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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.

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.


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.

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