Mortgage Fraud Becomes a Key Issue from the Trump Era—What You Should Know
Mortgage Fraud Allegations and Investigations
- Trump's Accusations: President Donald Trump has accused Federal Reserve Governor Lisa Cook, New York Attorney General Letitia James, and California Senator Adam Schiff of mortgage fraud, while Texas Attorney General Ken Paxton faces similar allegations regarding inaccuracies in mortgages he signed.
- Trump's Legal Troubles: In 2023, a New York judge ruled that Trump committed fraud by inflating property values for loans. His previous venture, Trump Mortgage LLC, closed after just one year amid lawsuits.
Current Investigations and Legal Implications
- Special Prosecutor Appointment: Ed Martin has been appointed as a special prosecutor for the mortgage investigations against James and Schiff, which could impact the Federal Reserve's independence.
- Cook's Legal Action: Cook's lawyers are seeking a restraining order to prevent Trump from firing her, following his fraud allegations.
Mortgage Market Conditions
- Affordability Crisis: A Zillow analysis indicates that for a median-income family to afford a typical U.S. home, prices must drop by 18% or mortgage rates must fall to 4.43%. Currently, mortgage payments are nearly $1,000 higher per month than pre-pandemic levels.
- Rising Mortgage Fraud: As home prices soar, mortgage fraud is increasing. In Q2 2025, undisclosed real estate debt rose by 12%, and transaction fraud risk increased by 6.2%.
Patterns of Mortgage Fraud
- Common Fraud Techniques: Mortgage fraud often involves inflating income or assets, falsifying documents, misrepresenting property values, and using straw buyers or identity theft to secure loans.
Consequences of Mortgage Fraud
- Legal and Financial Repercussions: Discovering mortgage fraud can lead to loan denial, foreclosure, legal penalties, and credit damage. Federal penalties can reach up to 30 years in prison per count, with varying state laws.
Broader Housing Market Issues
- Housing Crisis Factors: The U.S. faces a housing crisis due to insufficient home construction, rising building material costs from tariffs, and stagnant wage growth, which has not kept pace with housing costs.
- Investor Impact: Investors buying homes to rent or flip have further tightened the market, reducing inventory for first-time buyers.
Market Reaction and Future Outlook
- Real Estate ETF Performance: Real estate ETFs are underperforming, with most showing negative trends over the past year. For instance, the SPDR S&P Homebuilders ETF is down 1.63%.
- Trump's Political Standing: Despite his mortgage fraud claims, a recent Quinnipiac University poll shows only 37% of voters approve of Trump's performance, indicating a potential disconnect with voters.
- Proposed Merger of Fannie Mae and Freddie Mac: Trump has suggested merging these entities into a new corporation, which could expand the mortgage market for first-time buyers, although details remain unclear.
Trade with 70% Backtested Accuracy
Analyst Views on XLRE

No data
About the author


Squatting Incident: A Sacramento couple, Karen and Skip Moriarty, faced significant financial strain after renting their home to tenants who stopped paying rent and left the property in disrepair, highlighting challenges landlords face in California's eviction process.
Real Estate Investment Alternatives: For those deterred by traditional property management, options like crowdfunding, real estate investment trusts (REITs), and platforms like Arrived and Mogul allow investors to participate in real estate markets with lower capital and without the responsibilities of direct ownership.
Short Interest Trends: As of November, average short interest in S&P 500 real estate stocks rose to 2.80%, with office REITs being the most shorted at 6.41%.
Performance of Real Estate ETFs: The Real Estate Select Sector SPDR Fund ETF (XLRE) gained 2.06% in November, contrasting with the S&P 500's slight loss of 0.04%.
Notable Changes in Short Bets: Iron Mountain (IRM) experienced the largest increase in short interest, rising to 3.38%, while Host Hotels & Resorts (HST) saw the most significant decline to 5.19%.
Least and Most Shorted Stocks: BXP remains the most shorted stock at 6.43%, while Prologis is among the least shorted at 1.27%, indicating varying levels of investor sentiment across the sector.

Bipartisan Housing Measure Blocked: House Republicans removed the bipartisan ROAD to Housing Act from the National Defense Authorization Act, opting to pursue a stand-alone bill next year, which raises concerns about the future of housing affordability reforms.
Warren's Criticism of GOP Priorities: Senator Elizabeth Warren criticized House Republicans for their inaction on housing costs, contrasting it with the Trump administration's luxury renovations at the White House, highlighting a perceived neglect of essential needs.
Political Threat Ahead of Midterms: Warren warned that if House Republicans continue to block housing cost legislation, Democrats would push for it themselves if they regain control of Congress in 2026.
Call for Action on Housing Crisis: Senator Tim Scott emphasized the urgency of addressing the housing affordability crisis, stating that families are suffering from rising costs and urging his colleagues to support the stalled legislation.

Market Performance: The S&P 500 Real Estate Index fell 1.50% this week, with significant declines across various real estate indices, while year-to-date returns show considerable variation among property types, particularly favoring health care REITs.
Company Updates: SL Green Realty's earnings guidance missed expectations, while Ryman Hospitality Properties raised its dividend. Other companies like Hudson Pacific Properties and Ventas announced adjustments to their financial outlooks and public offerings.
Winners & Losers: Alexandria Real Estate Equities was the worst performer, down 15.26%, while Digital Realty Trust saw a gain of 2.88%. Broader declines were noted in Ashford Hospitality Trust and Franklin Street Properties.
Sector Insights: Health care REITs are projected to achieve the highest returns, while residential REITs are expected to struggle due to affordability challenges and supply constraints, indicating a mixed outlook for the real estate sector.

Record ETF Growth: The U.S. ETF industry reached a record $13.2 trillion in assets in November, driven by $147.7 billion in inflows, contributing to a year-to-date total of $1.26 trillion.
Equity ETFs Lead Inflows: Equity ETFs attracted $103.2 billion in November, accounting for nearly 70% of total inflows, reflecting strong investor confidence in U.S. stocks despite mixed economic signals.
Moderating Bond Demand: Bond ETFs saw a decrease in inflows to $43.7 billion in November, indicating a potential shift back to risk assets as investors respond to changing market conditions.
Sector Performance Variability: While the Health Care Select Sector SPDR ETF saw significant inflows of $850 million, Consumer Staples and Utilities experienced notable outflows, suggesting a rotation away from defensive investments.






