The crime of mortgage fraud is a very broad one. There are a lot of things that some people decide to throw in that mix. It is an umbrella term of sorts that seeks to describe a whole host of different possible criminal acts. It is important to understand this when you talk about being charged with mortgage fraud.
Sometimes mortgage fraud is simply doing something like misrepresenting the value of your property on official mortgage paperwork, or engaging in fraudulent short sales – something like that which may not seem all that critical at the moment can be charged as mortgage fraud.
Criminal Liability
Mortgage fraud cases are a little different in terms of financial crimes in that many states have decided that this crime is serious enough to warrant criminal penalties. While a lot of people may think that the worst that could happen to them in a mortgage fraud case is that they have to pay some fines, that is just not the case. There can be much stiffer penalties in at least some of the states. It is something that should be taken absolutely seriously.
Civil Liabilities
The most common kind of penalty that a person found guilty of mortgage fraud is going to have to pay is a civil penalty. It is meant as a means of the state trying to persuade people not to commit these types of crimes. It is possible that the state will order you to pay back a certain amount of money to a mortgage lender for having defrauded them or for committing some other breach of trust.
Why Hiring An Attorney Makes Sense
These are complicated matters and it is easy to get yourself in more trouble than you really should be in if you are not careful. You will want to have an attorney who knows how the system works to be by your side during the whole time these things are going on. The fact of the matter is that only a seasoned attorney really knows how to work the levers of justice as it were. They know what evidence to look for that may help prove your case and defend you against the charges of the government.
A lot of financial documents will have to be dug up in a case such as this. It is doubtful that you have all of those documents right at the ready whenever you may need them. You probably have them somewhere in your possession, but the odds are that they are not right with you at this very moment. The good news is that an attorney can do the legwork for you to find those pieces of evidence.
What To Expect In Court
You will receive a fair trial just as anyone else charged with any other type of crime is given. You have a right to this due process, and you must demand that it is afforded to you. A lot of people think that they should plead guilty to something quickly in order to lessen the penalties against them. That is just not always the case though.
An attorney will know what kind of deals to strike in the court of law. He or she will have worked any number of these types of cases in the past and will have a good idea of how they often turn out. You can trust them to put your interests at the forefront and advise you as to how to proceed. They will also negotiate with the other side on your behalf to see what the other side is willing to offer.
It is so critically important to understand that you have an attorney for a reason. He or she is right there with you through thick and thin to make sure you get the kind of help that you need to pull through this with as little damage to your reputation and freedom as possible. You deserve to be heard in court. Just make sure that when you are heard in court that it is through the voice of an attorney who knows what they are doing. The benefit to cost ratio on this proposition is tilted very strongly in your favor.
