avoid fraud in real estate and mortgage transactions. The presenters include a variety of professionals from the Buffalo Niagara Association of Realtors, The Appraisal Institute of Western New York, and the Bar Association of Erie County. Additionally, the program will present the federal and state law enforcement response to fraud in these transactions by members of some of those organizations. Presentations include descriptions of recent scams involving mortgages and foreclosures.

Part 1: Mortgage Fraud in the Real Estate Transaction - From Listing to Closing

Introductory remarks by William J. Hochul, Jr., United States Attorney, New York Western District (WDNY)

Appraiser Issues presented by Adam Alessi, Appraisal Institute of Western New York - Ontario Chapter
- Introduction - Licensing, Standards & Ethics, Oversight
- Appraisal Fraud - Motivations, Economic Impact, Identification and Prevention
- Market Influences, AMC's, BPO's and AVM's
- Institutional Lending Regulatory Compliance - Appraisal Process, Appraiser Independence
- New Legislation and Regulator Environment - Elimination of the Home Valuation Code of Conduct, the Dodd-Frank Act, Implications, Enforcement
- Industry Outlook

Realtor Issues presented by Charlene Zoratti, State Director, New York State Association of Realtors, 2004 President of the Buffalo Niagara Association of Realtors
- Mortgage Fraud is a Lender Issue - NOT
- Mortgage Fraud Quiz
- Case Studies
- Mortgage Fraud is Rising - What is our Role as Realtors
- Everyday Issues Including the Appraisal Process

Mortgage Fraud and Attorney Ethics in Real Estate Transactions - A Practical Review presented by Michael Lombardo, Esq., Chair, Real Property Law Committee, BAEC; Jennifer Hurley, Esq., Law Offices of Jennifer A. Hurley; Susan Eagan, Esq., Attorney Grievance Committee, Appellate Division, 4th Dept.
Six case patterns dealing with fraud issues through the use of scenarios that reflect practical situations, to assist real estate professionals, and in particular attorneys, to learn how to detect and avoid fraud while ethically providing client representation.

Part 2: Law Enforcement Response to Mortgage Fraud

Mortgage Fraud presented by Kathleen Lynch, Assistant US Attorney WDNY
- Civil and Criminal Tools to Combat Mortgage Fraud
- What is Mortgage Fraud and Who Are the Fraudsters?
- What is the WDNY Mortgage Fraud Task Force?
- How Do We Prosecute Mortgage Fraud?

US Department of Housing and Urban Development Response to Mortgage Fraud presented by Heather Yannello, Special Agent, HUD Office of the Inspector General
- The Darling Case Study
- What Can You Do?
- Reflect
- Report
- Responsible

New York State Mortgage Fraud Unit presented by Jack Massaro, Criminal Investigator, Mortgage Fraud Unit, New York State Banking Department
- Mortgage Banking Division Regulatory Oversight
- Criminal Investigations Bureau
- The Arms of the Mortgage Process
- Definition of Mortgage Fraud
- Fraud for Housing vs. Fraud for Profit
- Who Suffers

The FTC's Response to the Mortgage Crisis prepared by Leonard Gordon, Assisting Acting Regional Director, Federal Trade Commission, Northeast Region (presented by Kathleen Lynch, Assistant US Attorney WDNY)
- Mortgage Advertising
- Mortgage Servicing
- Mortgage Assistance Relief Services

Date of original presentation: 12/01/2010

Viewing time: 5 hours 26 minutes

CLE credit: 4.0 Professional Practice, 1.5 Skills, 1.0 Ethics

Cost for viewing this training if CLE credit is requested: $150.00 for members of the Bar Association of Erie County (BAEC); $230.00 for non-members. There is no charge for viewing this training unless CLE credit is requested

Financial Hardship Policy available upon request. Contact Mary Kohlbacher, Director of Continuing Legal Education, BAEC

Newly admitted attorneys in New York State cannot receive CLE credit for online training.

If you are an attorney who is not licensed in New York State and want CLE credit, please check to see if your state allows New York State CLE credits to be applied to your state's CLE requirements.