COULD I GET BAIL FOR MORTGAGE FRAUD?

Being accused of mortgage fraud is often an overwhelming experience, especially for individuals who believed they were acting properly within the lending process. Questions about arrest, the risk of being kept in custody, potential bail conditions, and the likely duration of an investigation can arise very quickly. This article sets out how bail is approached in mortgage fraud cases, the factors courts and investigators take into account, and the steps that may be taken to reduce risks and maximise the prospect of remaining at liberty while the matter is ongoing.

What is mortgage fraud?

Mortgage fraud is a form of financial crime involving dishonesty in connection with a mortgage application or mortgage lending process. In simple terms, it means providing false or misleading information to obtain a mortgage that would not otherwise have been granted, or doing so on different terms.

Common allegations include misstating income, exaggerating assets, failing to disclose debts, using false employment details, or purchasing property through undisclosed arrangements. Some cases involve a single individual borrowing to buy a home. Others involve multiple parties, such as brokers, solicitors, valuers or developers, and are treated as organised or conspiratorial fraud.

In mortgage fraud cases, the prosecution must prove that false representations were made in connection with a mortgage application and that they were made dishonestly, with the intention of securing a financial advantage. Evidence commonly includes mortgage application forms, lender correspondence, valuation reports, bank statements, payslips, tax returns, and credit records, alongside material showing the true financial position. Investigators will often rely on documents obtained from lenders, brokers, employers, accountants, and HMRC to demonstrate discrepancies between what was declared and the reality.

Under English law, mortgage fraud is usually prosecuted under the Fraud Act 2006, often as fraud by false representation or fraud by abuse of position. Larger or more complex cases may also involve conspiracy to defraud. It is classified as a serious offence because of the financial harm it can cause and the broader impact on lenders and the housing market, even where no violence is alleged.

What happens after an arrest for mortgage fraud?

If you are arrested for mortgage fraud, the police may conduct an interview under caution. You will usually be questioned about documentation, financial arrangements, communications, and your role in the mortgage application or transaction.

Mortgage fraud investigations are often document heavy and can involve material gathered over months or years. It is common for the police to seize phones, computers, and financial records. In some cases, arrests follow a longrunning investigation rather than a sudden complaint.

After interview, the police have several options. They may release you on bail with conditions, release you under investigation, or, less commonly in fraud cases, keep you in custody to be charged if they believe bail is inappropriate. Decisions at this stage depend on the evidence available and the perceived risks going forward.

What is the difference between bail and being released under investigation?

Being released on bail means you are allowed to leave custody but must comply with specific conditions. These conditions are legally enforceable and are intended to manage risks while the investigation continues. A bail date will be set, requiring you to return to the police station or court.

Release under investigation (often called RUI) means you are released without conditions and without a fixed return date. The investigation continues in the background, and you may be contacted later if the police decide to take further action.

In mortgage fraud cases, bail is often preferred where the police believe there is a risk of interference with evidence, contact with other suspects, or further financial activity. RUI may be used where the risk is assessed as lower or resources are stretched. Bail offers more structure but also imposes obligations that must be taken seriously.

Can I get bail for mortgage fraud?

Yes, bail is often granted in mortgage fraud cases, particularly where the allegation is nonviolent and the suspect has a stable address and no history of breaching bail. However, bail is never guaranteed.

Mortgage fraud is treated seriously, especially where large sums are involved or there is an allegation of coordinated activity. The police and courts will focus on whether you can be trusted to comply with conditions, preserve evidence, and attend as required.

If the case involves international elements, false documents, or ongoing access to financial systems, bail may be refused initially. That refusal can sometimes be challenged with the assistance of a solicitor, particularly if steps can be taken to reduce perceived risks. Each decision turns on the specific facts of your case, not on the label of the offence alone.

What bail conditions might I face for mortgage fraud?

Bail conditions in mortgage fraud cases are designed to prevent further financial wrongdoing and protect the integrity of the investigation. They must be proportionate but can still be restrictive.

Examples of conditions that may be imposed include:

• Residing at a fixed address and reporting regularly to a police station
• Restrictions on contact with named individuals, such as coaccused or business associates
• Limits on financial activity, including running businesses or accessing certain bank accounts
• A requirement to surrender passports and not travel overseas
• Prohibitions on dealing with property transactions or mortgage applications

Not every case will involve all of these. Conditions should relate directly to the alleged risk. Breaching bail conditions is a criminal offence in itself and can make it much harder to secure bail in the future.

What factors do police and courts consider when deciding bail for mortgage fraud?

When deciding whether to grant bail, the police and courts apply statutory tests focused on risk rather than punishment. In mortgage fraud cases, the key considerations usually include:

• Risk of failing to surrender: Whether you are likely to attend future interviews or court proceedings
• Risk of further offences: Particularly whether you might continue financial activity linked to the alleged fraud
• Risk of interference with witnesses or evidence: This is important in document-based investigations with multiple parties
• Complexity and scale of the alleged fraud: Larger sums or organised activity can increase concern
• Personal circumstances: Your address stability, employment, family ties, and previous compliance with legal obligations
• Strength of the evidence at the bail stage: While bail is not a trial, the apparent weight of the evidence can influence whether risks are thought to be manageable, particularly where documentation appears clear or admissions are alleged
• Proposed bail conditions and safeguards: Courts will consider whether risks can be adequately controlled by conditions such as restrictions on financial activity, non-contact provisions, surrender of travel documents, reporting requirements, or the provision of a surety

A lack of previous convictions, especially for dishonesty, can weigh in your favour. Conversely, evidence of concealment or attempts to mislead investigators may count against you. The decision is always factspecific.

What can I do to improve my chances of being granted bail?

While you cannot control the allegations, there are practical steps that can reduce perceived risk and assist a bail application.

Engaging a solicitor early is critical. Before any bail decision is made, your solicitor can present information showing that you have a fixed address, stable arrangements, and an understanding of your obligations. Offering realistic and sensible conditions can also help. For example, agreeing to financial restrictions or contact bans may address police concerns.

Complying fully with the investigation is important. That does not mean answering questions without advice, but it does mean avoiding any conduct that could be interpreted as hiding assets, contacting other suspects, or manipulating documents.

If bail is refused, that is not the end of the matter. A solicitor may be able to make further representations, particularly if circumstances change or additional safeguards can be put in place.

How can a solicitor help me secure bail for mortgage fraud?

A solicitor’s role in bail is both legal and strategic. They will assess why bail may be opposed and address those concerns directly, rather than relying on general assurances.

In mortgage fraud cases, this often involves explaining your exact role in the alleged transaction, distinguishing you from others, and demonstrating that any risk can be managed through conditions. A solicitor can negotiate appropriate restrictions, challenge excessive proposals, and ensure that bail conditions do not go further than necessary.

If the police refuse bail, a solicitor can advise on challenging that decision and, if appropriate, make an application to the court. Having experienced representation helps ensure your liberty is properly protected while the case progresses.

Where to get more help

If you are under investigation or have been arrested for mortgage fraud, early legal advice from an experienced team like the one at Stuart Miller Solicitors can make a meaningful difference to how bail decisions are approached. A solicitor experienced in serious financial crime can advise on bail strategy, engage with the police on your behalf, and work to protect your freedom while the investigation continues. Bail decisions involve discretion, judgment, and careful presentation of your circumstances. For a free consultation about your next steps, get in touch today.

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15:17 16 Feb 26

I have used sophie at stuart miller solicitors exceptional service well recommened helped me sort out my legal issues

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22:31 14 Feb 26

I recently had to attend a police station regarding a sensitive matter that questioned my professional integrity. I was originally directed to Mohammed Zeb at Stuart Miller Solicitors, but as he was unable to attend personally, his colleague stepped in to represent me.The level of advice I received was exceptional. They handled the situation with the utmost professionalism and provided clear, strategic guidance that put me at ease during a very stressful time. I am incredibly relieved to say the matter resulted in No Further Action (NFA). I highly recommend this team for anyone needing robust legal protection of their reputation.

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Savannah Loizides is the solicitor that help me go through the video evidence and help me spot the point I missed in the past and help me choose the right barrister Terence Boulter for me and get me acquitted in the trial.

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19:11 01 Oct 25

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12:21 04 Jul 25

I would just like to take this time once again to say a big thanks to Savannah Loizides. Attentive to detail and thorough in her works and even though she was consumed by great masses of cases her correspondence never failed. Through the complexity of my case no stone was left unturned. I highly commend the intricate work you do.My liberty was exponentially at stake, my mental health was severely challenged but Savannah had always reassured me that our defence is stronger than a fence lol like them prison fences btw not garden ones 😊After 8 day trial we had secure a not guilty verdict and for this I am forever thankful.

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10:09 19 May 25

I was in a situation that I couldn't even imagine myself being in, but I will be always grateful to Anna and Mr Abu Kibla for taking my case and helping me all day way through. What incredible team of defence solicitors! There will never be enough words to say how thankful I am to them!

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Towards the end of last year, I got myself into a tricky situation got in contact with Stuart Miller Solicitors and a lovely lady by the name of Kiran contacted me was very professional in the way she handled my case efficient and prompt in communication. Would highly recommend this firm. Kiran herself went above and beyond to assist me, and advise me of my legal rights.

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11:57 01 May 25

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09:55 09 Apr 25

A unique firm headed by a fantastic people : i wish people could see what the solicitor did in court

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22:26 07 Apr 25

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08:25 20 Mar 25

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I went to prison for something I hadn’t done Mr Zeb help me with my case and with his help I have I have got my character in tact and a new life ahead of me

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12:39 05 Mar 25

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17:44 04 Mar 25

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12:10 21 Feb 25

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11:09 11 Feb 25

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13:26 04 Feb 25

Anna was very caring and professionalHer knowledge and advice coupled with a soft speaking approach was excellent.Thank you

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14:25 20 Jan 25

Mr Kibla, whom was a duty solicitor at the time of my visit to one of the courts, was really helpful and did his duty with utmost professionalism, care and consideration. Well done, and thank you!

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16:04 09 Jan 25

I have given Stuart Miller a five-star review for their exceptional responsiveness to feedback and their ability to implement immediate solutions to any issues encountered with their service.This is not to suggest that you will always have an outstanding experience with everyone at the firm, but I can highly recommend Kate. She demonstrated the skill set required to be an excellent solicitor and restored my confidence in Stuart Miller enough to warrant a five-star review for the firm.

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14:46 03 Jan 25

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23:28 16 Nov 24

These guys are highly professional and down to earth; they listen, support and go all out to help with empathy and passion- Solicitor Kiran is one top notch professionalKeep up the good work

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Honestly the best! Helped me so much out with a potential speeding conviction. I’m so glad I came across this company. Can’t fault them at all! So helpful and I’m very grateful for all the advice offered.

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10:19 30 Sep 24

Hi I used this law firm for a trial and they went above and beyond to help me. I truly do recommend all use this law firm and they know there stuff. I was found not guilty at trial and Sarah did an amazing job.I'm so happy thanks guys

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14:13 14 Aug 24

When you have to look for a solicitor it’s usually because you’ve found yourself in less than pleasant circumstances. That was absolutely the case for me when I reached out to Stuart Miller Solicitors.I was dealing with a matter that had transpired over two years ago and was receiving repetitive communications and misdirections from police. However, that all ended when I was represented by Stuart Miller Solicitors.They were so helpful at every stage, but especially Scarlett Rowe, who simply was exceptional.Scarlett went above and beyond what I sense my case even required. She submitted disclosures and communications to CPS in a manner and at junctures where it would be most impactful and therefore critical to a good outcome. And that’s exactly what I got—nothing short of a good outcome.

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09:14 10 Aug 24

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Rebecca Smith

11:35 06 Aug 24

Very quick to respond to my enquiry and then prompt and supportive throughout. Came out with a positive result which I believe was mostly down to their experience. Very happy to recommend Stuart Miller Solicitors.

Adam Jimenez

17:21 25 Jul 24

I’d like to thank the team and especially Anna Sidgwick, on securing the acquittal for my son at Isleworth Crown Court.In what was a traumatic and emotional experience Anna was always on hand to support us.Effectively bridging the gap with our son who was in custody.Her diligence and commitment allowed what was a troubled experience, bearable.Very professional and diligent.Much appreciated.

Nur Aslan

16:59 11 Jul 24

What can I say! When no one else would listen to me or give me the benefit of the doubt in a completely nonsensical case, Mohammed Zeb and Nick James were my knights in shining armor. Mohammed Zeb believed in my innocence, and Nick, along with the rest of the Stuart Miller team, upheld my integrity while tirelessly fighting my case day and night. Their commitment, dedication, and unwavering support were crucial when everyone else thought I was headed for a prison sentence. After three and a half years, when the Crown finally brought us to trial, they not only won but did so unanimously.We all see shows like "Suits" and "Better Call Saul," but if you want to get your life back, there's only one place for all criminal cases: Stuart Miller. They particularly excel at police custody representation. When you're in a tough situation, there's only one team you need—Stuart Miller. Thank you all for giving me my life back!

mary Cerimi

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

Nilanjana Bhattacharya

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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