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Mortgage fraud is a type of fraud that most people know very little about. There are a
lot of complicated parts that can come with this type of fraud and it can
include both the borrowers and the lenders in this transaction. It is estimated
that 10 percent of the mortgage applications in this country have intentional
or mistaken omissions. If you can prove that the omission was false, such as
misspelling your name because you were in a hurry, mortgage fraud can usually
go away. But if others feel that you put in financial information falsely in
order to get the loan, such as saying you make more each year than you do or
hiding some of your debt, you could face some of the harsher penalties that
come with this.
If
you are facing mortgage fraud, it is important to get someone on your side. A
good criminal defense lawyer will ensure that you are getting a fair trial and
can work with you to prove that the omission was a mistake, rather than one
that was intentional, so you can get your penalties dropped.
Borrower
Fraud
First,
let’s look at when the borrower is the one to commit the fraud. When you want
to go and buy a home, you will commonly go and apply for the mortgage to pay
for this home. You submit your application to a lender of choice, filling in
all the information. You are expected to fill out the information correctly,
but if you knowingly put false information down, or hide information that could
affect the decision of the mortgage lender, you are committing mortgage fraud.
While this is sometimes known as fraud for housing since you are looking to
obtain a home rather than make a profit, but it still has some serious
consequences.
Professional Fraud
It
is possible for the lender to commit a fraud on mortgage. This is usually done
if the mortgage lender is trying to make some kind of profit from this
transaction. This will have multiple people working together and could have
your real estate agent and different accountants working with the mortgage
company to make a profit. The home buyer is not involved and could pay high
fees and extra money to make the others more of a profit.
First and Multiple
Offenses
It
is possible that you just commit one type of mortgage fraud. If you knowingly
hide the real amount of money that you make, you are just committing a single
case. On the other hand, if you are doing multiple acts of this fraud, there is
usually going to be several who are collaborating to get the mortgage. Mortgage flipping, not to be confused with house flipping, can be a fraud where one
person takes out the mortgage for a low priced home and then has an appraiser
come and value the house at more than it is worth. The owner makes a huge
profit and the appraiser will get some of these profits as well.
One
thing to keep in mind with this kind of fraud is that the omissions need to be
intentional. If you accidentally forgot to put a 0 on the application for your
income and then corrected it before the closing date, you are not going to
commit this kind of fraud. Accidents happen and mortgage fraud is just for
those who are trying to seriously game the system. If you are being charged
with mortgage fraud, make sure to contact a great criminal defense team who
will be able to prove that you did not intentionally leave out this information
and could give you a better deal on your case.
Churchill County,
Nevada, Clark County, Nevada, Douglas County, Nevada, Elko County, Nevada,
Esmeralda County, Nevada, Eureka County, Nevada, Humboldt County, Nevada, Lander
County, Nevada, Lincoln County, Nevada, Lyon County, Nevada, Mineral County,
Nevada, Nye County, Nevada, Pershing County, Nevada, Storey County, Nevada,
Washoe County, Nevada, White Pine County, Nevada, Consolidated Municipality of
Carson City, Nevada.
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