Hedding Law Firm

Mortgage Fraud Lawyer In California – Penal Code § 532F

People don’t realize that when they are trying to apply for a loan and trying to get a mortgage and a refinance related to a home, when the mortgage companies are having you fill those forms out and asking you questions, if you commit a material lie related to getting a loan having to do with a mortgage in Los Angeles, you can be prosecuted for that and it’s a very serious violation. Mortgage fraud is described under California Penal Code Section 532f.

Providing False Information

A lot of times when you lie on those documents, it’s very easy for the government/prosecutors to prove the case against you because you have put it in writing and signed it. A lot of times you have had it notarized under penalty to perjury and you’ve lied.

The biggest thing that bothers me about these mortgage fraud cases in Los Angeles, California is a lot of times it is really not necessarily completely the fault of the defendant who is charged with mortgage fraud. A lot of times the company or the bank who are helping you with the loan, are really encouraging you to sign these documents, to put certain things in there.

They’re basically trying to protect themselves and get so much documentation that you have all these assets and you can pay the loan back that they encourage you to commit mortgage fraud. They encourage you to say and sign things, but the reality is, they aren’t going to be the ones in trouble when things go awry and you’re all of a sudden charged with mortgage fraud.

They’re going to say we told them to tell the truth. Of course, they’re going to protect themselves, so you have to make sure when you fill out these documents that you fill them out honestly and completely because if you don’t, you’re going to be subject to a big problem.

The reality though is, if you’re reading this post you’re probably charged with mortgage fraud and it’s too late. You’ve already filled the documents out. The prosecutors are people too. They live in society and they know that these mortgage companies and loan people will say and do anything they can to get these loans effectuated.

So, if we can really mount a strong argument that you weren’t trying to do anything unlawful or unfair and that they encouraged you to do this, you will be in a much better position to try to avoid a mortgage fraud conviction in Los Angeles and either get the case dismissed or get some sort of a lesser charge – maybe some sort of a diversionary problem.

It’s really going to have a lot to do with what you did, what arguments we can mount to mitigate what happened, to show your version of events and your story as it relates to this mortgage fraud or real estate fraud case.

What Are Some Defenses To Mortgage Fraud?

Certainly, a defense would be that whatever you put on there is true. You can bring the documentation and the argument and the paperwork to show that you didn’t lie on any documentation. Then you can defend your mortgage fraud case. Or if you didn’t sign certain documentation related to this mortgage fraud allegation against you, then you can certainly prove that you’re not guilty of whatever is charged.

Again, one of the biggest things that bother me with these mortgage fraud cases in California is that the whole financial system is just set up to protect the banks, protect the people loaning the money, and really doesn’t have much regard for the consumer – the person attempting to get the loan.

It’s almost as though you have already the money in the bank that you’re asking for, and then they’ll give it to you which of course makes no sense and is not realistic. What’s actually very interesting in these mortgage fraud cases is you could fill out all the documents you want – there could be faulty information in there, but it’s not until something goes wrong and all of a sudden somebody’s out some money, a payment is not made, or during the loan process it’s clear that somebody is trying to cheat the bank that things go awry and all of a sudden the people who are loaning the money – the banks, the companies – say wait a minute, we’re going to get the police involved on this one so we can’t get sued and we’re going to get ourselves out of it that way.

Develop a Defense Strategy with Experience Lawyer

Really what you need to do is get somebody who has been down this road before, who has done a lot of these criminal defense cases related to mortgage fraud, tell them your whole story, and then with their experience – I’ve been doing this twenty-five years – I’ll be able to give you kind of a good feel for what you’re up against, what you’re facing, what type of defenses you might have available and what the best route is for you. This will help you get a good peace of mind and a good feel for what you can do related to your mortgage fraud case in Los Angeles. Contact our criminal defense lawyers to review your case.

For more information on Defenses To Mortgage Fraud in California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 374-3952 today.

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Ronald D. Hedding, ESQ.

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