What if safeguarding yourself from mortgage fraud in Ventura, CA, was a call away?
What if you’re accused of mortgage fraud allegation in Ventura, CA? These scenarios might be scary and bewildering. You may require a Mortgage Fraud Attorney Ventura CA to untangle the knot.
We at Strongest Defense operate with a guiding principle – commitment to knowledge and understanding. Our legal team’s mortgage fraud experience and deep understanding of Ventura and California law uniquely position us to provide our clients with the fighting chance they need.
Mortgage fraud law doesn’t have to be confusing. In this fight, you’re not alone, and our team can help you find the best path. Contact our law firm today and let us stand beside you on your journey towards resolution.
What is Mortgage Fraud?
Mortgage fraud, often known as real estate fraud, is a crime under penal code 532f pc. Creditors, borrowers, and others involved in mortgage origination must comply with this regulation. Importantly, mortgage fraud includes commercial and other credit agreements as well as residential loans.
Mortgage fraud is prohibited independently of disclosure requirements for borrowers and lenders when a real estate licensee facilitates or negotiates a loan. These standards complement real estate licensees’ obligations of honesty, disclosure, and fair dealing.
Understanding the legal bounds of mortgage fraud helps real estate transactions stay lawful and preserve the mortgage origination process.
Understanding the Specifics of Mortgage Fraud
Mortgage fraud is a serious offense. Here are some actions that, if done intentionally to deceive, are deemed fraudulent:
Misrepresentation or Omission in the Mortgage Lending Process
Any person who knowingly provides false information, misrepresents, or deliberately leaves out crucial details during the mortgage lending process with the intent that a mortgage lender, borrower, or other party relies on the inaccurate information commits mortgage fraud.
Facilitating Use of False Information
A mortgage applicant who willfully uses or allows another to utilize false information, misrepresentation, or omission, knowing it to be false, is also culpable. When designed to mislead a mortgage lender, borrower, or other person in the mortgage lending process.
Proceeds from Fraudulent Actions
Mortgage fraud occurs when a person accepts mortgage loan closing money knowing it came from fraudulent conduct.
False Documentation
Mortgage fraud includes providing or causing to be submitted to the county recorder false mortgage transaction documents that the individual knows contain willful deception or omission.
Understanding mortgage fraud helps everyone involved in mortgage lending protect themselves and ensure legal transactions.
Common Offenses Linked to Mortgage Fraud
Various types of offenses may be associated with a case of mortgage fraud in California, including:
Grand Theft (California Penal Code 487)
This general statute is often used to prosecute mortgage and real estate fraud. Mortgage fraud violates PC 487 by committing ‘theft by false pretenses’ by making false representations or promises about a real estate property. Lying about property ownership or hiding faults are examples.
Filing Forged Documents (California Penal Code 115 PC)
This law involves forgery, theft, and falsification of documents. It is often used in California mortgage fraud cases.
PC 115 prohibits filing a forged deed with the county recorder to deceive the government about real estate ownership in a mortgage fraud scenario. This law includes falsification in mortgage loan contracts, real estate sale contracts, disclosure forms, and others.
Foreclosure Fraud (Civil Code 2945.4)
Under this rule, illegal foreclosure processes surged during the 2008 economic recession, when many homeowners were at risk of losing their houses.
Some businesses allegedly helped homeowners through foreclosure but charged high fees and defrauded needy homeowners.
Rent Skimming (Civil Code 890)
This type of mortgage fraud involves the deliberate failure to apply rent payments received on a residential property or the deception of tenants by pretending to be the property’s owner.
Predatory Lending Schemes
These are illegal practices by banks and other lenders that exploit individuals seeking mortgage loans.
Other Related Offenses
Other types of mortgage fraud and real estate fraud in California include illegal property flipping and straw buyer schemes. Diversion of a construction loan is governed under Penal Code 484b PC.
By familiarizing themselves with these common offenses associated with mortgage fraud, individuals can better navigate the complexities of real estate transactions and avoid falling prey to fraudulent practices.
What Are Criminal Penalties for a Mortgage Fraud Conviction?
Criminal penalties for mortgage fraud convictions primarily fall within the classification of grand theft. The prosecutor has the discretion to charge a defendant with a misdemeanor or felony.
Penalties for Misdemeanor Conviction
If convicted of a misdemeanor related to mortgage fraud, a defendant may face:
- Up to one year in jail,
- A fine of up to $1,000.
- Penalties for Felony Conviction
For a felony conviction, the potential penalties include:
- Up to three years in a California state prison,
- A fine of up to $10,000.
In particular, filing false documents (Penal Code 115 PC) is always a felony punishable by three years in prison and a fine up to $10,000.
Civil Code 890 rent skimming cases are usually charged with multiple skimming. A single act can result in civil penalties but not criminal charges. Grand theft and rent skimming have the same penalties (PC 487).
Foreclosure fraud (Civil Code 2945.4) is a wobbler crime, therefore the prosecutor may charge it as a misdemeanor or felony with grand theft-like penalties.
Depending on the situation, defendants may face additional fines and penalties. Other criminal and civil statutes may apply to mortgage fraud.
What Are Defenses to Mortgage Fraud Charges?
If you find yourself accused of real estate fraud in California, there are several applicable legal defenses that can be deployed to challenge the charges. These could potentially include:
- Absence of fraudulent intent,
- No deception occurred,
- Consent was granted by the property owner,
- You have been falsely accused.
It must be proven that you purposefully exploited a fraudulent claim or activity in a real estate transaction for your personal gain. The responsibility for providing this proof lies with the prosecutor.
Reasoning Unintentional Conduct
An unintended error could be argued. Any fraudulent behavior must be intentional and aimed at deceiving. A successful defense may result if the prosecutor cannot prove criminal intent.
Asserting Owner’s Consent
We may be able to establish that you secured approval from the property owner for their real estate transaction, even if they forgot.
Arguing on Legal Grounds
There might be cases where we could argue constitutional violations occurred or sufficient evidence was not provided.
Pre-filing Intervention
We can potentially negotiate with the prosecutor to prevent formal charges from being filed, known as a pre-filing intervention.
How to Prevent Mortgage Fraud?
All parties suffer from mortgage fraud. To avoid being caught up in fraud, learn the warning signs and prevention steps. By working with the Ventura, CA Mortgage Fraud Attorneys at Strongest Defense, you can avoid and resolve mortgage fraud.
Warning Signs of Mortgage Fraud
Mortgage fraud can have major financial and legal consequences. Knowing mortgage fraud warning signs is essential for protection.
Here are some signs to look out for that might point to possible mortgage fraud:
- Inconsistencies in mortgage documents or missing pages
- Suspicious, unexpected fees or charges
- High-pressure tactics to sign documents without proper understanding
- Rapidly increasing or decreasing property values
- Inflated property value compared to neighborhood averages
- Inaccurate or inflated income details on loan applications
By identifying these warning signs, you can take steps to prevent falling victim to mortgage fraud.
Why Do I Need A Ventura CA Mortgage Fraud attorney?
When accused of mortgage fraud, you may wonder if you need a lawyer. Here are the convincing reasons:
- Insight Into Legal Nuances: Mortgage fraud involves a detailed understanding of both state and federal laws. Handling these complexities can be difficult without professional legal assistance.
- Differentiating Mistakes from Fraud: Even little mistakes in mortgage transactions might result in significant accusations. A skilled attorney can distinguish a mistake from fraud.
- Guidance in Investigations: If you’re facing mortgage fraud allegations, a defense attorney can help manage your case, safeguard your rights, and build a compelling defense.
- Mitigation of Severe Penalties: Mortgage fraud can result in severe consequences, including fines, license loss, and prison time. A skilled attorney can examine the situation, offer the best defense plan, and negotiate reduced charges.
- Leveraging the Burden of Proof: To prove mortgage fraud, the prosecutor must prove that the accused willfully benefitted from a fraudulent claim or behavior. An experienced attorney can use this burden of proof on the prosecution to vigorously defend your rights.
The bottom line is that hiring a Ventura, CA mortgage fraud attorney could be integral to navigating your case. A professional attorney can advise on strategy and ensure every feasible effort is taken to achieve a positive outcome.
Call Our Ventura Ca Mortgage Fraud attorney Now!
Are you grappling with a complex legal issue? Need to untangle yourself from a web of legal complications? Our Ventura, CA Mortgage Fraud attorney at Strongest Defense is equipped to help you navigate these turbulent waters.
In the mortgage fraud case or any other legal matter, our legal team has the knowledge. We grasp the law’s complexity and can construct strong legal defenses for various situations.
We specialize not just in mortgage and property fraud, but also cater to other related practice areas like violent crimes, first time DUI, drug crimes, sexual assault, going to court, and bail.
Every team member improves their skills in order to stay ahead. Strongest Defense takes pride in its dedication to every case. Our unrelenting commitment and effective techniques, tailored to each situation, assure the best conclusion.
At Strongest Defense, we don’t merely tackle your current issues. We aim to build a trusting relationship to serve as your go-to legal ally for any future challenges as well, covering an extensive spectrum of legal areas.
Contact us now for more information and to get started with your legal consultation.
