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Real Estate Fraud
Real estate fraud is a severe criminal offense involving deceptive tactics during property transactions. The ultimate goal of this crime is usually to secure a financial advantage through false pretenses or misrepresentation. At Mountaineer Law Group, serving Berks County and the surrounding areas, we recognize the high stakes involved in these allegations. We provide the dedicated support of our legal team to guide you through every step of the complex legal process in Pennsylvania.
Our legal Morgantown DUI attorney is well-versed in handling a wide array of fraudulent scenarios. We understand that these charges can be confusing, so we break them down for our clients. We defend against accusations involving:
- Straw Buyers: Using someone else’s name and credit history to buy a property to hide the identity of the actual buyer.
- Identity Theft: Stealing personal information to secure loans or mortgages.
- Title Transfer Manipulation: Illegally changing ownership documents to artificially inflate a property’s value.
- False Ownership Sales: Selling or leasing homes or land that the seller does not actually own.
- Unrecorded Deed Scams: Selling investments backed by deeds that were never officially recorded.
- Predatory Lending: Lenders imposing unfair or abusive loan terms on borrowers.
- Income Falsification: Creating fake wage documents to qualify for loans.
- Loan Fraud: Acquiring financing using significantly false information.
- Foreclosure Rescue Schemes: Scams targeting distressed homeowners.
While investigations often focus on industry professionals like investors, brokers, and appraisers, everyday homeowners can also find themselves facing charges. If you have been accused of participating in a scheme, a Morgantown criminal lawyer from our group can evaluate the specifics of your situation and build a defense.
What is Real Estate Fraud?
Since the housing market crash in the late 2000s, real estate fraud has become much more common. Consequently, federal agencies have ramped up their efforts to investigate and prosecute these crimes aggressively. In the eyes of the law, federal real estate fraud includes any act of misrepresentation during a property deal intended to swindle a bank or deceive another person.
Common schemes that authorities look for include:
- Equity Skimming: An investor uses a straw buyer to obtain a mortgage, collects rent, but never pays the mortgage, leading to foreclosure.
- Mortgage Fraud: Using stolen or made-up identities to secure mortgage loans.
- Illegal Property Flipping: Buying a property and quickly reselling it at an artificially inflated price based on a fraudulent appraisal.
- Predatory Lending: Taking advantage of borrowers with confusing terms.
- Straw Buyer Schemes: As mentioned, this involves using a person’s clean credit history to get a loan, with the intention of transferring the property to someone else later.
Because the laws surrounding these financial crimes are intricate, having a legal professional who also understands other areas of defense is beneficial. For instance, our team includes a knowledgeable Morgantown DUI attorney who understands how to navigate the local court systems of Berks County, regardless of the specific charge you are facing.
Scammers frequently target vulnerable homeowners who are on the brink of foreclosure. They use high-pressure tactics to exploit fear. Be aware of these specific schemes:
- Foreclosure Prevention Scams: These groups falsely promise they can stop a foreclosure in its tracks. They often charge massive upfront fees but do absolutely nothing to help the homeowner save their residence.
- Phony Mortgage Counseling: In this scenario, homeowners are tricked into paying high fees for “counseling” services. Often, these services involve simple tasks, like negotiating a payment plan, which the homeowner could have done themselves for free.
- Rent-to-Buy Schemes: This is a coercive tactic where homeowners are convinced to sign over the title of their home. They are told they can stay in the home as renters and buy it back later. However, the rental and buy-back terms are usually so expensive that the original owner cannot afford them, leading to eviction and the loss of their equity.
If you are implicated in any of these activities, you need a Morgantown criminal lawyer to intervene immediately.
What Will be the Penalty?
The consequences for participating in real estate fraud are severe and can include significant time in federal prison. Because these crimes often involve the banking system and interstate commerce, federal prosecutors do not take them lightly.
It is common for prosecutors to tack on additional charges. For example, because documents and funds are often sent via email, wire transfers, or courier services like FedEx, you could face wire fraud and mail fraud charges. Additionally, if the proceeds from the fraud were moved around to hide their origin, money laundering charges could be added. Bank fraud is another common accompanying charge.
These compounded charges can lead to decades of potential prison time and thousands of dollars in fines and restitution. When the stakes are this high, you cannot rely on a public defender who may be overwhelmed with cases. You need the focused attention that a private group can offer. Even if you initially sought us out as a Morgantown DUI attorney, know that our group has the resources and experience to handle complex white-collar criminal defense as well.
Ways in Which a Morgantown Real Estate Fraud Attorney Can Help
Being charged with real estate fraud is a life-altering event. It is absolutely critical to have seasoned legal counsel by your side from the moment you suspect you are under investigation.
Our skilled Morgantown criminal lawyer at Mountaineer Law Group will meticulously assess your case. We will gather all necessary documentation, scrutinize the prosecution’s evidence, and look for procedural errors or lack of intent. We will clearly explain your defense options, whether that means negotiating a plea deal to minimize penalties or taking your case to trial. We guide you toward the best decision for your specific circumstances, always working toward the most favorable outcome possible.
Do not delay seeking legal representation. The longer you wait, the more time the prosecution has to build their case, making it more challenging to defend successfully. Contact us online or call (304) 381-3656 today to schedule a free initial consultation with an experienced Morgantown criminal lawyer.
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