Saint Petersburg Lawyers Explain How to Avoid Conviction for Mortgage Fraud
Getting accused of mortgage fraud can be scary. Even if you didn’t mean to commit fraud, the penalties can be severe. But there are ways to fight the charges and avoid conviction in Saint Petersburg.
Me and my colleagues at the law firm have defended many clients against mortgage fraud allegations. Over the years, we’ve learned the best defenses that get charges reduced or dismissed. I want to share our expertise so you understand your options if accused of mortgage fraud.
What is Mortgage Fraud?
Let’s start with what mortgage fraud is. There’s a few main types:
- Lying on a mortgage application about your income, assets, employment, or other information.
- Using false documents like bank statements or tax returns to get approved.
- Getting a mortgage for a property you don’t intend to live in.
- Lying about who will occupy the property.
- Applying for multiple mortgages on the same property from different lenders.
Mortgage fraud often happens when people get desperate to buy a home. But even if you didn’t mean any harm, it can still be illegal.
Penalties for Mortgage Fraud
Under Florida law, mortgage fraud over $100,000 is a first-degree felony. Penalties can include:
- Up to 30 years in prison.
- Up to $10,000 in fines.
- Permanent criminal record.
- Loss of civil rights like voting and gun ownership.
- Deportation for non-citizens.
Even amounts under $100,000 carry stiff penalties like 5 years in prison. The consequences can ruin your life.
Fighting the Charges in Court
The good news is prosecutors must prove guilt “beyond reasonable doubt.” With an experienced defense attorney, many clients avoid conviction. Here are effective strategies we use:
1. File a Motion to Dismiss
We review the arrest warrant and charges to identify any technical errors. If the affidavit has mistakes or lacks probable cause, we can get the charges dismissed before trial.
2. Negotiate Reduced Charges
Prosecutors often overcharge at first. We present mitigating evidence and argue for dropping or reducing charges. Many cases resolve through plea bargains to lesser offenses.
3. Claim Entrapment
If police or informants pressured you into committing fraud, entrapment is a valid defense. We argue you lacked criminal intent without their persuasion.
4. Challenge Faulty Evidence
If the prosecution’s documents or witness testimony contain errors, we can get evidence thrown out or discredited. Police also make mistakes gathering evidence that violate your rights.
5. Present Good Character Evidence
Judges/juries look favorably on defendants without criminal histories who show community ties, steady jobs, etc. We introduce evidence about your law-abiding background.
Avoiding Mortgage Fraud Charges
The best option is avoiding mortgage fraud altogether. Be completely truthful when applying for home loans:
- Accurately report income, assets, debts, and employment.
- Use real pay stubs, tax returns, bank statements, etc. Don’t alter documents.
- Disclose if you won’t occupy the property as a primary residence.
- Don’t take out multiple mortgages on the same property.
If you already committed fraud, consult an attorney before charges get filed. In some cases, we can negotiate pre-trial diversion or have charges dropped if you cooperate early on.
Our Saint Petersburg Defense Lawyers Can Help
I hope this gives you a better idea of how mortgage fraud charges can be defeated. Don’t go it alone against prosecutors. With an experienced lawyer guiding your defense, many clients see charges reduced or dismissed.
If you’re under investigation or facing charges, contact us for a free case evaluation. We’ll craft a customized defense to fight the allegations and protect your rights. Don’t wait – call today to discuss your options.
Florida Statutes, Title XLVI, Chapter 817 – Fraudulent Practices, 817.545 – Mortgage Fraud
U.S. Code, Title 18, Part I, Chapter 47 § 1014 – Loan and credit applications generally; renewals and discounts; crop insurance
Justia – Entrapment – A Defense to Criminal Charges
Nolo – Entrapment as a Criminal Defense