Orlando Mortgage Fraud Defense Attorney
If you have been charged with mortgage fraud in Orlando or in any other place within the Central Florida area it is critical that you immediately contact a highly experienced Orlando mortgage fraud defense attorney.
Mortgage fraud can often be charged as bank fraud if the crime involves a federally insured bank, or may be charged as wire fraud or mail fraud, even if an institution is not insured by the FDIC. Mortgage fraud is defined and covered by specific statutes in other states, or sometimes charged as grand theft.
Mortgage Fraud under Florida Law
Mortgage fraud crimes in the state of Florida are specifically listed in Florida Statute 817.545.
A person commits the offense of mortgage fraud if, with the intent to defraud, the person knowingly:
- Makes any material misstatement, misrepresentation, or omission during the mortgage lending process with the intention that the misstatement, misrepresentation, or omission will be relied on by a mortgage lender, borrower, or any other person or entity involved in the mortgage lending process; however, omissions on a loan application regarding employment, income, or assets for a loan which does not require this information are not considered a material omission for purposes of this subsection.
- Uses or facilitates the use of any material misstatement, misrepresentation, or omission during the mortgage lending process with the intention that the material misstatement, misrepresentation, or omission will be relied on by a mortgage lender, borrower, or any other person or entity involved in the mortgage lending process; however, omissions on a loan application regarding employment, income, or assets for a loan which does not require this information are not considered a material omission for purposes of this subsection.
- Receives any proceeds or any other funds in connection with the mortgage lending process that the person knew resulted from a violation from the above
- Files or causes to be filed with the clerk of the circuit court for any county of this state a document involved in the mortgage lending process which contains a material misstatement, misrepresentation, or omission.
Mortgage Fraud - What does it Means?
In essence, if a person intentionally gives false information, normally relating to their assets, income, debts or identity, with the goal of getting a mortgage that they would otherwise not likely get, or to enhance their chances of receiving funds to which they are not entitled, then they commit mortgage fraud.
Where Can You be Held Accountable for Mortgage Fraud?
- In the county in which the real property is located
- In any county in which a material act was performed in furtherance of the violation.
Mortgage Fraud Possible Penalties
Mortgage fraud is considered a felony of the third degree. If the loan value stated on the documents used in the mortgage lending process exceeds $100,000, this is considered a felony of the second degree.
Mortgage fraud charges are taken very seriously by Florida prosecutors and the penalties can be long lasting and live changing for both you and your family. That is why it so important to have someone very experienced and knowledgeable on your side. Call Orlando mortgage fraud defense lawyer Jack Kaleita immediately if you are charged, or think you may be charged, with mortgage fraud. Our early intervention can make a big difference in the outcome of your case!
Contact our Central Florida Mortgage Fraud Defense Lawyer
If you or someone you care about is facing an accusation of mortgage fraud, call criminal defense Attorney Jack Kaleita today for a free consultation! As a former senior Florida prosecutor, Mr. Kaleita is thoroughly familiar with how criminal cases are handled and prepared for trial by the government against the accused. Use this knowledge to your advantage and contact us today! We are available at (866) 422-7934 or (407) 831-7800. You may also send us an email at firstname.lastname@example.org and Central Florida mortgage fraud defense attorney Jack Kaleita will contact you shortly. Our law firm is committed to protecting your rights. We are conveniently located just off Interstate 4, in Longwood, minutes away from downtown Orlando, and easily accessible from every direction.