what kind of lawyer handles mortage fraud

by Martine Schoen 8 min read

The above are just a few typical examples of mortgage fraud on each end of the transaction. If you think you have been frauded during a mortgage transaction in these or other ways it is a good idea to consult with a criminal defense lawyer and/or a real estate lawyer. Find the Right Criminal Lawyer Hire the right lawyer near your location

Because the consequences of conviction are so severe, it is important that you hire an experienced and knowledgeable federal criminal defense attorney who can provide you with proper representation in mortgage fraud or real estate fraud cases.

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What is mortgage fraud, and how is it prosecuted?

Aug 13, 2014 · When you hire Consumer Action Law Group as your m ortgage lawyer to sue your lender, we tailor your litigation case to your situation. Our mortgage fraud lawyer will identify bad acts by the lender such as: Accounting errors. Delays in the modification process.

Can I sue the mortgage company for fraud?

May 26, 2020 · Q: What type of attorney specializes/handles mortgage loan modification fraud? Homeowner lost her job and couldnt pay mortgage for a few months. A servicer suggested that a mortgage modification is available if payments are made.

What is considered mortgage fraud?

Hiring a criminal defense lawyer to help with loan fraud charges brought against you is a good decision. A lawyer can look through your records and help formulate your defense. If you are a victim of loan fraud, you will need to cooperate with the criminal investigation.

What is mortgage fraud, and how to avoid it?

If you are looking for a mortgage or for a loan modification, bring a qualified mortgage modification attorney on board to ensure you aren't duped out of a substantial amount of money. If You're the Victim of Loan Modification Fraud. Mortgage modification fraud comes in many shapes and forms.

Which is the best defense against mortgage fraud?

Defenses against a mortgage fraud charge in California may include:that you were misled in a manner that absolves you of criminal liability;you had no intent to defraud—instead, you made an honest error that you can prove was not intentional;alleged victim was not defrauded or deceived;More items...

Who investigates mortgage fraud in the United States?

Federal Bureau of Investigation (FBI)Federal Bureau of Investigation (FBI) In fact the FBI case load for mortgage fraud has increased significantly since the housing bubble forced more homeowners into possible foreclosures. The FBI has 56 field offices centrally located in major metropolitan areas across the U.S. and Puerto Rico.

Is mortgage fraud a federal crime?

Mortgage fraud is a federal criminal offense that has been aggressively prosecuted in recent years, especially since the housing crash in 2008, and 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.

What are the four elements of mortgage fraud?

Borrower or seller names are different than sales contract and title. Sales price is inconsistent with contract, loan approval, and/or appraisal. Excessive earnest money or builder deposit. Earnest money deposit is inconsistent with sales contract and/or application.

How does the FBI define mortgage fraud?

According to the Federal Bureau of Investigation (FBI), it is any sort of "material misstatement, misrepresentation, or omission relating to the property or potential mortgage relied on by an underwriter or lender to fund, purchase, or insure a loan."2 With this working definition, we see that mortgage fraud can be ...

What is red flag in mortgage?

The biggest mortgage fraud red flags relate to phony loan applications, credit documentation discrepancies, appraisal and property scams along with loan package fraud.

Who is responsible for bank frauds?

Through its regulatory oversight of national banks, the OCC works to implement legislation designed to detect, identify, and prevent financial crimes and fraud.

How can you avoid mortgage fraud?

How To Prevent Mortgage FraudMake sure you get referrals for real estate and mortgage professionals from trusted friends and family.Find out what other homes in the area have sold for in comparison to the property you are looking at and review tax assessments to verify the property's actual value.More items...•Apr 2, 2021

How do I protect myself from mortgage fraud?

Education remains the most valuable tool in the fight against mortgage fraud.Avoid Paying Advanced Fees. ... Never Transfer Title of Property. ... Practice Caution to Avoid Mortgage Fraud. ... Never Sign Documents With Blank Fields. ... Conduct Thorough Background Checks. ... Contact Your Lender.

How do you protect against mortgage fraud?

Never transfer title of your property, make mortgage payments to someone other than your lender, or stop making mortgage payments altogether — these are guaranteed ways to put your financial investment at risk. Carefully inspect the names, seals, logos and representations made by mortgage rescue companies.

What are some examples of mortgage fraud?

Some common examples of mortgage fraud include exaggerating income, claiming you are employed when you do not have a job, and trying to avoid higher interest rates by claiming you will occupy the property when the intention is to buy it as an investment property.

What to do if you are a victim of loan fraud?

A lawyer can look through your records and help formulate your defense. If you are a victim of loan fraud, you will need to cooperate with the criminal investigation. You can also consult with a business lawyer to determine if you can get money damages as a result of the loan fraud.

What is loan fraud?

Loan fraud occurs when an individual falsifies their application for a loan. This can happen in situations involving personal or business loans. For example, if the borrower lies on their loan application, this will cause the bank or other lending institution to suffer monetary loss and setbacks in their business operations.

What is predatory lending?

Predatory lending is when a financial institution offers a high interest rate loan to someone in exchange for valuable collateral, like the deed to the property.

What are the consequences of loan fraud?

Some possible consequences are fines, prison time, affected citizenship status, loss of future job prospects, damaged business reputation, and loss of future business opportunities. As such, victims of loan fraud can press criminal charges. They may also have a civil case to get an award of money damages.

What happens if you can't pay back a mortgage?

If the buyer cannot pay back the loan in full, which often happens due to the high interest rate, then the lender can take the property and sell it at a much higher value to make a profit. This can be considered fraudulent behavior on the lender’s part if the bank conceals or misstates the term of the loan.

What to do if you have poor credit?

People With Poor Credit: Those who have poor credit are a frequent target of underhanded brokers. If you are looking for a mortgage or for a loan modification, bring a qualified mortgage modification attorney on board to ensure you aren't duped out of a substantial amount of money.

Can people be taken for a ride by unscrupulous lenders?

People from all walks of life can be taken for a ride by an unscrupulous lender. Here are a few groups of people who commonly attract fraudulent interest rate and real estate-related loan scenarios:

Can elderly people get scammed?

Prior to engaging in any type of real estate transaction, elderly persons are advised to seek the assistance of a licensed mortgage fraud attorney. Going it alone is a surefire way to get scammed during a real estate transaction.