Mortgage fraud cases are generally prosecuted under federal fraud statutes such as mail fraud, wire fraud and bank fraud depending on the nature of the crime. A charge of conspiracy will also be brought in most cases.

In defending mortgage fraud allegations, a criminal defense lawyer should always challenge the government's evidence. The government must be able to prove every element of the crime beyond a reasonable doubt. If the government cannot prove every element, there can be no conviction. For instance, bank fraud (and this is especially true in mortgage fraud cases) requires the defendant to act knowingly. If the government fails to show that the defendant knew he was deceiving the financial institution, there can generally be no conviction.

Bank fraud also requires a person to act with the intent to defraud or deceive. Thus, the defendant will normally win at trial if it can be shown that he acted in good faith. Good faith simply means the defendant never intended to defraud a bank, and that he believed his statements and actions were honest.

Our firm has represented many different people charged and/or investigated for mortgage fraud. We have successfully represented closing attorneys, brokers, real estate agents, investors, straw buyers and appraisers. In mortgage fraud cases, it is especially important to retain an experienced criminal defense attorney who will defend your legal rights. If you have been charged or are being investigated for mortgage fraud, our firm can help.

The information provided above is a very general summary of the law regarding this particular legal issue at the time this text was prepared. Because this analysis is subject to change depending upon recent cases and developments, you should not rely on this summary as legal advice. As with any important legal question, you should always consult with a lawyer licensed to practice in your jurisdiction. Our lawyers are licensed to practice in all Georgia state and federal courts.