Criminal Defense Lawyers

Florida Mortgage Fraud Lawyers

Florida Mortgage Fraud Lawyers: A Guide for Homeowners and Real Estate Professionals

Mortgage fraud is a serious issue in Florida that can lead to severe criminal penalties. As a major hub for real estate transactions and mortgage lending, Florida has seen a surge in allegations of mortgage fraud over the past decade. If you are being investigated for or charged with mortgage fraud in Florida, it is critical that you understand your rights and work with an experienced criminal defense attorney.

What is Mortgage Fraud?

Mortgage fraud refers to an intentional misstatement, misrepresentation, or omission relied on by a mortgage lender to fund, purchase, or insure a loan. There are two major categories of mortgage fraud:

• Fraud for property: Intentional misstatements about income, assets, liabilities, occupancy, etc. to qualify for a mortgage. This is usually done by borrowers seeking to purchase homes they otherwise could not afford.
• Fraud for profit: Deliberate misrepresentations or omissions to illicitly profiteer from mortgage transactions. This often involves industry insiders like real estate agents, mortgage brokers, appraisers, etc.

Some common mortgage fraud schemes include

:

• Inflated appraisals to make properties seem more valuable.
• Falsified loan applications exaggerating income, assets, employment, etc.
• Silent second mortgages or undisclosed kickbacks paid separately from closing.
• Fraudulent supporting documentation for loan qualifications.
• Identity theft to obtain mortgages in someone else’s name.
• Foreclosure rescue scams that trick distressed homeowners into signing over title.

Mortgage Fraud Penalties in Florida

Mortgage fraud is aggressively prosecuted in Florida. Most mortgage fraud cases are charged under federal law, which imposes harsh sentences compared to state laws. Common charges include

:

• Wire fraud – Up to 30 years imprisonment.
• Bank fraud – Up to 30 years imprisonment.
• Loan origination fraud – Up to 30 years imprisonment.
• False statements – Up to 30 years imprisonment.
• Money laundering – Up to 20 years imprisonment.
• Identity theft – Up to 15 years imprisonment.

Defendants also face massive fines up to $1 million or more, plus restitution. Florida state laws include charges like organized fraud (up to 30 years imprisonment) and mortgage fraud (up to 5 years imprisonment). Mortgage fraud can also lead to civil liability or professional discipline for real estate and finance professionals.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Common Defenses in Mortgage Fraud Cases

Skilled criminal defense lawyers can often mount strong defenses in mortgage fraud investigations and prosecutions. Here are some examples

:

• Lack of intent – Many technical violations are accidental mistakes, not intentional fraud.
• Reliance on professionals – Clients reasonably relied on attorneys, brokers, appraisers, etc. for guidance.
• Unclear industry standards – Mortgage regulations are highly complex and frequently ambiguous.
• Mitigating circumstances – Special situations like medical conditions, family emergencies, etc.
• Discrimination – Mortgage fraud charges sometimes involve racial profiling or bias.
• Entrapment – Undercover agents improperly induced otherwise law-abiding citizens.

An experienced lawyer can evaluate the evidence and build a targeted defense to fight the charges.

Working with a Mortgage Fraud Lawyer

Here are some tips if you are facing mortgage fraud allegations in Florida

:

• Get legal help immediately – These cases move fast and waiting makes defense much harder.
• Say nothing to investigators – Any statement can be used against you, even denying guilt.
• Preserve documents – Financial records, emails, texts, etc. may help prove innocence.
• Consider using separate lawyers – One lawyer for investigation and another for potential trial.
• Negotiate where possible – Many cases can be resolved through plea bargains or settlements.
• Prepare for trial – If no deal is possible, a strong defense in court is critical.

Choose an attorney with specific experience defending mortgage fraud cases in Florida. Understand the lawyer’s track record and expertise before retaining them.

Recent Mortgage Fraud Crackdowns in Florida

Florida officials have ramped up efforts to combat mortgage fraud through task forces and new laws

:

• Florida Mortgage Fraud Task Force – State and federal prosecutors focused on investigating fraud.
• New criminal penalties – Harsher sentences for common schemes under Florida law.
• Foreclosure fraud crackdown – Targeting scams against distressed homeowners.
• Increased lender scrutiny – Extensive verification required for new mortgage applications.
• Industry sweeps – Stings and undercover operations aimed at professionals.

These efforts have led to a flood of new mortgage fraud cases in Florida courts. Anyone involved in real estate transactions needs to understand the heightened risks and legal exposure.

Finding the Right Lawyer for Your Case

Facing mortgage fraud accusations can be frightening and overwhelming. But with an experienced criminal defense lawyer guiding you, it is possible to build a strong defense and achieve the best possible outcome. Be sure to do your research and find a lawyer with specific expertise in Florida mortgage fraud cases. The lawyer you choose can make all the difference in how your case progresses and concludes. With skilled legal representation protecting your rights, you can get through this difficult situation.

Resources:

• Mortgage Fraud Overview from FBI
• American Bar Association Guide to Mortgage Fraud
• Mortgage Fraud Task Force Details from Florida Attorney General
• Tips for Avoiding Mortgage Fraud as a Homeowner
• American Land Title Association Mortgage Fraud Resources

Mortgage fraud allegations can have devastating personal and professional consequences. But with an experienced Florida mortgage fraud lawyer advising you, it is possible to minimize the damage and protect your future. Be proactive in engaging legal counsel and defending your rights.