In any event, the implications are severe, especially since the inception of the proceeds of Crime Act 2002 which allows the court to restrain all your assets, limit access to your own money and then order the confiscation of your home and any other assets you may have.
It’s important to take the legal guidance of mortgage fraud solicitors as soon as you have heard that you are going to be investigated. We are also known as specialist mortgage fraud solicitors in London.
Have you been charged or arrested for Mortgage Fraud?
If you or somebody you care about has been charged or arrested in connection to a mortgage fraud case, you’re most likely feeling very worried.
In some instances, a person will have been accused of playing a part, but in reality, they have had no involvement whatsoever. In situations like this, it’s crucial that you get your name cleared.
Mortgage fraud is an offence that can severely damage your professional reputation. It’s vital that you take the advice of a fraud solicitor as quickly as possible to deal with any allegations. The crime will often involve estate agents, property developers, property surveyors, investors, financial advisors, mortgage brokers, solicitors and accountants.
We know how important it is for you to keep your reputation intact. Our specialist fraud lawyers can give you the support and defence that you need to ensure that your rights are protected from day one. Our approach is to enforce the fact that you are innocent until proven guilty.
It’s essential to take early action to provide you with a strong defence.
To help you understand more about what might take place during a mortgage fraud case, we have collected the most commonly asked questions. We aim to help you by providing some guidance and support as you go through this challenging situation.
If you have a question, and you cannot find the answer here, get in touch with us, and we will do what we can to give you the information that you need.
What type of actions are considered Mortgage Fraud?
Here are some examples of mortgage fraud actions that may have led to the situation that you or your loved one are now in.
Every act of mortgage fraud is aimed at misleading a lender to obtain the loan or to secure a larger loan than might be offered. Proceedings may not be limited to the borrower but may involve any of the professionals involved in getting the loan.
Investigations of mortgage fraud are typically complex and can be a strain on any business or person involved. The emotional pressure can be immense, and it’s vital to select an experienced lawyer who can handle the matter supportively and sensitivity.
What happens in a Mortgage Fraud investigation?
If an insurance company suspects that you’ve defrauded them, they will begin an investigation into the situation. They are likely to ask you a lot of personal questions and may wish to speak to your friends and family.
Specialist mortgage fraud lawyers will explain to you how mortgage fraud typically occurs in two different ways. The first one is when the lender is deceived about an aspect of the loan such as:
Employment status, history or income
The debts and liabilities for the borrower
How much the property is worth
The source of funding for the deposit
Why the loan has been obtained – for residential use, investment or commercial use
The other category of crime with regards to mortgage fraud is when proceeds of a loan are provided to somebody who has no interest in the property concerned. This person may even be entirely fictitious or there may be a fictitious sale to raise finances.
Being at the centre of an investigation into mortgage fraud is likely to make you feel stressed and worried. If you have dependents, you’ll be concerned about being given a prison sentence and what will happen to your family without you there to provide and care for them.
You’ll feel as though your entire world is upside down and unstable, will you be able to support your dependents.
Every mortgage fraud case is unique. Whatever your situation is, it’s essential that you speak with an experienced mortgage fraud legal specialist. They will be able to give you the legal help and guidance that you need to get the best possible outcome.
In some circumstances, a good fraud lawyer may even be able to get your case dismissed.
You may have been falsely accused of mortgage fraud
Some of our clients are wrongly accused of being involved in mortgage fraud. In some cases, it may involve being accused of giving false information to the lender to make a profit on a loan.
It’s crucial that you take the legal counsel of a specialist fraud solicitor. A competent and skilful fraud solicitor may even be able to get your case dismissed. The outcome will be that you can get back to your life and enjoy it as you were before being falsely accused of a crime you didn’t do.
Occasionally, the prosecution will involve you as part of a throwing mud exercise. Their goal is to find out if any of the mud sticks. However, a good solicitor will be able to protect you against that.
Without a lawyer, you cannot find out more until the interview
We advise anybody who is accused of mortgage fraud not to attend any meetings without taking a fraud solicitor along with you. Your lender or the police may hold the interview.
If you are arrested, it’s quite likely that information about why you have been arrested, are being accused or investigated will be held from you. Therefore, it’s vital to engage fraud solicitors as quickly as possible. Mortgage fraud solicitors can gain access to this information and begin to craft a defence for you immediately.
The police are likely to get permission to be able to access all areas of your life. This will include your phone records, your social media accounts and access to your devices. They will search through your WhatsApp, your emails and any messages you have.
Instruct a legal professional as soon as possible
Police officers have been trained to ask the most probing and intrusive questions. You may be shown evidence that the police want to use to prove their case against you. The interview is likely to be high pressure and potentially upsetting. They may use tactics designed to have you trap yourself with your answers.
A fraud solicitor will advise you and guide you so that you put yourself into a position for the best possible outcome.
What should you do if you get arrested or charged with mortgage fraud?
Your first step should be to engage the help of an experienced fraud solicitor. They will give you the support you need to be able to get through the case and potential court appearance.
Mortgage fraud is an area of law that most people aren’t thoroughly familiar with. We don’t recommend that you represent yourself, although you aren’t obligated to engage a lawyer. With the speed at which laws change in England & Wales, it’s crucial to be continually on top of them; they are hard to comprehend.
The best defence strategy in mortgage fraud is to examine all the evidence, including witness statements plus any recorded visual proof such as video or photography.
Can the police search my home?
The police are likely to request a search warrant from a judge or a magistrate. They are then at liberty to search your home, and potentially your vehicle and workplace for evidence. They will also access phone records, images, bank statements (if relevant) and your social media accounts (if applicable).
What type of sentence could you get for Mortgage Fraud?
The motivation of a lender is to reclaim their money. If you cannot pay, then the property may be repossessed.
Could you go to prison for Mortgage Fraud?
Not every case of mortgage fraud results in a prison sentence, even if you are found guilty and convicted.
How Can Stuart Miller Solicitors Help?
Stuart Miller Solicitors have defended solicitors, accountants, estate agents, mortgage brokers, bank officials and individuals for mortgage fraud for more than 30 years. Whether you are accused of mortgage fraud from a business perspective or as an individual, our fraud solicitors will bring their tenacity, their knowledge, hard work and creative problem-solving skills to defend you.
Our mortgage fraud lawyers have substantial experience in mortgage fraud cases and understand how the economic climate has caused the banks and prosecuting authorities to look at some applications with a fine tooth comb. If you are reading this page, it is likely that you are concerned about a potential prosecution. Our mortgage fraud solicitors understand the reality of your predicament, the impact on your business, the stress inflicted on your family, your fears of losing your home and or your income and most of all, the unbearable level of anxiety you may be suffering.
How can our Fraud Solicitors help you?
As expert fraud solicitors with experience defending mortgage fraud allegations, we will try to give you as much information as possible to calm your anxiety. We will ensure you understand the entire process, what will happen, why and when. We will give you ‘no-frills’ direct and honest advice as to your position and likelihood of success. We will undertake a damage limitation exercise and create a strategy to defend your case, with your agreement. Why are we concerned about your mental-state? Because we need you to be 100% focused on beating the prosecution case, on working with us to provide relevant and useful defence material and to be on your A-game when you are called to the witness-box to give evidence.
Defending mortgage fraud allegations is not only about specialist fraud solicitors scrutinising the prosecution’s evidence, instructing world-class financial analysts and creating the best defence strategies alongside brilliant and talented fraud barristers. We believe success in these cases comes with hard work and attention to detail in collaboration with you and ensuring you will add to the case by giving convincing evidence to the jury.
We understand that being the subject of an investigation is a stressful time for our clients and choosing the right lawyer is of paramount importance. We offer a dedicated solicitor, barrister and caseworker to each mortgage fraud case, which will ensure an outstanding level of client service throughout.
How to book a free consultation with a Fraud Solicitor
Early action in any legal case is pivotal to increasing the chances of success. In such complicated and intimidating investigations or prosecutions, you will require skilful advice at every juncture. Please contact us and ask to speak to our fraud solicitors to arrange a meeting, whether face to face, online or by telephone. If you prefer, you can WhatsApp us from the link you will find on this page.
If you anticipate an investigation, are being investigated or prosecuted; our mortgage fraud solicitors will be more than happy to speak to you over the telephone, in person or using online platforms. We can not only guide you as to the general procedure and explain what you can expect next but if you give us enough information, we may be able to provide preliminary advice or a second opinion on the advice you may already have received. You can book a free consultation with a mortgage fraud solicitor.
Would you like to discuss your case before instructing us?
If you’d like to have a no obligation chat with us before you instruct us to take your case, then contact us today on 0208 888 5225.
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