How does a lender detect fraud?
Lenders have multiple stringent requirements and systems to detect fraud, and regulations keep tightening to strengthen processes.
Most fraud is caught before the mortgage application finalizes, as bank reps, licensed mortgage brokers, underwriters, and lawyers perform due diligence.
But if an application gets through, detection can happen afterwards if:
- Realtors, mortgage brokers, or other professionals are convicted of fraud — lenders are informed and search for mortgages involving those individuals.
- A homeowner or other individual may discover the fraud and report it.
- The fraud may be uncovered at renewal or through a refinance, when details are revisited.
- A change to a homeowner's financial situation can trigger a mortgage review.
- New regulations might prompt reviews.
What should you do if your realtor or broker has committed fraud?
You may have knowingly or unknowingly allowed mortgage fraud to be committed on your behalf. Innocent people are often involved, trusting the wrong person or not doing enough research.
Get independent legal advice first, before talking to the police or lender about your situation.
Your bank may also contact you and is likely to refuse to renew your mortgage. If you signed fake papers, you'll be on the hook and will need to work with the lender and the authorities to sort it out.
What other consequences could you face for being involved in mortgage fraud?
Depending on the details, you may not face a criminal record if a professional is caught and you didn't originate the fraud. The mortgage fallout is often the price you'll pay.
However, you may still face legal action if a lender or injured party sues you directly to recover financial losses and damages.
Want to report suspected mortgage fraud?
If you're working with a mortgage broker and suspect fraud and wish to report it, depending on your situation, here are some suggestions:
- If the broker is part of a company, report the broker's activity to the brokerage owner. If you don't feel comfortable with this option, please see below.
- You can contact the provincial broker regulator in your province — see the list here.
- You can contact the RCMP in your area.
Provincial regulators handle complaints about licensed brokers and don't operate at the municipal level. Local police will likely direct you to the RCMP.
For fraud in general, such as identity theft or title fraud, contact local police and the Canadian Anti-Fraud Centre (CAFC). The CAFC asks victims to report even if no money was lost, and to report to local police as well.
Tips on how to protect yourself (and your future home) from fraud.
It's all about buyer beware! At the end of the (mortgage) day, it's your name on your docs and mortgage, and you're responsible for the contract.
Look for red flags from the professionals you're dealing with, such as
- Promises that seem too good to be true, like an approval regardless of your financial standing
- Efforts to create fear around your approval going through
- Offers to create documents to improve your application
- Pressure to sign documents without reading them or that you aren't sure of
- Paying a fee for services relating to 'improving' your application
- Suggesting you take out a private loan with them (which usually comes with a high interest rate) for down payment help
- An offer to have another party buy the home you can't afford, with arrangements to pay them back
Other essential tips:
- Use a trusted, vetted mortgage broker — you can check whether they're licensed.
- Ask to see the documents and application before they're submitted to the lender.
- Read the fine print, always. If you have concerns, get a second opinion from a financial consultant, lawyer, or another mortgage broker.
- Keep copies of every document that you sign.
- Never let anyone forge, fabricate, or alter information about your income, employment, or down payment sources.
- If you know you can't qualify, don't look for legal loopholes. Use the information to strengthen your file, and seek advice from a vetted source who can help you strategize to reach your homeownership goals.
See more comprehensive document details to watch for, along with a list of provincial broker regulators, in our Mortgage Fraud FAQ below.
If you're working with an independent broker, confirm they're licensed with your provincial regulator and check for any past disciplinary action — but remember, a clean record isn’t a guarantee. Consider using a brokerage that fully vets and monitors its brokers (like True North).
Avoid your own Nightmare on Elm Street.
The right mortgage advice supports legal ways to strengthen your application, like using side hustles or non-traditional income sources, finding a lender or product solution with the features you need, taking advantage of government programs for first-time home buyers, and getting your best rate to help you qualify for more home.
Our friendly, expert brokers know and follow the regulations. They put you first, not the lender, and offer free, unbiased advice on strategies to pay down debt, improve your credit, and gather a down payment.
Skip the nightmare — and let us help you get the home on Elm Street that fits your budget.
Anywhere you are in Canada, we're here for all your mortgage needs. Apply with us online, by phone or email, or drop by a store location near you.
Disclaimer: This article is for general information only and is not legal advice. If you have questions about a loan or think you may be a victim of fraud, contact a lawyer or the local authority.