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Fraud & White Collar

Mortgage Application Fraud

A lender's quality review flags your file long after closing, or an investigator asks about a gift letter a relative signed. Mortgage application fraud questions usually focus on what the application said and what the signer knew.

Reviewed

01 GUIDE

Mortgage Application Fraud: what usually happens

Statements that draw scrutiny

Most of these cases involve a specific representation on the loan application or a supporting document. Common examples include overstated income or employment, a claim that a home would be a primary residence when it was bought as a rental, a down payment described as a gift that was really a loan, debts left off the application, and buyers who stood in for someone else. Documents prepared by others, such as altered pay stubs, inflated appraisals, or side agreements between buyer and seller, can also be at the center. False statements to a federally insured lender or on a federally backed loan can be charged under several federal statutes, and New York prosecutors bring state charges as well. The central question is usually whether a false statement was made knowingly, rather than whether a form simply contained an error or was filled in by someone else.

Who else touched the file

Loan files pass through many hands, including loan officers, brokers, real estate agents, appraisers, and closing attorneys, and applicants often did not fill in every line themselves. That matters, but signing the application usually means you are treated as adopting what it says. Gather your copy of the application and closing package, the pay records and tax returns you actually provided, any emails or texts with the broker or loan officer, and anything showing who prepared which document. If you were told to describe a payment or a residence a certain way, the messages showing that instruction are important. Do not contact others involved in the loan to compare stories or ask them to change their account, and do not alter or discard records.

Civil, criminal, or both

Not every questioned application leads to a criminal case. A lender may demand repayment, call the loan due, or pursue a civil claim, and a servicer or investor may simply ask for documents. Where a federal agency or prosecutor is involved, the stakes are different, and statements you make in response to a lender's inquiry can later be used in a criminal matter. In a first meeting we look at who is asking, what they appear to have, and whether you are being treated as a witness, a subject, or a target. We also review whether the loan has been paid off, refinanced, or foreclosed, since that can shape how the matter is handled. Then we plan how, and whether, to respond.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

04 HOW WE WORK

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05 OFFICES

Where we meet clients

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(424) 561-7557

Attorney Advertising. This page is general information about mortgage application fraud and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.