Mortgage Fraud

Florida Mortgage Fraud Attorney

Aggressively Defending Accusations of Mortgage Fraud

Our country’s law enforcement agencies are coming down hard on mortgage brokers — looking for scapegoats during our nation’s foreclosure crisis. They may initially ask you to serve as a witness in another case. However, the tables may soon turn and you could soon find yourself the subject of a mortgage fraud investigation.
If you are under investigation for, have been charged with conspiracy to commit, or are being asked to serve as a witness to mortgage fraud, your rights may be at stake. At the Law Office of Ramon de la Cabada, P.A., in Miami, Florida, we believe early intervention is of the utmost importance in a mortgage fraud case. Having an experienced lawyer on your side could mean the difference between freedom and incarceration.

Contact the Law Office of Ramon de la Cabada, P.A. to arrange a free initial mortgage fraud consultation. Aquí se habla español.

An Attorney Who Understands Both Sides

Our founding attorney, Ramon de la Cabada, has handled white collar crime cases involving mortgage fraud and other financial crimes for over 27 years. As a former prosecutor for the State of Florida and as a dedicated criminal defense lawyer, he has gained an in-depth understanding of both sides of a courtroom battle. He is able to anticipate the prosecution’s tactics and strategies, and construct a wholly compelling defense.
Mortgage fraud involves the banking industry and loans for homes or businesses. It can be committed not only by lenders, but buyers, sellers and investors. Our firm has successfully defended many clients in mortgage fraud cases involving accusations of:

  • Submitting falsified employment verification letters and W-2s
  • Buyers misrepresenting assets
  • Lenders providing false information in the application, closing or servicing of a loan
  • Sellers seeking short sales without telling the bank they already have a buyer
  • Developers encumbered by substantial loans seeking illegal straw buyers
  • Brokers or buyers committing a misrepresentation of facts on mortgage application documents

Mortgage Fraud Investigations

If you are under investigation for mortgage or real estate fraud, take some comfort in the fact that you are not alone. According to the Phoenix Business Journal, federal authorities indicted more than 400 people on mortgage fraud charges in three and a half months in early 2008. That number has continued to grow.
Many of these prosecutions can be traced directly to after the fact audits conducted by state or federal authorities. In the typical scenario, auditors will uncover a pattern of irregularities following a series of defaults. They will then pass their findings on to state or federal law enforcement agencies who will conduct an exhaustive investigation designed to identify all responsible parties. As a result, be on the lookout for letters from the Department of Justice or other law enforcement agency identifying you as a witness or target of an investigation.
More than one observer has noted that mortgage fraud is an area of law where it can be difficult to tell the criminal from the victim. Be wary of adopting or accepting certain practices simply because others in your industry are doing it.

Employing a Proven Defense

Mr. de la Cabada often relies on materiality as a defense in mortgage fraud cases. Material facts are different for everyone. What may be material to one person or entity may not necessarily be material to another. It is very difficult for the prosecution to prove that an individual or company omitted a fact that single-handedly influenced a real estate transaction.

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If you suspect that you are under investigation for mortgage fraud, contact us as quickly as possible. Call us at 305-443-7100to put your defense into action.