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Phoenix Mortgage Fraud Attorney

Mortgage fraud in Arizona is a complex financial crime that requires a nuanced understanding of both real estate law and criminal defense. Mortgage Fraud defense lawyers at Feldman & Royle offer expert legal representation for those facing mortgage fraud allegations. Whether it's accusations of falsifying documents, inflating appraisals, or identity theft in the mortgage process, our team is equipped to handle the intricacies of these cases. We are committed to providing a comprehensive defense, ensuring that every aspect of the accusation is thoroughly examined and effectively challenged to protect your rights and future.
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Understanding Mortgage Fraud Laws in Arizona

Mortgage fraud in Arizona involves various illegal activities related to the mortgage process, often including false statements, misrepresentation, or omission of relevant information to obtain a mortgage loan. Mortgage fraud is a deeply serious and complex offense in Arizona, carrying severe penalties that can irrevocably impact your future. If you are in Phoenix and facing accusations of residential mortgage fraud, understanding the law and securing expert legal representation is paramount. At Feldman & Royle, we provide aggressive defense for individuals navigating these challenging charges under Arizona Revised Statutes (ARS) § 13-2310.

Understanding Residential Mortgage Fraud in Arizona

Arizona law defines residential mortgage fraud as intentionally devising or engaging in a scheme to defraud during the mortgage lending process. This isn’t just about direct misstatements; it encompasses a range of actions committed with the specific “intent to defraud,” including:

  • False Statements or Omissions: Knowingly making any deliberate misstatement, misrepresentation, or material omission that is relied upon by a mortgage lender, borrower, or any other party within the mortgage lending process.
  • Facilitating Fraudulent Information: Knowingly using or helping others to use such deliberate misstatements, misrepresentations, or material omissions.
  • Receiving Fraudulent Proceeds: Accepting funds or benefits from a residential mortgage loan when you know those proceeds resulted from fraudulent activity.
  • Filing False Documents: Knowingly filing, or causing to be filed, any residential mortgage loan document with the county recorder that contains a deliberate misstatement, misrepresentation, or material omission.

It’s crucial to understand that these charges focus on intent to defraud. The law specifies that an offense is not based solely on lawfully disclosed information, nor does it apply if you were genuinely unaware that the information relied upon by others was a deliberate misstatement.

Severe Penalties for Mortgage Fraud Convictions

The consequences of a residential mortgage fraud conviction in Arizona are substantial:

  • Class 4 Felony: A single act of residential mortgage fraud is typically charged as a Class 4 Felony.
  • Class 2 Felony: The charges escalate significantly to a Class 2 Felony if the prosecution can prove you were involved in a “pattern of residential mortgage fraud,” or conspired to do so. A “pattern” involves two or more violations impacting multiple properties with similar intent, methods, or connections.

Both Class 4 and Class 2 felonies can result in years of prison time, hefty fines, and a permanent criminal record that will impact your employment, housing, and reputation for years to come.

Mortgage Fraud Practices under Arizona Law

In Arizona, common mortgage fraud practices include income falsification, identity theft, property flipping with inflated appraisals, and occupancy fraud. Our Phoenix Mortgage Fraud Lawyer points out that these practices can lead to state and federal charges, making it crucial for anyone accused of mortgage fraud to understand the gravity of these charges.

Know Your Rights

Your Rights in Mortgage Fraud Cases

Our criminal defense lawyers at Feldman & Royle advise that individuals accused of mortgage fraud have specific rights, including the right to legal representation and the right to challenge the evidence presented against them. It’s essential to seek a lawyer experienced in handling mortgage fraud cases under Arizona law to navigate the legal system effectively and protect your rights.

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Defenses

Defending Against Mortgage Fraud Allegations

Defenses in mortgage fraud cases can include challenging the evidence of intent to defraud, demonstrating a lack of knowledge of the fraudulent activities, or proving that the actions were not illegal. Our Phoenix Defense lawyers at Feldman & Royle focus on building a strong defense strategy that contests the prosecution’s claims and seeks to protect the accused’s rights and reputation.

Mortgage Fraud Defense Lawyers in Phoenix, AZ

At Feldman & Royle, we understand the serious consequences that come with allegations of mortgage fraud. As experienced Mortgage Fraud Defense Lawyers in Phoenix, AZ, we are committed to protecting your rights and building a strong defense on your behalf. Our team takes the time to thoroughly investigate your case, challenge the prosecution’s evidence, and explore every possible legal strategy to achieve the best outcome. From the moment you hire us, we take care of every aspect of your defense — guiding you through the legal process, answering your questions, and standing by your side every step of the way. When your future is on the line, trust our White Collar Lawyers to fight for you with skill, dedication, and experience.

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Adam Feldman and Bret Royle, Criminal Defense Attorneys in Phoenix
FAQs

Frequently Asked Questions (FAQs)

Mortgage fraud involves illegal activities in the mortgage process, such as falsifying information to obtain a loan.

Charges typically require evidence of intent to defraud; however, any inaccuracies should be taken seriously.

Penalties can range from fines to imprisonment, depending on the severity and impact of the fraud.

Defense strategies include challenging the intent to defraud and demonstrating a lack of knowledge of the fraudulent activities.

Contact a legal expert like Feldman & Royle to understand your rights and develop an appropriate defense strategy.
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