Daytona Beach Mortgage Fraud Lawyer
There is a lot at stake for a lender when approving someone for a mortgage, so it stands to reason that officials will be aggressive in pursuing those who engage in fraudulent misconduct. Though banks and brokers can be guilty of violating the law, it is typically the borrower who is prosecuted under Florida’s mortgage fraud statute. In short, it is illegal to make false representations in connection with the home loan process. However, the details are much more complicated when it comes to mortgage fraud elements, punishment, and defenses.
Fortunately, you can rely on our team at the O’Mara Law Group to aggressively fight allegations of mortgage fraud. We have meticulous knowledge of the laws, backed by extensive experience defending clients in a range of fraud claims. Please contact our firm to schedule a consultation with a Daytona Beach mortgage fraud lawyer regarding the specifics. Some background information is also useful.
Mortgage Fraud Basics
The most common form of mortgage fraud is making false, material statements in connection with home loan documents. Misconduct at any stage of the mortgage process is illegal, including loan origination, refinancing, and modifications. Other notable facts about mortgage fraud include:
- A prosecutor must prove that you intended to make false statements and that you intended to misappropriate funds, and both elements involve the standard of guilt beyond a reasonable doubt.
- The offense is a Third Degree Felony, punishable by up to 5 years in prison and a $5,000 fine. When the amount at issue in a mortgage fraud case exceeds $100,000, you face Second Degree Felony charges. The maximum sentence is 15 years’ imprisonment and a $10,000 fine.
- The statutory definition of mortgage fraud also covers misconduct such as straw purchases, “flipping” real estate at fraudulently inflated values, and identity theft.
How a Mortgage Fraud Lawyer Supports Your Case
The above information should highlight the importance of retaining counsel, but you should also understand what tasks are involved with defending mortgage fraud charges. The prosecutor’s burden is challenging, so there are plenty of opportunities to expose weaknesses and contest the proof, particularly with respect to intent. Then, you can present defenses of your own. Our Daytona Beach mortgage fraud attorneys at the O’Mara Law Group with help at every stage of the case by:
- Investigating and working with forensic accountants to disprove the prosecution’s claims;
- Advising you during arraignment, pretrial release on bond, and court appearances;
- Filing motions on your behalf, including a motion to dismiss if law enforcement’s probe violated your civil rights;
- Advocating on your behalf during plea bargaining discussions; and
- Representing you at trial.
Discuss Defense Options with Our Daytona Beach Mortgage Fraud Lawyers
You can see the benefits of retaining knowledgeable legal representation to fight mortgage fraud charges, so do not delay in contacting our team at the O’Mara Law Group. Please call 407-634-6604 or visit our website to set up a consultation with a Florida mortgage fraud attorney. After reviewing the charges against you, we can develop a strategy for obtaining the best possible outcome.