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Mortgage Fraud Charges in Florida: Penalties and Working with a Criminal Attorney
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Mortgage Fraud Charges in Florida: Penalties and Working with a Criminal Attorney
Getting charged with mortgage fraud in Florida can be scary. The penalties are harsh, and the charges complex. Having a good criminal defense attorney on your side is crucial. This article will break down the common charges, penalties, and defenses in mortgage fraud cases in Florida. We’ll also talk about working with a criminal attorney, and what that process looks like from start to finish.
What is Mortgage Fraud in Florida?
Mortgage fraud refers to intentionally providing false information on mortgage documents. This can be done by the borrower, broker, appraiser, or other parties. Some examples of mortgage fraud include:
- Providing false income or employment information on a mortgage application
- Using forged documents like pay stubs or tax returns to support a mortgage application
- Inflating property appraisals to get larger loans or make more profit on a sale
- Getting loans for properties you don’t actually intend to live in
Mortgage fraud is a felony in Florida. The laws against it are meant to protect lenders from being defrauded. But borrowers sometimes commit fraud out of desperation, when they can’t qualify for a mortgage legitimately.
Penalties for Mortgage Fraud
In Florida, mortgage fraud penalties are based on the dollar value of the related loans. They can include:
- Up to 5 years in prison and $5,000 in fines – For loans less than $100,000
- Up to 15 years in prison and $10,000 in fines – For loans more than $100,000
Other penalties can include:
- Restitution to injured parties
- Probation
- Permanent criminal record
Federal charges can be much worse, with up to 30 years in prison and $1 million in fines. Prosecutors often pursue federal charges in addition to state charges.
Types of Charges
There are a few main laws used to prosecute mortgage fraud in Florida:
Florida Statute 817.545 – Mortgage Fraud
This covers making false statements or omitting material facts during the mortgage lending process. It applies to borrowers, brokers, appraisers, and anyone else involved in getting a mortgage loan.
Federal Wire Fraud – 18 U.S. Code § 1343
This covers using phone, mail, or electronic communications to execute a fraud scheme. It often applies because falsified documents are transmitted electronically.
Federal Bank Fraud – 18 U.S. Code § 1344
This law prohibits schemes to defraud financial institutions. It applies because the lender is often a federally insured bank.Prosecutors often stack multiple state and federal charges. Other common charges include mail fraud, money laundering, racketeering, and conspiracy.
Defending Against Mortgage Fraud Charges
Fighting mortgage fraud charges starts with understanding the prosecution’s case. What exactly are they alleging you did? What evidence do they have? From there, a defense attorney can look for weaknesses in the case.Here are some common mortgage fraud defenses:
- No intent to defraud – Mistakes or omissions without intent to deceive are not fraud.
- No material impact – Minor errors that don’t affect loan approval are not fraud.
- Not involved – Appraisers, brokers, and others may not have known about fraud.
- Duress – Borrowers may have been coerced or desperate.
- Statute of limitations – Charges filed too long after alleged crimes can be dismissed.
An experienced criminal defense lawyer will thoroughly analyze the prosecution’s case and evidence. They will build the strongest defense to get charges reduced or dismissed.
Working with a Criminal Defense Attorney
If you are charged with mortgage fraud in Florida, your first call should be to a criminal defense attorney. An attorney can advise you on the law and represent you through the legal process.
Initial Consultation
The first step is a consultation with the attorney. This is your chance to give your side of the story. The attorney will explain your rights, potential defenses, and options. They will give their honest assessment of your case.
Investigation and Discovery
Next the attorney will investigate the facts and evidence. This includes obtaining police reports, mortgage documents, communications records, and other evidence. The attorney will look for weaknesses in the prosecution’s case, and build your defense.
Negotiating with Prosecutors
In many cases, charges can be reduced or dropped through negotiation with prosecutors. Your attorney will negotiate aggressively on your behalf. If a plea deal is offered, they will advise you on whether to accept it.
Motions and Hearings
Your attorney may file motions to get evidence thrown out or charges dismissed. This happens through hearings before a judge. Your attorney will represent you in these hearings.
Trial
If charges aren’t dismissed, your case may go to trial. Your attorney will vigorously defend you before a jury and advocate for acquittal. But only a small percentage of cases actually go to trial.
Sentencing
If you are convicted, your attorney will advocate for the lightest possible sentence. This includes probation, home confinement, and other alternatives to prison.Having an experienced attorney in your corner can make all the difference. Don’t go it alone against serious mortgage fraud charges in Florida.
Finding the Right Attorney
Choosing the right attorney is critical. Look for:
- Experience – Has successfully defended mortgage fraud cases like yours before.
- Resources – Has the time and resources to mount the strongest defense.
- Reputation – Respected by judges and prosecutors.
- Communication – Explains the process and keeps you informed.
- Fees – Clear about fees up front. Flexible payment options.
Don’t take chances with public defenders or less experienced attorneys. The consequences of a conviction are too high. Interview several private defense attorneys before choosing one.
Takeaways
- Mortgage fraud is a serious felony in Florida. Even first offenses have harsh penalties.
- Charges often include both state and federal laws. Penalties can be severe.
- Proving intent and material impact are key to the prosecution’s case.
- An experienced criminal defense attorney can negotiate reduced charges or win dismissal.
- Having the right lawyer by your side can make all the difference. Choose carefully.
Mortgage fraud charges can be terrifying. But an experienced Florida criminal defense attorney can help you understand the charges and build the strongest possible defense. Don’t go through it alone. Schedule a consultation today.