What This Page Covers:
- Mortgage Fraud Definition: Mortgage fraud involves deliberate misrepresentation or omission of information on a mortgage application to obtain a loan. It can be committed by borrowers, industry insiders, or both.
- Types of Mortgage Fraud: Fraud for profit is usually committed by industry professionals for financial gain. Fraud for housing involves individuals misrepresenting information to acquire or maintain home ownership.
- Legal Consequences: Mortgage fraud is a federal crime with severe penalties, including fines, restitution, imprisonment, and potential barring from the mortgage industry.
- Legal Assistance: Bernal Law offers expert legal representation for those facing allegations of mortgage fraud, providing legal expertise, protection of rights, and negotiation skills.
- Contact Bernal Law to schedule a confidential consultation through our contact form or by calling (619) 736-9092 and take the first step towards protecting your rights and securing your future.
Mortgage fraud involves deliberate misrepresentation or omission of information on a mortgage application to obtain a loan or a larger loan than would have been approved if the lender had known the truth. These charges can lead to severe penalties, including hefty fines, potential jail time, and a permanent mark on your criminal record, affecting your future employment opportunities and personal relationships. It’s crucial to recognize that you’re not alone in this challenging situation and that seeking professional legal help is essential to navigate through it.
With Attorney Pedro Bernal’s extensive experience as a former prosecutor and dedication to protecting your rights, our team is here to provide compassionate support and skilled defense strategies tailored to your case. Contact us today for a confidential consultation, and let us help you navigate through the challenges of mortgage fraud charges.
What Is Mortgage Fraud?
Mortgage fraud is a serious crime involving deliberate misrepresentation or omission of information on a mortgage application to obtain a loan or a larger loan than would have been approved if the lender had known the truth. This fraudulent activity can be committed by borrowers, industry insiders, or both.
Types of mortgage fraud may include:
- Fraud for Profit: This type of mortgage fraud is usually perpetrated by industry professionals, such as bank officers, appraisers, mortgage brokers, attorneys, or loan originators. The primary motive is to benefit financially from inflated property values, fake identities, and falsified documents.
- Fraud for Housing: In this scenario, individuals misrepresent or omit information on their loan application to acquire or maintain ownership of a home. This may involve inflating income, lying about employment status, or misrepresenting the source of the down payment. While it may seem less severe, it is still illegal and can lead to significant legal consequences.
Mortgage fraud is a federal crime and can result in severe penalties, including hefty fines, restitution, and imprisonment. Additionally, those convicted of mortgage fraud may face civil penalties and be barred from working in the mortgage industry.
Common Defenses Against Mortgage Fraud
It’s not easy to be facing mortgage fraud charges because, as they often have major implications for your life. This is why it’s crucial to contact a San Diego mortgage fraud attorney as soon as possible who can review your case and determine the best defense strategy for you. Some of the most common defenses include:
Lack of Intent
One of the most effective defenses against mortgage fraud is proving that there was no intent to commit fraud. Mortgage fraud requires deliberate misrepresentation or omission of information. If the defense can show that any inaccuracies or omissions were unintentional, it may lead to a dismissal of charges or reduced penalties.
Insufficient Evidence
Challenging the sufficiency of the evidence is another common defense. The prosecution must provide clear and convincing evidence that the defendant knowingly engaged in fraudulent activities. If the defense can cast doubt on the reliability or completeness of the evidence, it may weaken the prosecution’s case.
Good Faith
A good faith defense argues that the defendant believed the information provided was accurate and truthful. This defense can be particularly effective if the defendant relied on advice or information from professionals, such as mortgage brokers or real estate agents, who may have provided incorrect details.
Mistaken Identity
In some cases, the defendant may argue that they were wrongly accused due to mistaken identity. This can occur if someone else used their personal information to commit the fraud. Presenting evidence such as alibis, witness testimony, or documentation can help establish that the defendant was not involved in the fraudulent activities.
Coercion or Duress
If the defendant can demonstrate that they were coerced or forced into committing the fraudulent acts under threat or duress, this can serve as a strong defense. Proving that the defendant acted under extreme pressure or fear can lead to a reduction or dismissal of charges.
Entrapment
Entrapment occurs when law enforcement officials induce a person to commit a crime they would not have otherwise committed. If it can be shown that the defendant was lured into committing mortgage fraud by undercover agents or informants, this defense may be applicable.
Lack of Knowledge
The defense can argue that the defendant did not have knowledge of the fraudulent activities. For instance, if the defendant signed documents without understanding their contents or without being aware of any fraudulent information, this lack of knowledge can be used as a defense.
Benefits of Working With a Mortgage Fraud Defense Attorney
Facing allegations of mortgage fraud can be overwhelming, but having an experienced San Diego mortgage fraud attorney by your side can make all the difference.
- Legal Expertise: An attorney can navigate complex legal procedures, challenge evidence, and build a robust defense strategy tailored to your case.
- Protection of Rights: Your San Diego mortgage fraud attorney will ensure your constitutional rights are upheld throughout the legal process. They will scrutinize the evidence against you, identify any violations of your rights, and work to have illegally obtained evidence excluded from the case.
- Negotiation Skills: A defense attorney can negotiate with prosecutors on your behalf, potentially reducing charges or penalties. They can advocate for alternative sentencing options or negotiate plea bargains to achieve the best possible outcome for your case.
If you are facing allegations of mortgage fraud, don’t navigate the legal system alone. Contact Bernal Law for expert legal representation.
Contact Our Experienced Mortgage Fraud Defense Attorney in San Diego
Mortgage fraud is a serious offense that can have far-reaching consequences, both legally and personally. These charges can lead to significant penalties, including substantial fines, potential imprisonment, and lasting damage to one’s reputation and financial stability. Understanding the gravity of these allegations and the complexities of navigating the legal system in such cases is crucial for anyone facing accusations of mortgage fraud.
At Bernal Law, we have the expertise and dedication to provide the strong defense needed to protect your rights and achieve the best possible outcome for your case. With Attorney Pedro Bernal’s extensive background as a former prosecutor and fluency in both English and Spanish, our team is equipped to handle even the most complex mortgage fraud cases with compassion and skill. Call (619) 736-9092 or complete our contact form to schedule a consultation.
