Mortgage Fraud Lawyer

Straw purchases, house flipping schemes, equity skims, and inflated appraisals are all examples of mortgage fraud. This is a federal crime committed by some homebuyers, real estate attorneys, mortgage brokers, appraisers, and other real estate market professionals. The intent of mortgage scams is to defraud the lending system.

The federal government aggressively investigates and prosecutes allegations of mortgage and bank fraud. These cases have been in the spotlight recently after the recent economic downturn and housing crisis.

Therefore, if you are accused of committing mortgage fraud violating federal law, you could be charged with a federal offense and face harsh criminal penalties.

If you or someone you love faces mortgage fraud charges in federal court, you will need the best defense possible to avoid a criminal conviction. At Perlman Defense Criminal Lawyers, we have plenty of experience with federal mortgage fraud cases. Contact our Mortgage Fraud lawyer to schedule a free consultation if you face allegations of running mortgage fraud schemes.

Our Seasoned Mortgage Fraud Defense Lawyer Defends Your Rights

Perlman Defense Criminal Lawyers is a top-rated criminal defense firm. Our seasoned attorneys are trained to handle all federal mortgage, appraisal, real estate, and bank fraud cases throughout the United States.

Successfully navigating the federal criminal process and knowing the criminal charges brought against you can be confusing and stressful. Even if you are innocent, let our lawyers fight for you.

Lean on Our Experience To Protect Your Rights

Daniel R. Perlman and his team of respected federal criminal defense attorneys have extensive experience dealing with federal judges and prosecutors. We know what it takes to win a federal mortgage fraud case.

Our lawyers can assist you at any stage of your criminal case. Let fraud lawyer from us stand by your side every step of the way until the conclusion of your case. Call us now if even a single real estate transaction is in question. Do not wait for the case to build before hiring experienced legal counsel.

Our Mortgage Fraud Attorney Provides a Comprehensive Defense

At Perlman Defense Criminal Lawyers, we understand how stressful and frightening it can be to face federal criminal charges. Allegations that you tried to or did commit mortgage fraud are critical. We will do everything we can to ensure you receive a fair outcome in your criminal case.

Our top priority is protecting your rights and representing your best interests. That includes building a strong case on your behalf. With our defense team, you maximize your chances of getting the charges dismissed or obtaining an acquittal at trial.

When you hire our top law firm, to represent your mortgage fraud case at the state or federal level, you can expect personalized attention and professional, knowledgeable service. Contact Federal Criminal Defense Pro today. Have our trial-tested criminal defense lawyers review your case in a no-cost consultation.

What is Mortgage Fraud?

Mortgage fraud, also known as bank fraud, is a broad legal term covering various unlawful acts. They involve any situation in mortgage lending process where a person or company uses a false statement, or inaccurate information on a mortgage document for personal gain.

For the purposes of pursuing criminal charges for fraud related to mortgages and bank loans, the federal government recognizes two types of mortgage fraud offenses:

• Fraud for housing. A borrower submits inaccurate or incomplete information. The goal is to qualify for a mortgage loan or to obtain more favorable loan terms.
• Fraud for profit. A mortgage broker, appraiser, or some other real estate professional commits fraud. The aim is to profit from a property or transaction.

Any party involved in the mortgage lending process—the homebuyer, mortgage broker, appraiser, or any other real estate agent or professional—can commit mortgage fraud.

Specific Examples of Mortgage Fraud

Some common types of mortgage fraud prosecuted by the federal government include:

• Property flipping. A property is purchased, fraudulently appraised at a falsely inflated value, and then quickly resold.
• Fraudulent supporting loan documentation. An individual applying for a mortgage loan submits fraudulent supporting documentation. Examples include forged or altered paycheck stubs.
• Straw buyers. A mortgage loan is obtained using the name and credit history of a "nominee." The aim is to conceal the borrower's identity.
• Identity theft. A borrower uses another person's identity on a mortgage loan application without that person's knowledge.
• Equity skimming. An investor uses a straw buyer, false income documents, and false credit reports to obtain a mortgage loan in the straw buyer's name. The property is signed over to the investor after closing. Then, the investor rents the property until it is foreclosed, making no payments on the mortgage loan.
• Inflated appraisal. In collusion with the mortgage broker and/or loan officer, an appraiser provides a falsely inflated appraisal value. The goal is to match the buyer's offer and close the deal.
• Silent second. A buyer takes out a second mortgage to cover the down payment on the initial mortgage loan without the original lender's knowledge.
• Foreclosure fraud. Foreclosure fraud typically involves schemes designed to take advantage of homeowners who are facing foreclosure. They could include foreclosure rescue scams, leaseback schemes, or those offering unscrupulous financial assistance.

Statute of Limitations for Mortgage Fraud Offenses

The statute of limitations for federal mortgage fraud and bank fraud cases in the United States is ten years. This means the federal government has ten years from when the alleged crime occurred to file an indictment against the individual or business suspected of committing the crime.

The 2009 Fraud Enforcement and Recovery Act (FERA) established a 10-year statute of limitations for mortgage fraud.

Penalties Associated with Mortgage Fraud

State and federal laws prohibit all forms of mortgage fraud. The federal sentences for this criminal offense tend to be severe. FERA was enacted to "improve enforcement of mortgage fraud, securities fraud, financial institution fraud, and other frauds related to federal assistance and relief programs."

This law gives the federal government a great deal of power when it comes to investigating, charging, and prosecuting acts of mortgage fraud. Under federal law, the crime known as "mortgage fraud" is not a specific federal charge.

Acts of mortgage fraud are instead prosecuted as bank fraud, wire fraud, conspiracy, or some other type of fraud. It all depends on the circumstances of the one or more parties in the case.

Examples of Statutes Used To Prosecute Mortgage Fraud

The following are some of the federal statutes that can be used to prosecute mortgage fraud and their associated statutory maximum sentences.

• Mail fraud (18 U.S.C. § 1341). 20-year statutory maximum sentence
• Wire fraud (18 U.S.C. § 1343). 20-year statutory maximum sentence
• Bank fraud (18 U.S.C. § 1344). 30-year statutory maximum sentence
• Interstate transportation of funds obtained by fraud (18 U.S.C. § 2314). 10-year statutory maximum sentence.
• Money laundering (18 U.S.C. §§ 1956–1957). 20- or 10-year statutory maximum sentence, respectively.
• Conspiracy (18 U.S.C. § 371). 20- or 30-year statutory maximum sentence.

Mortgage Fraud Is Prosecuted Vigorously

Mortgage fraud is a federal criminal offense that has been aggressively prosecuted in recent years. This is particularly true since the housing crash in 2008. The criminal penalties you could face for a single count of mortgage fraud include up to 30 years in federal prison and fines of up to $1 million.

Furthermore, a Federal Bureau of Investigation (FBI) investigation into loan modification schemes and other mortgage fraud schemes may lead to additional charges. Examples include tax fraud, bankruptcy fraud, or other types of fraud or criminal acts. They can result in increased criminal penalties upon conviction.

Civil Liability for Mortgage Fraud

In addition to facing harsh criminal penalties, those accused of committing mortgage fraud can also be held liable for any monetary damages the lender sustains as a result of the fraud. 

Civil lawsuits involving allegations of mortgage fraud typically involve claims of misrepresentation, deceit, contractual theories, breach of trust, or conspiracy to defraud the lender. Any party involved in the alleged fraudulent transaction, or mortgage fraud lawyer including third parties involved mortgage brokers or appraisers, can be held liable for damages.

Mortgage Fraud Defense

As a homebuyer, you can be charged with mortgage fraud or bank fraud in federal court. This is true even if the lender accusing you of committing mortgage fraud attorney knew you were making false statements on your mortgage application and/or encouraged you to misrepresent the facts. You could be charged even if your mortgage loan application is denied.

As a mortgage broker, appraiser, bank officer, or other real estate professional, you could also be targeted by a federal mortgage fraud investigation. You could be charged with a federal crime if the government believes you played a role in a mortgage fraud scheme.

Still, the burden of proof in a mortgage fraud case lies with the prosecution. To convict you of mortgage fraud under the bank fraud statute, the prosecution must prove beyond a reasonable doubt that you executed or attempted to execute a scheme:

• To defraud a financial institution
• To obtain any of the funds, securities, or other property owned by, or under the control or custody of, a financial institution through false or fraudulent pretenses, promises, or representations.

Possible Defense Strategies for Mortgage Fraud Charges

Mortgage fraud is a major criminal offense. The consequences of a mortgage fraud conviction can be devastating for you and your loved ones.

With so much at stake, you must hire an attorney who knows the various defense strategies for mortgage fraud charges. That way, you can present the strongest possible defense based on your situation.

The following are some possible defense strategies for federal mortgage fraud charges:

• You acted in good faith and did not intend to break the law.
• The statements you provided on your loan application were true, correct, and accurate.
• You were an unknowing participant in a mortgage fraud scheme.
• The prosecution doesn't have enough evidence to prove the crime beyond a reasonable doubt.
• You have been falsely accused of mortgage fraud.

Why Hire a Mortgage Fraud Defense Attorney?

The most effective strategy for mortgage fraud defense is contingent on the specific facts of the case. This is why you should always enlist the help of a skilled federal defense attorney when facing mortgage fraud charges in federal court.

Perlman Defense Federal Criminal Lawyers is based in Los Angeles, California. We represent clients in a wide range of criminal cases at both the state level in California and at the federal level in courts across the country.

When you hire our legal team, we will thoroughly review the facts of your case, investigate the circumstances of your mortgage fraud charges, deal with the federal authorities on your behalf, and aggressively represent you in court.

Whatever the circumstances of your mortgage fraud case, our defense attorneys will go the extra mile to ensure that you receive the highest-quality legal representation.

Contact Our Federal Criminal Defense Lawyers for Help

While corrupt real estate attorneys, mortgage brokers, appraisers, and other real estate professionals are typically the main targets of mortgage fraud investigations, homebuyers are sometimes arrested for providing false information during the mortgage application process.

If you or someone you love is facing criminal charges for mortgage fraud, the best way for you to protect your rights and avoid a criminal conviction is to hire an experienced federal criminal defense lawyer to represent your case. 

At Perlman Defense Federal Criminal Lawyers, we offer a free initial consultation and case evaluation for individuals and businesses accused of federal mortgage fraud. You might believe you are innocent. Regardless, you need the strongest possible defense. Contact our Mortgage Fraud Lawyer today to schedule a free case consultation.