COULD I GET A SUSPENDED SENTENCE FOR MORTGAGE FRAUD?

If you are facing a charge of mortgage fraud, you are likely feeling anxious, confused, and worried about what might happen next. You may be wondering what mortgage fraud actually means, what kind of sentence you could receive, and whether there are alternatives to going straight to prison. One option that sometimes arises is a suspended sentence, which can allow you to avoid immediate custody if certain conditions are met. In this article, we will explain what mortgage fraud is, what sentences are typical, how suspended sentences work, and what you can do to improve your chances of a favourable outcome.

What is mortgage fraud?

Mortgage fraud is a criminal offence under English law that involves dishonestly providing false or misleading information in order to obtain a mortgage or to secure better terms on a mortgage than you would otherwise be entitled to. The most common legal basis for prosecuting mortgage fraud is the Fraud Act 2006, particularly Section 2, which covers fraud by false representation. This means that if you knowingly give untrue information on a mortgage application – for example, by exaggerating your income, hiding debts, or misrepresenting your employment status – you could be charged with mortgage fraud.

Mortgage fraud can take many forms. For instance, someone might claim to have a higher salary than they actually earn, invent a fictitious job, or fail to disclose other loans or financial commitments. In more serious cases, mortgage fraud can involve organised schemes where multiple people work together to obtain mortgages on properties using false identities or forged documents. Even if you did not benefit personally, or if you were pressured by someone else to provide false information, you can still be held criminally responsible if you acted dishonestly.

What are the usual sentences for mortgage fraud?

The sentence for mortgage fraud depends on the seriousness of the offence and the circumstances of the individual case. Under the Fraud Act 2006, the maximum sentence for fraud is 10 years’ imprisonment. However, not every case results in a prison sentence. The courts have a wide range of sentencing options, from a community order or a fine for less serious cases, up to lengthy custodial sentences for the most serious offences.

Sentencing guidelines published by the Sentencing Council help judges and magistrates decide on the appropriate sentence. These guidelines take into account factors such as the amount of money involved, the level of planning, whether the offence was part of a group activity, and the impact on victims, including financial institutions. For example, a first-time offender who provided false information on a single mortgage application for a modest sum may receive a community order or a suspended sentence, especially if they have shown genuine remorse and taken steps to make amends. On the other hand, someone involved in a large-scale, organised fraud involving multiple properties and significant financial loss is much more likely to receive an immediate prison sentence.

What is a suspended sentence and how does it work?

A suspended sentence is a type of prison sentence that does not take effect immediately. Instead, the court imposes a custodial sentence but “suspends” it for a specified period, usually between six months and two years. During this time, you are allowed to remain in the community, provided you comply with certain conditions set by the court. These conditions might include doing unpaid work, attending rehabilitation programmes, observing a curfew, or staying away from certain people or places.

If you comply with all the conditions and do not commit any further offences during the suspension period, you will not have to serve the prison sentence. However, if you breach the conditions or commit another offence, the court can activate the suspended sentence, meaning you will have to serve the original prison term in addition to any new sentence for the further offence. In this way, a suspended sentence acts as both a punishment and a strong incentive to stay out of trouble.

Can mortgage fraud result in a suspended sentence?

Yes it is certainly possible for mortgage fraud to result in a suspended sentence, but this depends on the seriousness of the offence and the individual circumstances. Courts will consider whether the offence is serious enough to warrant a prison sentence, but not so serious that immediate custody is the only option. For example, if the fraud involved a relatively small amount of money, was a one-off incident, and you have no previous convictions, the court may decide that a suspended sentence is appropriate. This is more likely if you have shown remorse, made efforts to repay any losses, and have a good record of employment or community involvement.

On the other hand, if the mortgage fraud was part of a larger, organised scheme, involved significant planning, or caused substantial financial loss, the court may decide that only an immediate prison sentence is justified. Similarly, if you have previous convictions for similar offences, or if you have breached trust in a particularly serious way, a suspended sentence may not be available. Each case is different, and the court will look at all the circumstances before making a decision.

What factors do courts consider when deciding on a suspended sentence for mortgage fraud?

When courts are deciding whether to impose a suspended sentence for mortgage fraud, they look at a variety of factors to assess both the seriousness of the offence and your personal circumstances. The main consideration is always how serious the offence is, but the court will also weigh up anything that might make your case more or less severe.

Some of the key factors courts consider include:

• The amount of money involved in the fraud. Larger sums usually mean the offence is treated more seriously.
• The level of planning and organisation. Offences that are carefully planned or involve multiple people are seen as more serious.
• Whether there was a breach of trust. If you held a position of responsibility or used your professional status to commit the fraud, this will count against you.
• The impact on victims. If the fraud caused significant financial loss to a lender or had wider consequences for others, this will be taken into account. However, if you have made efforts to compensate the victim or put things right, this can help your case.
• Your personal circumstances. The court will look at whether you have previous convictions, your general character, and any evidence of good conduct or positive contributions to society.

How serious does the offence have to be for a prison sentence for mortgage fraud?

Not all cases of mortgage fraud result in a prison sentence. The court will only impose a custodial sentence if the offence is so serious that neither a fine nor a community order can be justified. This usually happens when the fraud involves a significant amount of money, a high degree of planning, or a breach of trust. For example, if someone submits multiple false mortgage applications over a period of time, involving large sums and causing substantial losses to lenders, the court is likely to consider immediate custody.

However, for less serious cases, the court may decide that a community order or a suspended sentence is sufficient. The key question is whether the offence crosses the custody threshold, meaning that only a prison sentence is appropriate. Even then, the court must consider whether the sentence can be suspended, taking into account all the circumstances.

What can I do to improve my chances of getting a suspended sentence for mortgage fraud?

If you are facing a charge of mortgage fraud, there are several steps you can take to improve your chances of receiving a suspended sentence rather than immediate custody. The most important is to seek legal advice as early as possible. An experienced criminal defence solicitor can help you understand the case against you, gather evidence in your favour, and present your circumstances in the best possible light.

Demonstrating genuine remorse is also important. This means accepting responsibility for your actions, expressing regret, and showing that you understand the impact of your behaviour. If you can make amends, this can be a powerful mitigating factor.

Providing evidence of positive personal circumstances can also help. This might include references from employers, evidence of community involvement, or information about your family responsibilities. If you have underlying issues such as addiction, mental health problems, or financial difficulties, taking steps to address these (for example, by engaging with support services or attending counselling) can show the court that you are committed to changing your behaviour.

Finally, being willing to comply with the requirements of a suspended sentence (such as doing unpaid work, attending rehabilitation programmes, or observing a curfew) can increase the likelihood that the court will consider this option.

Where to get more help

At Stuart Miller Solicitors, we have extensive experience in defending clients accused of mortgage fraud and other financial offences. Our team will work tirelessly to protect your rights, present your case in the best possible light, and help you achieve the most favourable outcome. Contact us today for a free, confidential consultation about your options and next steps.

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10:09 19 May 25

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17:44 04 Mar 25

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11:09 11 Feb 25

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13:26 04 Feb 25

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10:06 28 Jan 25

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14:25 20 Jan 25

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Gosling

16:48 16 Jan 25

i had rob on my case, he was very professional and dealt with my case brilliant! i got a suspended thanks to him. would highly recommend him. dylan

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13:29 16 Jan 25

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12:22 13 Jan 25

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16:04 09 Jan 25

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12:25 11 Dec 24

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14:20 10 Dec 24

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13:15 27 Nov 24

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23:28 16 Nov 24

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Javs

15:49 12 Nov 24

I recommend Rob he got me a suspended sentence of a 9 weeks sentence on a common assault on an emergency officer much appreciate he was there to communicate at all time when in need and reassured me that we will have a good result in the end as long as I complied hats off to rob and i hope others have a good or better experience working with him as his truly passionate about his workThanks robJahvellDate of experience: November 5th

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11:53 28 Oct 24

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15:43 11 Oct 24

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10:19 30 Sep 24

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14:13 14 Aug 24

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19:53 11 Aug 24

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17:21 25 Jul 24

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16:59 11 Jul 24

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15:02 30 Jun 24

I actually spoke to one of the solicitors via TikTok when I came across a video they had posted - they were quick to respond and listen to my Case and offer me advice I feel they gave me some piece of mind and will definitely be keeping in touch

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11:59 25 Jun 24

Amazing lawyer firm. After being represented by Amirah K. we were able to have our case dropped within 5 months when original estimates had been 2 years!! Most firms said they would do nothing and that we should just do legal aid. Stuart Miller said “No” and instead seeked to represent us, they chased the OIC and went far and beyond.If you need a lawyer, don’t waste time on these other smaller firms that promise nothing but scary maybes and demand thousands in return. Go with Stuart Miller, it’ll be the best decision you ever made.

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11:42 13 Jun 24

We found this place on the last minute and we did not expect that the problem will be resolved.Was a complicated matter and we wouldn’t trust to everyone but Abu Kibla with his professional experience made it so calm and easy for us. We cannot thank him enough for being able to resolve our case with the best outcome ever. We will definitely recommend Abu to any friends or relatives. Once again thank you for the bottom of the heart.

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18:52 11 Jun 24

Thanks a lot for my case , I’m really happy with progress. Especially one of best Duygu she’s done brilliant job for me 🤞🏼🤞🏼🙏🏼🙏🏼

264144253

06:44 29 May 24

I have unfortunately found myself in a position to be needing legal advice and representation in court. This company has been professional and efficient from start to finish. Excellent communication and advice from Kelly and representation from Robert in court. They were both amazing and explained every step of the process and calmed me down and also managed to get the unfounded charges dropped. I can’t recommend them enough. They absolutely take your case personally and try their hardest for you every step of the way.

Souad Ghailan

17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

Sahin akay

11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

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09:45 14 May 24

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Mannaa Mo

23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

Samanda Jashari

17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

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