Atlanta Mortgage Fraud Defense Attorneys
Mortgage fraud in Atlanta, Georgia is a serious offense that can be punishable by substantial fines and jail time. If you are facing charges for involvement in a mortgage fraud scheme, be sure you have strong representation from a qualified Georgia mortgage fraud attorney.
At the criminal defense law firm of Garland, Samuel & Loeb, we represent clients in a broad range of state and federal mortgage fraud cases, including filing fraudulent loan applications or documentation, procuring or submitting fraudulent appraisals, and many others. Our clients have included buyers, appraisers, real estate brokers and mortgage company representatives.
Contact our office today to discuss your mortgage fraud case. Following your first free consultation, our mortgage fraud lawyers can provide the legal advice you need to start fighting these charges in state or federal court. We are available during regular business hours and by appointment at other times.
What Is Mortgage Fraud and Types of Mortgage Fraud
Mortgage fraud is a broad category of crimes rather than a charge, and there are both state charges and federal charges. If you are accused of being part of a mortgage fraud scheme, you may be charged for committing any of the following acts:
Fraudulent loan applications or documentation
Fraudulent sales contracts
Fraudulent representation of financial information
Procuring or submitting fraudulent appraisals
State crimes like residential mortgage fraud are covered by the 2022 Georgia Code Title 16. You are considered to commit this offense if you:
Knowingly make any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process;
Knowingly use or facilitate the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process;
Receive any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph (1) or (2) of this Code section;
Conspire to violate any of the provisions of paragraph (1), (2), or (3) of this Code section; or
File or cause to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission.
This is just one example of mortgage fraud that can be prosecuted in the state of Georgia. There are also federal criminal charges that apply to some mortgage fraud schemes. 18 U.S. Code § 157 makes it a crime to engage in any scheme to defraud during the mortgage application process.
If you are convicted of mortgage fraud, you can face sentences as severe as 20 years in prison, $5 million in fines, and confiscation of your properties. Probation is rarely offered for these federal charges, and sentencing guidelines may require you to serve years before you are eligible for release.
You should always take charges like this very seriously. A lawyer will help you understand how to fight back.
How Our Legal Team Can Support You Through Fraud Charges
Our attorneys have extensive experience in mortgage fraud cases. When you hire our team, we conduct a complete investigation of your case and review all the evidence against you.
Mortgage fraud cases frequently hinge on several key issues. When the government believes a misrepresentation was made in a loan application, we work to demonstrate that the statements were true and correct. When the case turns on the accused party’s intent, we present the strongest possible argument that you acted in good faith and had no intent to break the law.
When the prosecution takes the position that the accused played a major role in committing the fraud, we work to demonstrate that you were an unknowing participant in the mortgage fraud scheme. Regardless of the allegations or the strength of the Government’s case, we always fight to obtain the best possible resolution on your behalf.
FAQs About Mortgage Fraud in Georgia
If you have more questions about how a criminal defense attorney can help you in Atlanta, Georgia, you’ll find quick answers to common questions below. Remember that this does not constitute legal advice, and you should speak to a lawyer regarding the details of your case.
What is the Mortgage Fraud Act in Georgia?
The Georgia Residential Mortgage Fraud Act is the major piece of mortgage fraud legislation that exists in this state. It is a recent law that was only passed in 2022. Most other types of mortgage fraud are considered to be federal crimes.
What is the definition of a pattern of residential mortgage fraud in Georgia?
You may be found to be engaging in a pattern of residential mortgage fraud if you make
“One or more misstatements, misrepresentations, or omissions during the mortgage lending process involving two or more residential properties with the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics.”
What is shotgunning in mortgage fraud?
"Mortgage shotgunning" or "mortgage slamming" occurs when a person takes out multiple loans secured by the same home or piece of property. The object of this fraud is often to gain loans that exceed the property's value by a significant amount.
Contact Our Team of Mortgage Fraud Defense Lawyers
If you are charged with mortgage fraud under state or federal law, you should contact our experienced attorneys. This type of fraud is one of the core practice areas of our law office. We have assisted our clients with this and similar charges, such as mortgage loan fraud and bank fraud.
We’ll support you throughout your case as Atlanta’s mortgage fraud firm. We believe in a strong attorney-client relationship and that everyone deserves to be considered innocent until proven guilty. Get started using our mortgage fraud case contact form.