Mortgage Fraud is a very prevalent crime. These cases usually involve individuals who work for mortgage companies who obtain loans from banks for individuals based on fraudulent information. Bank statements may be altered in order to make the person seeking the loan look more desirable to the lender. Fraudulent credit information may also be given to the lender to cause the lender to provide loans. Many times the individuals who are given the loans to purchase houses do not have the means to pay the mortgage and the home goes into foreclosure. The lender is forced to sell the property at a loss. The sentences in these cases are determined in great part by the amount of loss sustained by the lender.
Many mortgage fraud cases are charged as conspiracies if two or more individuals are involved. A conspiracy is filed when the government believes that two or more people agreed to commit a crime and steps were taken by each individual to make that crime happen. These are called, “over acts”.
Sentences in mortgage fraud cases are generally based on the amount of loss either incurred or intended. A person’s roll in the offense can also be taken into consideration. If a person was a “leader or organizer” in the offense, they will receive a greater sentence. If a person played a minor or minimal roll, their sentence will be lower. A person’s criminal history is always taken into consideration at sentencing in federal court.
An experienced criminal defense attorney will spend a significant amount of time with her client discussing possible defenses and arguing their case. If a client is convicted by way of a guilty plea or jury verdict, the attorney will spend a great deal of time learning about her client’s history and background including any mitigating information and present this information to the court at sentencing.
Most mortgage fraud cases are filed in Federal Court and require the assistance of an experienced federal practitioner. Ms. Bass has extensive experience with these cases in federal court. She has obtained outstanding results for her clients.