20th Nov 2018
When you meet with a criminal defense attorney in Miami Dade regarding a charge for mortgage fraud, he or she can discuss the nature of the crime and what the prosecutor must prove to meet his or her burden. A criminal defense attorney in Miami Dade can ensure that you have a good understanding of this information and the defenses you may be able to raise to fight the charges.
Made a False Statement
The prosecutor must prove that you made a material false statement, misinterpretation or that you omitted information during the mortgage lending process. Furthermore, he or she must prove that this statement or omission would be relied on by a mortgage lender, borrower or other person or entity involved in the mortgage lending process.
Used a Misstatement
Alternatively, the prosecutor can show that you used a material false statement, misrepresentation or an omission that would be relied on by someone involved in the mortgage lending process.
Received a Benefit
Mortgage fraud can also be established by showing that you received money, proceeds or other funds in connection with the mortgage lending process that you knew was based on a material false statement, misrepresentation or omission.
Filed a Document
The last way that a prosecutor can prove mortgage fraud is by showing that you filed a document with the county circuit court clerk involved in the mortgage lending process that you knew contained a material false statement, misrepresentation or omission.