Mortgage fraud charges are serious. In Fort Lauderdale, people facing these allegations often don’t realize how significant the consequences can be. If you’ve been accused of mortgage fraud, please don’t hesitate to take action. A mortgage fraud conviction can impact your life in ways you might not expect – threatening your financial future, personal relationships, and even your freedom.
A Fort Lauderdale mortgage fraud lawyer can make a significant difference in the outcome of your case. At Rossen Law Firm, you’ll find attorneys who can protect your rights, guide you through the legal process, and fight for your future.
Mortgage fraud occurs when someone intentionally falsifies or omits information during the mortgage process to obtain a loan or influence its terms. It’s a broad term encompassing various activities, ranging from inflating property values to submitting false income documents. Both individuals and professionals in the real estate, banking, or financial sectors can face mortgage fraud charges.
There are two main types of mortgage fraud:
Mortgage fraud can result in state or federal charges, depending on the scope and complexity of the alleged fraud. Both charges carry severe penalties, including fines, restitution, and prison time.
If you’re convicted of mortgage fraud, the consequences can be life-altering. The legal system doesn’t take these charges lightly, nor should you. Here’s what’s at stake:
Florida law treats mortgage fraud as a felony. A conviction can lead to significant prison time, especially if you’re convicted of a federal offense. Sentences can range from a few years to several decades, depending on the specifics of your case.
In addition to prison time, you may be ordered to pay large fines. These fines can range from thousands to millions of dollars, particularly if the fraud involved large sums of money or if multiple people were affected by the fraudulent activity.
Restitution is another financial burden that comes with a mortgage fraud conviction. If you’re found guilty, the court may require you to pay restitution to the victims, including financial institutions or lenders that suffered losses due to the fraud. Restitution can add up quickly, leaving you with a significant financial obligation even after serving prison time.
A mortgage fraud conviction can leave you with a permanent criminal record, making it difficult to find employment, secure housing, or obtain loans in the future. Many employers conduct background checks, and a felony conviction can raise red flags that limit your opportunities. Even if the conviction is related to white-collar crime, it can still cast a long shadow over your future.
A mortgage fraud conviction can end your career if you work in the real estate, banking, or financial sectors. In many cases, professionals convicted of fraud lose their licenses and are barred from working in their industry. Even if you’re not a real estate professional, a conviction can severely impact your ability to find work in related fields.
Facing a mortgage fraud charge can be daunting, but you don’t have to go through it alone. Choosing the right lawyer can make all the difference. At Rossen Law Firm, you’ll find attorneys who understand the seriousness of your situation and are committed to protecting your rights.
No two mortgage fraud cases are the same, and that’s why you need an attorney who will take the time to understand the details of your case and develop a defense strategy tailored to your situation. At Rossen Law Firm, the focus is on providing you with a defense that addresses the specific allegations you’re facing rather than a one-size-fits-all approach.
Your Fort Lauderdale mortgage fraud lawyer will review the facts of your case thoroughly, looking for any weaknesses in the prosecution’s evidence. Mortgage fraud cases often involve complex financial records, and a deep dive into those records can sometimes reveal discrepancies or mistakes that work in your favor.
When facing mortgage fraud charges, you need a lawyer who isn’t afraid to fight for you in court. The prosecution will likely come at you with a strong case, but your defense attorney can challenge their evidence and present arguments that doubt their claims. Rossen Law Firm knows how to be assertive and ensure your story is heard.
Your mortgage fraud attorney will cross-examine witnesses, question the validity of the evidence, and push back against any attempts to unfairly paint you as guilty. You deserve a lawyer who will stand up for you every step of the way, and that’s exactly what Rossen Law Firm offers.
Mortgage fraud cases can involve complex legal proceedings, but one thing should always be clear: your rights must be protected. When you’re accused of mortgage fraud, it’s easy to feel like you’re at the mercy of the legal system. However, your Rossen Law Firm attorney will ensure your rights are upheld throughout the process.
You have the right to a fair trial, the right to challenge evidence, and the right to defend yourself against the charges. Your mortgage fraud attorney will safeguard these rights, ensuring the legal process doesn’t infringe on your ability to get a fair outcome.
Please visit our office at 6400 N Andrews Ave #510, Fort Lauderdale, FL 33309. We’re located near the intersection of Andrews and NE 1st Ave., near the Fort Lauderdale Marriott North and North Fort Lauderdale Subaru. You can call (754) 206-6200 to schedule an appointment.
Understanding the types of mortgage fraud can give you a better idea of what you’re facing. Mortgage fraud can take many forms, and knowing the specifics of the allegations can help shape your defense. Some common mortgage fraud schemes include:
In income fraud, a borrower or a real estate professional provides false income information to qualify for a loan. This can involve inflating income numbers or creating fake employment records to make it appear that the borrower earns more than they actually do.
Occupancy fraud occurs when a borrower lies about the purpose of the property. For example, they might claim the home is their primary residence when, in reality, they plan to rent it out or use it as an investment property. Lenders often offer better rates to those purchasing primary residences, so lying about occupancy can result in favorable loan terms for which the borrower wouldn’t have qualified otherwise.
Appraisal fraud involves inflating or deflating the value of a property to influence the loan amount. A higher appraisal can lead to a larger loan, while a lower appraisal can benefit someone looking to purchase a property at a reduced price. Appraisal fraud often involves collusion between appraisers, loan officers, and real estate agents.
In a straw buyer scheme, someone with good credit is used to obtain a mortgage on behalf of another person who will not qualify for the loan. The straw buyer’s name is on the loan documents, but the actual buyer takes possession of the property and is responsible for making the payments. If the actual buyer defaults on the loan, the straw buyer is held responsible.
Equity skimming involves a person acquiring property ownership and then refinancing the loan or obtaining a second mortgage, often based on inflated property values. The perpetrator takes out as much equity as possible, usually through multiple loans, leaving the original borrower or lender with the burden of repaying the debt.
A Fort Lauderdale mortgage fraud lawyer can develop a defense strategy tailored to the facts of your case and work to protect your future. Below are several defense strategies that might apply, depending on the specifics of your situation.
One of the key elements in a mortgage fraud case is proving intent. The prosecution must show that you knowingly falsified information or used deceptive practices to obtain a mortgage or manipulate its terms. Without this intent, there can be no conviction for mortgage fraud.
For example, you might have provided incorrect information on a loan application without realizing it. Alternatively, you could have relied on inaccurate information from a third party, such as an accountant or real estate professional, that you believed was correct. If your attorney can demonstrate that you didn’t intend to deceive anyone, it can lead to a dismissal or reduction of the charges.
Intent is often hard to prove, especially in complex financial cases. Your Fort Lauderdale mortgage fraud lawyer will look for evidence that supports the argument that any inaccuracies were honest mistakes or misunderstandings rather than deliberate fraud.
In every criminal case, the prosecution must prove guilt beyond a reasonable doubt. If insufficient evidence supports the mortgage fraud charges, your attorney can argue that the case should be dismissed. Insufficient evidence is a strong defense because it challenges the foundation of the prosecution’s case.
Mortgage fraud cases often involve complex financial transactions and a large volume of data. With so many records to examine, errors or inconsistencies in the prosecution’s case are always possible. Your attorney will carefully review the evidence to find gaps or weaknesses that can raise doubt about your guilt.
For example, document discrepancies, missing paperwork, or incorrect calculations might undermine the prosecution’s ability to prove that you engaged in fraud. By highlighting these weaknesses, your lawyer can argue that the charges are based on flawed or incomplete evidence, which may lead to a favorable outcome.
The good faith defense can be a powerful argument in mortgage fraud cases. This defense asserts that you acted honestly and without intent to deceive, even if the information provided during the mortgage process was inaccurate. You may not be guilty of fraud if you genuinely believed that the information you provided was correct.
Suppose you relied on a property appraisal that you believed to be accurate or submitted financial documents that you thought were correct. In that case, your lawyer can argue that you didn’t knowingly commit fraud. Good faith mistakes happen and don’t necessarily mean a crime was committed.
A good faith defense shifts the focus from the inaccuracies themselves to your mindset at the time. If your Fort Lauderdale mortgage fraud lawyer can prove that you acted with honest intentions, it may result in a dismissal of the charges or a reduced sentence.
Mortgage fraud schemes sometimes involve multiple parties, and not everyone participates willingly. Your attorney might use this as part of your defense if you were pressured or coerced into providing false information or participating in a fraudulent scheme. Duress or coercion can negate the intent to commit fraud, a key element of the prosecution’s case.
For example, if someone in a position of power over you threatened your job or personal safety unless you participated in the fraudulent activity, you might have felt forced to comply. Your lawyer can present evidence of this coercion to show that you didn’t willingly engage in fraud.
Coercion can be a difficult defense to prove, but it’s a valid strategy if you were acting under pressure from others. Your attorney will work to gather evidence that supports your claim, potentially leading to a reduction or dismissal of the charges.
Mortgage fraud investigations can take months or even years to unfold, but that doesn’t mean you should wait to act. The sooner you get legal representation, the better your chances of building a strong defense. Time allows your attorney to gather evidence, review documents, and prepare a strategy that gives you the best shot at a favorable outcome.
Rossen Law Firm understands the importance of acting quickly. Waiting too long to hire a lawyer can put you at a disadvantage, especially if the prosecution has already built a case against you. Don’t wait until it’s too late – contact an attorney as soon as you know you’re facing mortgage fraud charges.
Adam Rossen, Fort Lauderdale Mortgage Fraud Lawyer
A Fort Lauderdale criminal defense lawyer at Rossen Law Firm can provide the aggressive defense you need to protect your rights and future. By offering personalized strategies, challenging the prosecution’s evidence, and safeguarding your legal rights, Rossen Law Firm can handle the legal process and give you the best chance at a positive outcome. Don’t hesitate to contact us online or call (754) 206-6200 for a free case evaluation.
6400 N Andrews Ave #510
Fort Lauderdale, FL 33309
Ph: (754) 206-6200
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