Mortgage-fraud allegations can involve conduct by people on different sides of a residential loan transaction.
Borrowers, brokers, lender employees, and other participants may be investigated. The word “mortgagee” generally refers to the lender or holder of a mortgage interest; it does not itself identify who committed a crime.
What the state must establish
Florida Statutes § 817.545 describes specific prohibited conduct in the mortgage lending process. It includes material misstatements or omissions and other conduct when the required knowledge and intent are present. A failure to catch another person’s false document is not automatically criminal fraud. Identify who made or used the disputed statement, what they knew, and whether the information was material.
Charges and records
The statute generally provides third-degree felony treatment, with second-degree treatment when the loan value stated on documents exceeds $100,000. Sentencing and financial consequences depend on the charge, other applicable laws, and the facts. Preserve application versions, underwriting and closing records, communications, and internal policies. A lawyer can evaluate the allegations and available defenses without promising an outcome.
Roy J. Kahn, P.A. represents people facing criminal allegations in the Miami area.
This is general information, not legal advice.
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