Due in part to the collapse of the subprime mortgage market, mortgage fraud investigations on the part of state and federal law enforcement have dramatically increased. As a result, brokers, settlement agents, real estate agents, appraisers, underwriters, straw buyers, and real estate investors have all come under increased scrutiny. Innocent people find themselves under indictment after prosecutors sometimes improperly determine they were a knowing party to a fraudulent home sale, loan application or real estate investment.
Lawyers at Nathans & Biddle LLP, have considerable experience navigating the legal complexities and successfully defending individuals investigated or charged with mortgage fraud. We leverage the expertise of investigators, underwriters, appraisers, and forensic accountants in formulating a compelling defense against mortgage fraud charges. We carefully scrutinize original loan applications and settlement documents, the underwriting principles used, and the work product of appraisers to identify weaknesses in investigators theories that are often based on unreliable circumstantial evidence.
Respected and Experienced Criminal Defense
Our attorneys and our firm have received state and national praise for outstanding criminal defense representation. Regardless of whether you're under investigation or have already been arrested, contact mortgage fraud attorneys at Nathans & Biddle LLP, today to schedule a confidential consultation to discuss your case.
Types of Mortgage Fraud
Our attorneys represent clients facing mortgage fraud charges involving:
- Fraudulent loan applications
- Failures to disclose primary residence
- House flipping
- Departures from standard underwriting principles
- Illegal actions as a straw buyer
- Fraudulent home or other real estate property appraisals
- Embezzlement of escrow funds
- Foreclosure reversal/rescue schemes
- Fictitious or subpar home improvements
- Kickbacks to owners or brokers
- Sellers and/or others putting up money supposedly from buyers
Determining Who is Responsible for Fraudulent Information
In the vast majority of mortgage fraud cases, investigators discover that an applicant's reported assets, income, or job information on a loan application has been falsified. In cases involving house flipping, a loan application may not accurately report the buyer-in-interest or the source of a down payment. Unwary people are often misled by mortgage brokers, sellers, relatives, or business partners and unknowingly participate in these fraudulent real estate transactions.
However, in order to convict someone of real estate fraud, prosecutors must prove the accused knowingly acted in a fraudulent manner. By interviewing eyewitnesses, underwriters, bank managers, appraisers, and others, we can often demonstrate that our client was misled or unaware that they were a party to mortgage fraud. This may be as simple as recovering a bank's internal memos or as complicated as deciphering the underwriting codes used by a bank.
Contact Mortgage Fraud and White Collar Crime Attorneys at Nathans & Biddle LLP
If contacted early enough, our office may be able to redirect or preempt further investigation. If investigators can be assured that you did not knowingly support or engage in mortgage fraud, they may focus their investigation elsewhere. For more information regarding our practice and how we can help you, contact mortgage fraud attorneys at Nathans & Biddle LLP, today.