Real Estate Services

Protect Yourself from Mortgage Fraud

Mortgage fraud can affect borrowers, lenders, investors, and real estate professionals. Understanding common schemes and recognizing potential warning signs can help protect your property, finances, and legal interests.

Overview

Mortgage Fraud Legal Services in California

Mortgage fraud occurs when someone intentionally provides false or misleading information during the mortgage process that another party relies upon when funding, insuring, or approving a loan.

Borrowers, sellers, investors, brokers, appraisers, escrow professionals, and other participants may become involved in mortgage fraud. Our real estate attorney helps clients identify potential red flags, understand their legal options, and protect their interests in real estate transactions.

The Process

Identifying & Addressing Fraudulent Transactions

01

Know the Risks

Understand how borrowers, lenders, investors, brokers, appraisers, agents, and other participants may become involved in fraudulent mortgage transactions and how deceptive conduct can affect a transaction.

02

Spot Red Flags

Watch for false financial information, inflated appraisals, identity theft, suspicious property transactions, equity-skimming arrangements, and other warning signs that may indicate potential mortgage fraud.

03

Verify the Details

Review title history, loan documents, tax assessments, property information, financial records, and other transaction documents to identify inconsistencies or information that requires further investigation.

04

Protect Your Interests

Seek legal guidance when suspected fraudulent activity may threaten your property, financial interests, business, contractual rights, or involvement in a real estate transaction.

05

Address the Problem

When potential mortgage fraud is discovered, carefully evaluate the circumstances, available evidence, contractual obligations, and potential consequences before determining an appropriate legal response.

06

Pursue a Remedy

Take appropriate legal action to address financial losses, property concerns, contractual disputes, or other consequences resulting from suspected mortgage fraud and related fraudulent conduct.

COMMON SCHEMES

Common Types of Mortgage Fraud

01

Inflated Appraisals

A property's value may be intentionally overstated to support a larger loan than the property would otherwise justify.

02

Identity Theft

Stolen or fraudulent personal information may be used to obtain a mortgage or access loan funds without the victim's authorization.

03

Property Flipping

A property may be rapidly resold at an artificially increased price, sometimes relying on misleading property valuations.

04

Equity Skimming

Fraudulent transactions may be structured to acquire property and collect rental income while leaving the property vulnerable to eventual foreclosure.

LEGAL CONSEQUENCES

Potential Consequences of Mortgage Fraud

Mortgage fraud can have serious financial, civil, professional, and criminal consequences. The specific consequences depend on the conduct and circumstances involved.

01

Loan Denial

Fraud discovered before funding may result in a rejected mortgage application and potential loss of associated funds.

02

Loan Acceleration

If fraud is discovered after funding, a lender may have contractual or legal remedies that can include requiring repayment or taking other action.

03

Financial Penalties

Individuals and professionals involved in fraudulent activity may face significant financial liability, including fines, restitution, or other monetary consequences.

04

Professional Consequences

Professionals involved in mortgage fraud may face disciplinary action, loss of professional licenses, or other career-related consequences.

05

Criminal Exposure

Certain forms of mortgage fraud may result in state or federal criminal investigations, charges, fines, restitution, or incarceration.