Mortgage Fraud Defense Attorneys

When it comes to the world of real estate, one of the most common charges brought before the federal court has to do with mortgage fraud. This is a particularly serious charge, and when you add to that the fact that those charged are typically just trying to secure housing, the effects can be particularly devastating in the event that an individual gets convicted of such a charge.

Along with a harsh prison sentence, those charged with mortgage fraud will likely lose the house or property involved. Added to that is the stigma of having such a charge, especially later on if you try and secure different housing down the road, and you can clearly see why mortgage fraud can be a particularly serious charge to have leveled against you.

The good news in cases like these is that you’re not alone, or you at least don’t have to be. If you secure the right legal counsel, not only will you be able to fight the charges that have been brought up against you, but you’ll have an advocate in your corner that has access to the resources you need, the experience to win and set your mind at ease, and the drive and motivation to make that happen as soon as possible.

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What Are the Different Mortgage-Related Offenses?

In order for mortgage fraud to be successfully prosecuted, it must be proven that there was a willful misrepresentation of the facts when a loan application or similar documentation was filled out, typically to either qualify for a mortgage loan or similar benefit. This use of the word “willful” is particularly important to both you and your defense attorney. If your lawyer can prove that any irregularities in the application were not done willfully but instead were done accidentally, then you’ll have a serious chance of beating any charges against you.

There are many charges that can instead be prosecuted at the state level, and while we won’t cover those here, it’s still important to know what they are, as variations of these charges can also be brought up at the federal level where applicable. Some of these charges include larceny, bribery, forgery, and other related charges. When mortgage fraud is tried and prosecuted at the federal level, however, the FBI’s Financial Institution Fraud Unit has jurisdiction over any and all cases.

What Are Some of the Classifications of Mortgage Fraud?

Among the many different charges that fall under the umbrella term of mortgage fraud, there are things like a fraud for profit, which basically involves inflating the value of a property, seeking out loans for properties that don’t exist, and other similar actions that would benefit a real estate professional.

Another type of mortgage fraud has to do with what is called fraud for housing. This covers the flip side of what we just discussed, namely fraud that’s carried out by a buyer in order to secure favorable rates on a mortgage loan or gain access to a property that they otherwise wouldn’t ordinarily qualify for. This is most commonly done through exaggerating income, but there are other actions that fall under this term, such as scams or using a nonexistent buyer to secure a property.

Another action that falls under the purview of so-called fraud for housing cases has to do with what is known as the Silent Second scheme, in which a buyer takes out a second loan in order to pay for their mortgage loan, unbeknownst to the bank or the second loan provider.

In all of these situations and countless others like them, the federal authorities will aggressively investigate and prosecute any instances of mortgage fraud that they uncover. What’s more, any crimes that somehow involve a financial institution tend to carry stiffer penalties. Along with possible restitution and incredibly high fines, those convicted of mortgage fraud can also expect to serve years if not decades of their lives behind bars if they face conviction.

What Can Be Done to Protect My Rights?

As mentioned earlier, one of the most potent defenses an attorney can focus on has to do with whether any irregularities in the mortgage loan process were accidental or willfully done. The prosecution has the burden of proving without a shadow of a doubt that the defendant willfully misled the financial institution as well as the seller to commit mortgage fraud, while the defense only needs to introduce enough doubt to have charges ultimately dropped.

As you can see, the right legal counsel can truly be the difference between spending a large chunk of your life behind bars and having charges against you reduced or even dropped entirely before you even step foot into a courtroom. While this is definitely possible, it doesn’t mean that every legal firm has the capability to make this happen. Not every legal firm is equal, and even groups that have plenty of experience at the state level will not necessarily be able to find success for you at the federal level, where proceedings are much different and the stakes are far higher.

How Norman Spencer Law Group Can Help in Mortgage Fraud Cases

Whether you’re facing criminal charges or just an investigation into something like mortgage fraud, the Norman Spencer Law Group has the expertise, skill, track record, and resources necessary to ensure your success. Our group of attorneys has a combined 70+ years of experience representing all types of cases, including ones just like yours. No case is too big or small for us, too simple or complex.

So if you’re facing any sort of legal problems, especially as they relate to mortgage fraud, get in touch with us right away. Let us know who you are, what you’re facing, and how we can best get in contact with you. A member of our team will get back to you as soon as possible, and we’ll get started on getting you the help that you need.