Mortgage Fraud

Understanding Mortgage Fraud

Mortgage fraud is a serious financial crime involving the use of false information, misrepresentation, or deceptive practices to obtain a mortgage loan or manipulate the terms of a mortgage agreement. Prosecutors view mortgage fraud as a direct threat to the integrity of the housing market and financial institutions, and they aggressively pursue individuals and businesses suspected of engaging in fraudulent mortgage activities.

Mortgage fraud can take many forms, including:

Application Fraud: Providing false information on a mortgage application, such as overstating income, falsifying employment records, or misrepresenting the value of assets.
Income and Asset Fraud: Fabricating income documents, falsifying bank statements, or using fake tax returns to qualify for a loan.
Occupancy Fraud: Misrepresenting the intended use of the property (claiming a property is for primary residence when it is actually an investment property).
Property Flipping Fraud: Buying a property at a low price and quickly reselling it at a much higher price based on inflated appraisals or false renovations.
Straw Buyer Schemes: Using another person’s identity or credit to secure a mortgage on behalf of the true purchaser.
Equity Skimming: Obtaining a mortgage on a property without any intent to repay the loan, often by transferring ownership to a straw buyer and collecting rental income without paying the mortgage.
Foreclosure Rescue Schemes: Offering false promises to distressed homeowners, taking control of their property, and using it for personal profit.
Appraisal Fraud: Using inflated or fraudulent appraisals to increase the value of a property and secure a larger loan.
Short Sale Fraud: Manipulating short sale transactions to purchase properties at reduced prices through false claims of financial hardship.

Mortgage fraud can be prosecuted under federal laws, including the Bank Fraud Statute (18 U.S.C. § 1344), Wire Fraud Statute (18 U.S.C. § 1343), Mail Fraud Statute (18 U.S.C. § 1341), and False Statements Statute (18 U.S.C. § 1001). Investigations are typically led by federal agencies, including the Federal Bureau of Investigation (FBI), Department of Justice (DOJ), Department of Housing and Urban Development (HUD), Office of the Inspector General (HUD-OIG), and the Federal Housing Finance Agency (FHFA).

Mortgage fraud cases can be complex, involving extensive financial records, property appraisals, loan documents, and communications with lenders. Because mortgage fraud can result in significant financial losses for lenders and investors, prosecutors are highly motivated to secure convictions.

Our Approach to Mortgage Fraud Defense: Strategic, Evidence-Driven, and Proactive

At A Einhorn Law, we understand that mortgage fraud cases are complex, high stakes matters involving detailed financial records, loan documents, and property transactions. Our approach is built on providing a strong, proactive defense that protects your rights and minimizes your exposure.

Thorough Case Review: We begin by conducting a detailed review of the allegations, mortgage documents, financial records, appraisals, and any other relevant evidence. Our goal is to identify weaknesses in the prosecution’s case.
Challenging the Government’s Evidence: We critically analyze the government’s evidence, challenging their ability to prove fraudulent intent, false statements, or misrepresentations. In many cases, errors or misunderstandings can be misinterpreted as fraud.
Strategic Defense Development: Our defense strategy is customized to your case, whether that means demonstrating that your actions were lawful, showing that you relied on professional advice, or negotiating for reduced charges.
Access to Financial and Real Estate Experts: Where necessary, we work with forensic accountants, appraisers, and mortgage industry experts to analyze complex transactions, verify property values, and challenge the government’s conclusions.
Protecting Your Reputation: We recognize that mortgage fraud allegations can damage your name, especially for real estate professionals, lenders, and business owners. Whenever possible, we work to resolve these cases discreetly.
Negotiation and Litigation Skills: Whether your case is best resolved through negotiation with prosecutors or requires a strong defense at trial, we are prepared to advocate for you with skill and determination.
Defending Against Related Charges: Mortgage fraud investigations often lead to additional allegations, including wire fraud, mail fraud, bank fraud, money laundering, conspiracy, and obstruction of justice. We are prepared to defend you against any related charges.

Whether you are a homebuyer, real estate investor, mortgage broker, appraiser, real estate agent, or business owner accused of mortgage fraud, we are here to protect your rights and secure the best possible outcome.

Why Choose Us for Mortgage Fraud Defense?

When facing mortgage fraud allegations, choosing the right defense attorney is critical. At A Einhorn Law, we offer a unique combination of experience, skill, and personalized representation. Here is what sets us apart:

Elite BigLaw Background: Our firm’s experience includes nearly a decade of handling complex, high-stakes financial crime cases at a top-tier BigLaw firm, including mortgage fraud, bank fraud, and real estate fraud.
Strategic, Evidence-Driven Defense: We do not take a one-size-fits-all approach. Instead, we conduct a detailed investigation of the facts, challenge the evidence, and develop a customized defense strategy.
Access to Financial and Real Estate Experts: We work with forensic accountants, appraisers, mortgage industry experts, and other specialists to analyze complex transactions, verify property values, and challenge the government’s conclusions.
Discreet, Reputation Protection: We recognize that mortgage fraud allegations can damage your name, your career, and your business. Our practice is built on maintaining client privacy and resolving cases with minimal exposure.
Defending Against Related Charges: Mortgage fraud investigations often lead to multiple allegations, including wire fraud, mail fraud, bank fraud, conspiracy, and money laundering. We are prepared to defend you against any related charges.
Selective, Client-Focused Representation: Our practice is intentionally selective. We take on fewer cases to ensure that each client receives focused, high-caliber representation.

A Einhorn Law is here to defend your rights, protect your reputation, and secure your future — with the experience, strategy, and dedication that complex mortgage fraud cases demand.