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NYC MORTGAGE FRAUD LAWYERS
NYC MORTGAGE FRAUD LAWYERS
Over 50 Years of Combined Experience
If you’re on this page, it’s likely because you or someone you love is facing mortgage fraud allegations—or fears charges are coming soon. Mortgage fraud is a serious offense that carries severe penalties, from steep fines to decades behind bars. At Spodek Law Group, we understand the gravity of these charges. Our legal team has over 50 years of combined experience and stands ready to help you, no matter how complex your situation may seem.
What Is Mortgage Fraud?
The FBI classifies mortgage fraud as a subcategory of financial institution fraud. In simplest terms, it’s any “material misstatement, misrepresentation, or omission” used to obtain a mortgage loan under false or deceptive pretenses. Some people commit this crime unwittingly—perhaps by stretching the truth on an application. Others commit it knowingly with elaborate, profit-driven schemes.
Mortgage fraud typically falls under three broad categories:
- Fraud for Housing
- Often perpetrated by a borrower who wants to purchase a home they cannot truly afford.
- May involve small “fibs” on income statements or more elaborate falsifications of documents.
- Typically driven by desperation or hope, rather than the calculated intent to defraud.
- Fraud for Profit
- Commonly executed by real estate insiders—loan officers, appraisers, and investors—who exploit industry knowledge.
- Complex, high-dollar schemes often reported in major news outlets.
- Can include inflated appraisals, flipping properties without making real improvements, and other sophisticated scams.
- Fraud for Criminal Enterprise
- Frequently secondary to larger criminal activities, such as money laundering.
- The goal here isn’t homeownership; it’s concealing unlawful funds through real estate transactions.
Regardless of the category, if you’re under investigation or charged with mortgage fraud, you need experienced representation immediately.
Criminal Charges & Potential Penalties
There are no dedicated federal statutes named “mortgage fraud.” Instead, prosecutors rely on a patchwork of federal laws—each with its own harsh penalties. Below are some of the most common charges:
- Mail Fraud
- Involves using the U.S. Postal Service to send falsified or misleading documents.
- Punishable by up to 20 years in prison.
- Wire Fraud
- More prevalent than mail fraud in mortgage fraud cases since most documents and funds transfer electronically.
- Carries a maximum 20-year prison sentence.
- Bank Fraud
- Used if the victimized party is a financial institution.
- Maximum penalty is 30 years in prison.
- Interstate Transportation of Funds Obtained by Fraud
- Targets the movement of at least $5,000 in fraudulently obtained funds across state lines.
- Comes with up to 10 years in prison.
- False Statements to a Financial Institution
- Involves lying about finances, assets, or income to secure a more favorable loan or interest rate.
- Punishable by up to 30 years in prison and fines up to $1 million.
- Money Laundering
- Can be charged when prosecutors allege you used housing transactions to clean illicit funds.
- Carries up to 20 years of prison time.
- Conspiracy
- Enables prosecutors to describe elaborate, multi-person fraud rings in great detail.
- May carry a 30-year sentence.
Often, you’ll face additional charges—like identity theft or making false statements to government agencies—depending on how the alleged fraud was carried out. If you are convicted, the judge may impose longer sentences under aggravating circumstances, like large-scale operations or prior convictions.
Serious Charges Require Serious Representation
Mortgage fraud is a high-stakes, complicated area of law, involving multiple statutes and overlapping agencies. It’s easy to feel overwhelmed. That’s why hiring an experienced defense team is critical. At Spodek Law Group, we leverage decades of combined experience to evaluate, strategize, and fight for your rights at every turn.
- We’re Available 24/7: Legal crises don’t respect business hours. We make sure you can always reach us.
- Nationwide Support: Our attorneys have experience handling complex fraud cases from coast to coast.
- Client-Centered Approach: We believe every defendant deserves honesty and dedication. We pride ourselves on transparent communications, thorough case evaluations, and fierce advocacy.
No attorney can promise a guaranteed win, but at Spodek Law Group, we put the odds more in your favor with smart, calculated defense strategies. The stakes are enormous when you’re confronting potential decades behind bars and hefty financial penalties—you need a defense team that is as serious as the charges you face.
Mortgage Application Fraud Lawyers
Mortgage fraud often starts at the application phase. Whether you’re a borrower stretching the truth, or a professional accused of misrepresenting property values, an innocent error can spiral into felony charges if not handled correctly. Our lawyers have the experience to dissect your case and show that there was no criminal intent, or that you never had the specific knowledge required for a conviction.
Multiple Points of Origin
- Applicants: Borrowers sometimes inflate their incomes or lie about employment to secure higher loans.
- Real Estate Professionals: Agents or brokers might manipulate property details or appraisals to close a sale.
- Mortgage Brokers / Appraisers: May omit or fabricate data, driving profits for themselves or partners.
Red Flags Indicating Fraud
- Inconsistent Information: Data on an application that conflicts with other records.
- Omissions: Failing to include material details that would likely affect the loan’s outcome.
- Missing Documentation: Promising to provide certain documents later but never producing them.
Penalties for Mortgage Application Fraud
Mortgage fraud charges often fall under the Fraud Enforcement and Recovery Act of 2009 (FERA). In New York, judges also look at whether the applicant’s motive was securing a basic necessity (like housing) or flipping a quick profit. Penalties can include:
- Fines: Up to $100,000, based on severity.
- Prison Sentences: Up to 30 years, depending on specific charges and aggravating factors.
Building a Strong Defense
Your best defense is proving a lack of criminal intent. You might have simply made an error while compiling extensive paperwork—no malicious intent, no crime. We understand what it takes to prove that oversight is not fraud, and our legal team will fight relentlessly to defend your rights.
Title Fraud Lawyers
Title Fraud is another high-risk area that can lead to life-altering penalties. This offense involves improperly changing or transferring title ownership without legitimate authority—sometimes through false promises or outright identity theft.
What Is Title Fraud?
- Impersonating the property owner to transfer ownership.
- Convincing the rightful owner to sign over the title using deceptive claims.
- Selling a property under false pretenses, causing financial harm to multiple parties.
Title Insurance Fraud
- Misappropriating Title Insurance Premiums: Failing to issue an actual policy after taking payment.
- Misrepresenting Title Defects: Deceiving underwriters or policyholders for personal gain.
Penalties for Title Insurance Fraud
Penalties vary based on state and federal statutes, and whether a bank or insurance company is the direct victim. You could face:
- State-Level Offenses: Ranging from misdemeanor to felony charges, with possible prison time.
- Federal Charges: Bank fraud, conspiracy, mail, or wire fraud—each with the potential for significant prison terms and staggering fines.
Getting Help
At Spodek Law Group, our attorneys have deep experience in real estate fraud cases, including title fraud and related insurance offenses. We’ll look for opportunities to have charges dismissed or significantly reduced, and if necessary, we’ll stand by your side throughout trial to protect your rights.
Mortgage Insurance Fraud Defense
Mortgage insurance allows lenders to protect themselves when borrowers make smaller down payments. When someone obtains or uses mortgage insurance fraudulently—perhaps by lying about income or staging a short sale to get out from under debt—serious criminal charges can follow.
What Is Mortgage Insurance Fraud?
- False Statements: Misrepresenting your employment status or assets when applying for a mortgage loan that requires PMI (Private Mortgage Insurance).
- Short Sale Manipulation: Claiming financial hardship or presenting an artificially low property value to secure short-sale approval.
Prosecutors must prove that you intentionally misled a lender or insurer to obtain coverage or benefits. If convicted, you could face decades in prison and massive fines, especially if bank or wire fraud charges apply.
Appraisal Fraud Lawyers
Appraisal fraud can happen when a home’s value is either inflated or minimized to deceive lenders, insurance companies, or other interested parties.
Common Appraisal Fraud Scenarios
- Inflated Values
- Appraisers overstate property values, enabling owners to refinance or obtain home-equity loans beyond the true worth.
- Builder Bailout Schemes
- Inflated appraisals to help a builder show artificial profits or qualify for bigger lines of credit.
- Understating Property Values
- Used in short sale fraud, buying a home at a low price so the bank takes a bigger loss, then quickly flipping it at market value.
Penalties for Appraisal Fraud
- Loss of Professional Licenses
- Federal or State Criminal Charges
- Civil Lawsuits & Financial Restitution
- Potential 30-Year Prison Terms and fines up to $1 million under bank or wire fraud statutes.
Why Choose Spodek Law Group
Nationwide Service
We handle real estate fraud cases across the United States, offering a network of resources to build the best possible defense.
Award-Winning Legal Team
Our attorneys have been recognized for excellence and have appeared on major media outlets for legal insights. When the stakes are high, experience matters.
Personalized Attention
We keep our caseload selective, ensuring our team can dedicate the focus and time your case deserves. We treat every client with empathy, respect, and unwavering commitment.
Risk-Free Consultation
Call us 24/7 for a thorough, confidential case evaluation. We’ll discuss potential strategies and how we can fight for your future.
Accused of Mortgage Fraud? Talk to Us—We Can Help
Mortgage fraud isn’t always black and white. A single oversight in a sea of paperwork or an unintentional omission can lead to devastating consequences. At Spodek Law Group, we dig deep into the details—examining every angle to ensure the strongest defense possible. If you’re facing charges related to mortgage, title, insurance, or appraisal fraud, reach out to us immediately.
We’re here to protect you, your rights, and your future. Schedule a risk-free consultation today and let us show you why clients nationwide trust Spodek Law Group when their freedom and reputation are on the line.