Posted On: June 11, 2008 by Russell Mace

Mortgage Fraud

There has been a tremendous amount of mortgage fraud indictments in the past year all across the country. Just as when corporate America was being investigated for accounting practices several years ago, now the investigation is related to real estate investments and the practices that are alleged to have caused the collapse in the real estate market. Federal mortgage fraud indictments are going to become a very common event over the next two years. Mortgage brokers, realtors, lenders, and borrowers will come under the eye of the federal government. Defense lawyers must be aware of the elements and the defenses available to a mortgage fraud indictment.

Deliberate Ignorance- this is the answer to the classic defense "I did not know this was illegal". Many times in a federal indictment for mortgage fraud, a defendant will say they were unaware that any of the events that were occurring were fraudulent. That is to say, I did not see anything wrong with the transaction. Many federal jurisdictions have a jury instruction that explains away any lack of knowledge. Your defense attorney must be ready to combat this jury instruction with facts that would lead any reasonable person to believe they were not acting with any illegal motive and or had no notice that an illegal activity was occurring. The exposure under a mortgage fraud indictment will be based on the amount of money that was alleged to have loaned based on the fraud.

South Carolina defense attorneys must be aware that South Carolina indictments will be increasing over the coming years. There is a tremendous amount of complaints coming into the FBI (Federal Bureau of Investigation) about mortgage fraud in South Carolina.

Our federal defense attorneys are experienced at defending mortgage fraud indictments. Mortgage fraud defense lawyers in Miami are available 7 days a week at our office. Our South Carolina mortgage fraud defense attorneys travel all over South Carolina to defend this indictments.