Mortgage and real estate fraud are not that unusual in the state of California and cause a lot of suffering and grief to potential homeowners, renters and loan companies. Mortgage fraud crimes may involve obtaining a mortgage using a false identity or by providing false income information to a lender. Scammers use public records showing the names of those who are facing foreclosure on a home, and then they offer to stop the foreclosure for a fee, but never deliver on their promises. The charge of real estate fraud is a serious one that carries steep penalties that can include years of prison time or large fines. If you are facing charges of mortgage or real estate fraud, you need to find effective legal representation.
What Must Be Shown to Prove Real Estate Fraud?
For a prosecutor to be able to show that a perpetrator is guilty of real estate fraud, he/she must show that the perpetrator intentionally and knowingly gave false information to another about a piece of real estate. The victim must then have acted upon this false information, which was in the best interest of the perpetrator and not the victim. If the fraud is carried out, then the perpetrator benefits financially. When these elements of the crime are demonstrated beyond a reasonable doubt, the perpetrator of the fraud is found to be guilty. An experienced real estate fraud defense lawyer will evaluate a case to search for evidence that the elements of this crime cannot be shown.
Strategies for Defending a Real Estate Fraud Charge
A skilled mortgage and real estate fraud lawyer can use a number of strategies to defend a charge of real estate fraud. He or she may try to show that the defendant or alleged perpetrator had no fraudulent intent. The defendant may not have realized that information that he gave to another was false. A property owner may also have given consent to a buyer or seller and then may later forget that this consent was given. This sometimes occurs with very elderly clients. It is also possible that a simple false accusation was made in order to shift blame or hurt the reputation of another.
Call to Schedule a Free Consultation With a Real Estate Fraud Lawyer Today
If you are facing a mortgage or real estate fraud charge, call to schedule a free consultation with a real estate fraud lawyer today. Real estate fraud charges can ruin a personal or business reputation and can jeopardize your freedom as well. The experienced legal professionals at the Law Offices of John D. Kirby will work hard to build you a strong defense that delivers the best possible outcome. To schedule a legal consultation, call our law office at 619-557-0100.