Mortgage fraud follows along the same vein as bank fraud in that the federal government has stepped up its attention of mortgage fraud due to the crash of the housing market.  Economic conditions have greatly affected the prosecution of financial-oriented crimes and therefore the government has taken a stiff hand to many violators.  While the instance of bank fraud prosecutions has decreased in recent years, other related instances of fraud, such as mortgage fraud, have actually increased in prosecution.  It is therefore important that you hire a qualified mortgage fraud attorney in Phoenix, AZ as soon as you are charged.

Mortgage Fraud in Phoenix, Arizona

Mortgage fraud has frequently been found to occur to unsuspecting home owners who may have been pressured by their bank to fudge a number or report a falsity on one line out of hundreds.  However, this one line is critical to the federal government, and once banks go back through their records and discover this, they have the right to give your case to federal prosecutors.  Often, mortgage brokers are also to blame for these falsities which they fill out on your loan application without your knowledge.  While these mortgage brokers are often charged as well, according to the federal government, this does not excuse your own wrongdoing.

Lately, the federal government has been targeting homeowners who took out loans rather than banks that issued the fraudulent loans.  Don’t be another one of these numbers if you were the victim of mortgage fraud yourself.  The federal government is seeking to punish someone for the housing crisis, and typically takes the brunt of its punishment out on small home buyers who trusted the wrong bank or mortgage broker.

Mortgage Fraud Defense

Fortunately for many homeowners, the government has to prove that the homeowner who committed fraud intentionally and purposefully misreported information in order to commit fraud.  Any statements which were falsely made must be established beyond a reasonable doubt and must be shown to have been capable of influencing the decision-making person to whom it was addressed.

While these seem like high hurdles to cross, in many cases it is easy to prove that the homeowner was unaware of the fraud they committed or did so at the request of the loan agent.  Buying a home is full of complicated paperwork, and while the homeowner may have knowingly or unknowingly committed fraud, they typically did so at the request of whoever was assisting them in completing the mortgage application.  If you are accused of committing mortgage fraud, do not despair.  Our experienced and successful criminal lawyers in Phoenix, AZ are on your side and will fight to ensure you are not unfairly prosecuted.

Dwane Cates

Do not become another statistic in the collapse of the housing bubble.  If you wished to pursue the American dream of owning your home, only to have this dream shattered by the housing market collapse, and then have been prosecuted for your attempt to own a home, contact our offices today.  We empathize with our clients and understand that many times it is not their fault, but simply a misunderstanding or a placement of too much trust in their bank.  Dwane Cates is an experienced phoenix mortgage fraud attorney who knows how to draft the best defense for your unique case.  Do not become another statistic.

Contact our offices today for your initial free consultation


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