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Mortgage Fraud

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What is Mortgage Fraud?

Mortgage fraud also referred to as real estate fraud, is a type of fraud in connection with mortgage transactions. It usually involves misrepresentation or misstatement on mortgage documents. If someone submits a fake W-2 form or obtains an inflated property appraisal then that amounts to mortgage fraud.

Mortgage fraud usually involves two parties – the ones providing false information and the one that relies on that information to finish the transaction.

Two Types of Mortgage Fraud

There are two types of mortgage fraud recognized by law enforcement.

  • Housing Fraud: A borrower submits false information in order to qualify for a loan or get a better loan rate when buying a home.
  • Profit Gain: Mortgage fraud for the purpose of gaining a profit is usually committed by real estate agents, mortgage brokers, or appraisers in order to get money from the property.


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Penalties for Mortgage Fraud

Mortgage fraud is usually charged as grand theft and is a wobbler, meaning it can be charged as a misdemeanor or a felony. When charged as a misdemeanor, the penalties include:

  • Misdemeanor probation
  • Imprisonment
  • A maximum fine of $1,000

When charged as a felony the penalties include:

  • Felony probation
  • Incarceration
  • A maximum fine of $10,000

Cases prosecuted in federal court could face much more severe punishment.

mortgage fraud

Legal Defenses for Mortgage Fraud

If you didn’t have fraudulent intent then you aren’t guilty of mortgage fraud. Even if you were unaware or made a mistake, if you weren’t intending to commit fraud then you can’t be guilty of mortgage fraud.

Sometimes the real culprits of a mortgage fraud offense will try to blame someone else or make it look like someone else did it. Identity theft sometimes plays a role in mistaken identity and mortgage fraud.

Have you been legally accused of committing mortgage fraud? If you have been arrested or charged with a crime, it is essential to obtain legal council for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire an attorney who understands your situation and the consequences you face.

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Phone: 559-691-6222

Your Defense Attorney for Mortgage Fraud Charges

I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with White Collar Crimes such as Credit Card Fraud, Embezzlement, Insurance Fraud, and Prescription Drug Fraud, to name a few.

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