Mortgage fraud covers a wide range of crimes, all pertaining to funding for a home. People often falsify information so that they can get a mortgage that they can't really afford. Real estate professionals can also be found guilty of mortgage fraud. They can work with other professionals to flip houses. By working with appraisers, they can increase their profits. Some mortgage professionals can be persuaded to give loans out, knowing that normally they wouldn't be approved.
There are many different defenses that you may use against your mortgage fraud arrest. Here are some more common defenses that might be considered for your case.
Lack of intent. A lack of intent defense could be used if you didn't know what was going on. The prosecutor has to prove that you understood exactly what you were doing (and that you knew it was illegal).
This may be a good defense if you were involved with a team of professionals and you didn't know or understand that you were doing something illegally. This may also be a good defense if you made a mistake on your loan applicant and it was just that – a mistake.
Lack of evidence. Lack of evidence is a commonly used defense, no matter what type of crime you possibly committed. Often, there is not enough evidence to convict someone. You may be able to get your case dismissed or reach a plea bargain if your lawyer is able to prove that there is not enough evidence to convict you.
Used proceeds properly. Another common mortgage fraud case involves buying a home, renting it out, and using that money personally (instead of paying for the mortgage). If you can prove that you did this for a good reason, you may be able to argue against the charge.
If you used the funds within thirty days for certain reasons, you may not be convicted of rent skimming. You have to be able to prove that you used the funds to pay for any unexpected medical expenses for someone in your family. You may also use this defense if you used the money to fix up the property and you have no other way to pay for these expenses.
You need to have an experienced lawyer to fight for you and your rights if you have been accused of mortgage fraud. A good lawyer will help you go through your options and potential defenses so together you can decide the best way to proceed.
Nicolai Cocis is an experienced criminal defense lawyer who represents individuals from the greater Riverside County area, including Murrieta, Wildomar, Lake Elsinore, Menifee, Temecula, Hemet, Corona, Riverside, Banning, and all other surrounding areas. Contact ustoday to have the Law Office of Nicolai Cocis provide a complete evaluation of your case during a free, confidential consultation.