Nashville Mortgage
Fraud Attorney

The real estate market in the United States is incredibly complex, and buying new real estate can be just as exciting as it is frustrating. If you plan to enter into any real estate transaction in the near future that entails a mortgage, it is vital to understand your rights and obligations when it comes to signing a mortgage. Unfortunately, some people choose to intentionally obfuscate the truth in their mortgage applications or falsify information to secure better deals. When mortgage fraud occurs, the incident can lead to a significant civil or criminal case, potentially at the federal level.

If you are involved in any type of mortgage fraud case, you need defense counsel you can trust to help you navigate the situation effectively. A Nashville mortgage fraud attorney is a tremendous asset in this situation who can help you determine your best possible defenses and minimize your potential penalties. Mortgage fraud is a type of white collar crime that can lead to state or federal criminal charges, and it’s essential to have reliable defense representation no matter what your mortgage fraud case entails.

Whenever an individual is accused of any type of fraud, the legal proceedings that follow are likely to be extremely complex and entail extensive document discovery and research. A mortgage fraud case can develop from an honest mistake, calculation error, or failure to recognize an applicable statute. It’s also possible for intentional misconduct to generate a mortgage fraud case.

Attempting to defend yourself in this situation without an attorney is extremely risky. Not only are you unlikely to succeed with self-representation, but you are also likely to face the most severe penalties possible for your offense. Depending on whether your criminal case unfolds at the state or federal level, you could face years in prison and extremely expensive fines. Hiring the right Nashville mortgage fraud lawyer can allow you to approach your case with greater confidence.

McNally Law offers years of experience in a wide range of white collar crime cases, including those pertaining to mortgage fraud. Our team can represent you at the state level, but we also have extensive experience handling criminal defense against federal criminal charges. We will carefully review the details of your situation and help you determine your best available defenses.

Mortgage fraud occurs whenever a party entering a mortgage contract knowingly and intentionally omits critical information that, if known by the other parties involved, would materially change the nature of the contract. One of the most commonly reported forms of mortgage fraud in the U.S. is falsification of mortgage applications. A party may attempt to falsify the information in their mortgage application to secure more favorable mortgage terms. It’s also possible for mortgage fraud to entail defrauding federal programs. The defendant could face charges of violating the False Claims Act (FCA) in this situation.

If your case involves a violation of the FCA, it’s possible to face extraordinary fines for each cited incident. If your case involves any federally related real estate loan, the penalties could exceed $1 million in fines and 30 years in prison. A state or federal mortgage fraud case can involve a variety of fraudulent actions, including:

• Intentionally falsifying information on a mortgage application. A borrower may lie on a mortgage application to secure a mortgage they technically do not qualify to obtain.
• Foreclosure fraud. This type of fraud is typically aimed at homeowners trying to avoid foreclosure.
• Intentional failure to disclose residential information.
• Fraudulent down payments. This process aims to help borrowers qualify for mortgages that would otherwise be unavailable to them.
• Double-selling. Simply put, this form of mortgage fraud involves selling real estate twice and collecting funds from two buyers.
• Equity skimming. This process entails artificially reducing the equity of a property to avoid debt collection activities.
• Identity theft. It is illegal to use anyone else’s personal information on a loan or to apply for a loan under a falsified identity.

A mortgage fraud case can involve one or more parties involved in a mortgage contract, including the borrower, a real estate agent, appraiser, escrow agent, attorney, loan officer, or a combination of multiple parties. Due to the increased incidence of mortgage fraud throughout the U.S., it is becoming increasingly difficult for some people to secure mortgages because of tightened credit requirements and various other procedural changes to curb mortgage fraud.

McNally Law has years of experience representing Nashville clients in a wide range of fraud cases. A mortgage fraud conviction can be a life-changing experience, potentially leading to fines you will pay for years and possibly even incarceration. Whether you knowingly engaged in some form of mortgage fraud or are accused of mortgage fraud after an honest mistake, having the right defense attorney on your side is essential if you want to avoid the worst possible penalties your case entails.

A Nashville mortgage fraud attorney can assist you in disproving allegations of mortgage fraud if you are wrongfully accused or simply overlooked applicable regulations. If you did engage in any intentional fraud, your defense attorney will be crucial when it comes to reducing your sentence. In most criminal cases, prosecutors are willing to exchange lighter sentences for swift guilty pleas that minimize court resource expenditure. For some defendants, plea bargaining is the best available option to spare them years in prison.

McNally Law can provide the criminal defense representation you need, whether your case unfolds at the state level or in federal court. Federal criminal charges typically entail much harsher penalties upon conviction, so it is especially crucial to have defense counsel you can trust in any federal criminal case.

Mortgage fraud cases are often technical and complex, and navigating this type of case on your own would be a tremendous challenge. Instead of risking your future, have an experienced Nashville mortgage fraud attorney represent you. If you are ready to discuss your defense options with a skilled Nashville mortgage fraud lawyer, contact McNally Law today to schedule your consultation.