Miami Mortgage Fraud Lawyer

Best Miami Mortgage Fraud Attorney

If you’re accused of providing false information or taking part in a fraudulent mortgage transaction, the situation can become serious fast. That’s where an experienced Miami mortgage fraud lawyer can step in. Hiring a Miami fraud lawyer from The Kirlew Law Firm, PLLC, provides you with the guidance you need when mortgage fraud allegations threaten your finances, career, or freedom.

About Us

The Kirlew Law Firm, PLLC, believes serious criminal allegations deserve serious representation. Our team takes an aggressive approach to protecting our clients’ rights, whether they’re facing an investigation for fraud, federal fraud charges, or another white-color criminal accusation.

What Is Mortgage Fraud?

In 2024, 20.9% of all sentences in Southern Florida were for white-collar crimes. Mortgage fraud, considered to be “white-collar,” involves knowingly using false, misleading, or incomplete information during a residential mortgage transaction with the intention to defraud. This can happen at different points in the process, but an inaccurate document or mistake doesn’t automatically mean someone committed fraud. Mortgage fraud sits alongside the other white-collar crime examples in Florida that carry felony exposure without any violence involved.

Prosecutors generally must establish the required criminal intent and other elements of the offense. Florida’s definition of the mortgage lending process is fairly broad. It can include any of the actions listed below:

• Soliciting or applying for a residential mortgage loan
  
• Negotiating the terms of a mortgage loan
  
• Providing information to lenders, appraisers, or other participants
  
• Signing and closing mortgage documents
  
• Funding the loan
  
• Filing mortgage-related documents with the clerk of court
  
• Using or facilitating material misstatements, misrepresentations, or omissions

Our Miami mortgage fraud attorneys can look closely at the circumstances surrounding the transaction and determine what prosecutors would actually have to prove to show intent.

Florida Mortgage Fraud Laws

Florida’s mortgage fraud laws cover more than one type of conduct, which means the particular statute involved can heavily depend on what prosecutors think happened. A borrower isn’t necessarily treated the same way as a mortgage broker, appraiser, real estate professional, investor, or seller. Each person’s role and alleged conduct have to be considered separately. 

Several Florida statutes could come into play in a mortgage fraud investigation, including the Florida mortgage fraud laws listed below:

• Fla. Stat. § 817.545 makes it illegal to knowingly provide false or important information, leave out important information, or otherwise mislead someone during a mortgage transaction when you’re doing it to commit fraud. It also covers the improper handling of mortgage money and documents.
  
• Fla. Stat. § 817.54 makes it illegal to get a mortgage or other type of loan document by lying, making false statements, or using other deceptive tactics.
  
• Fla. Stat. § 817.535 makes it illegal to file certain fake or fraudulent documents that affect someone’s property or ownership rights.

The same conduct can also be charged federally, where the difference between bank fraud and wire fraud shapes the exposure. Our Miami mortgage fraud attorneys can review your charging document, the investigative materials used to file the charges, and the underlying transaction to determine which mortgage fraud laws apply.

Mortgage Fraud Penalties in Florida

The potential mortgage fraud penalties depend on the offense you’re charged with and the facts surrounding the case. In Florida, mortgage fraud is generally classified as a third-degree felony. However, the classification increases when the loan value stated in documents used during the mortgage lending process exceeds a certain amount. Some potential mortgage fraud penalties are listed below:

• Under Fla. Stat. § 775.082, a second-degree felony can carry up to 15 years in prison, while a third-degree felony can carry up to five years in prison.
  
• Under Fla. Stat. § 775.083, a second-degree felony can carry a fine of no more than $10,000, while a third-degree felony can carry a fine of up to $5,000, subject to statutory exceptions.
  
• Under Fla. Stat. § 775.084, certain repeat offenders can face enhanced sentencing, including longer prison terms.
  
• Under Fla. Stat. § 921.002, Florida’s Criminal Punishment Code provides the framework courts generally use when determining felony sentences.

These potential mortgage fraud penalties make it important to understand exactly what offense has been charged and what evidence supports it. Our Miami mortgage fraud attorneys know that a careful defense starts by separating what actually happened from what investigators believe happened which is why recognizing the signs of a federal investigation in Florida early matters so much.

FAQs

Can A Mortgage Lender Report Suspected Fraud to Law Enforcement?

Yes, a mortgage lender can report suspected fraud to law enforcement. That report, though, doesn’t establish criminal liability by itself. Investigators still need evidence supporting the applicable offense. The circumstances behind the report can become important later, including what prompted the lender’s concerns and whether the underlying documents actually support the allegations being made.

Does Mortgage Fraud Have to Involve a Homeowner?

No, mortgage fraud doesn’t have to involve a homeowner. Allegations can involve borrowers, sellers, mortgage brokers, real estate professionals, appraisers, investors, or other people connected to a residential mortgage transaction. What matters is the person’s alleged conduct and whether the evidence supports the specific elements that need to be proven in the case.

Can Mortgage Fraud Allegations Affect a Professional License?

Yes, potentially, mortgage fraud allegations can affect a professional license. People working in professions that require state licensing could face separate administrative or regulatory issues following a criminal investigation or conviction. The consequences depend on the profession, the licensing authority, and the circumstances involved. However, developments in a criminal case could have implications in your licensing matter.

Can Mortgage Fraud Involve a Property That Was Never Sold?

Yes, mortgage fraud can involve a property that was never sold. Florida’s definition of the mortgage lending process covers activities like the solicitation of a loan, applications, underwriting, signing, closing, and funding. Whether criminal liability exists depends on what is alleged, the applicable statute, and whether prosecutors can prove all required elements of the alleged offense.

Hire a Mortgage Fraud Lawyer in Miami

When you need to hire a mortgage fraud lawyer, having a firm that understands the local legal system can make a meaningful difference. The attorneys at The Kirlew Law Firm, PLLC live and work in Miami, so we understand the courts, procedures, and legal environment where your case is handled.

Our team regularly practices in the Richard E. Gerstein Justice Building in Miami and the Miami-Dade County Courthouse in downtown Miami, allowing us to provide representation grounded in experience with the Miami legal system. Contact us to schedule a consultation.