What is the maximum sentence for Mortgage Fraud?

Are you facing an accusation of mortgage fraud and wondering about the potential maximum penalty for such an offence? While the consequences for mortgage fraud can be severe, there are avenues a solicitor can explore to potentially mitigate the duration of your incarceration (should you be convicted and sentenced to prison). In this article, we provide a brief overview of the offence of mortgage fraud, followed by an examination of the maximum sentence you could face, key points from the sentencing guidelines, how a solicitor can assist in reducing your sentence, and where to seek further assistance.

What is the offence of mortgage fraud?

In England, mortgage fraud refers to the act of deceitfully obtaining a mortgage loan or manipulating information in the mortgage application process for financial gain or to deceive lenders. Several statutes and laws govern mortgage fraud, including but not limited to:

• Fraud Act 2006: This legislation addresses various forms of fraudulent activities, including false representations made with the intent to deceive.
• Theft Act 1968: Sections of this act pertain to offences related to deception and false representation.
• Financial Services and Markets Act 2000: This legislation regulates financial activities and provides measures to prevent financial fraud.
• Proceeds of Crime Act 2002: Provisions of this act deal with money laundering offences, which may be connected to mortgage fraud schemes.
• Fraudulent Trading (Companies Act 2006): This law addresses fraudulent activities carried out by individuals or companies, which may include mortgage fraud.
• Land Registration Act 2002: Certain provisions within this act pertain to fraudulent practices related to property transactions, including mortgages.
• Criminal Justice Act 1987: Sections of this act cover offences related to false accounting and fraudulent trading, which may intersect with mortgage fraud cases.

Principles of common law, such as those related to deceit and conspiracy, can also be applied in prosecuting mortgage fraud cases. To secure a conviction for mortgage fraud, the prosecution must typically prove the following elements beyond a reasonable doubt:

• Intent to Deceive: The accused intended to deceive the lender or financial institution involved in the mortgage transaction.
• False Representation: The accused made false statements, provided misleading information, or withheld material facts during the mortgage application process.
• Materiality: The false representation or omission was material to the lender’s decision to grant the mortgage loan.
• Knowledge: The accused knew or was reckless as to the falsity of the information provided.
• Financial Gain: The accused obtained a financial benefit, such as a mortgage loan or proceeds from the sale of the property, as a result of the fraudulent activity.

Examples of mortgage fraud offences include:

• Submitting forged documents, such as fake income statements or employment verification letters, to secure a mortgage.
• Providing false information about the property’s value or condition to inflate its appraisal.
• Concealing existing mortgage loans or debts during the application process.
• Engaging in identity theft to apply for a mortgage using another person’s identity.
• Colluding with real estate appraisers to artificially inflate the property’s value.
• Falsifying occupancy status to qualify for a mortgage intended for primary residences.
• Misrepresenting the source or amount of the down payment funds.
• Altering bank statements or financial records to meet the lender’s eligibility criteria.
• Failing to disclose financial liabilities or pending legal actions against the property.
• Bribing mortgage brokers or loan officers to approve fraudulent mortgage applications.

What is the maximum sentence for mortgage fraud?

In England and Wales, the maximum sentence for mortgage fraud can vary depending on the severity of the offence and the specific circumstances of the case. The Sentencing Council provides guidelines to assist judges in determining appropriate sentences for various criminal offences, including mortgage fraud.

According to the Sentencing Council’s fraud guidelines, the seriousness of mortgage fraud is assessed based on factors such as the level of planning, the degree of sophistication, the financial harm caused, and the offender’s culpability. The guideline categorises offences into different levels of harm and culpability, which in turn influence the sentence imposed. Under the Fraud Act 2006, the maximum sentence is 10 years’ imprisonment.

In cases of mortgage fraud involving high levels of harm and culpability, where significant financial losses are incurred or the fraud is perpetrated with a high degree of sophistication and planning, the maximum penalty can be substantial. Offenders convicted of such serious offences could potentially face lengthy custodial sentences, often measured in years rather than months.

Additionally, sentences for mortgage fraud may also include ancillary orders, such as confiscation orders under the Proceeds of Crime Act 2002, designed to deprive offenders of the financial benefits derived from their criminal conduct. These orders can involve the confiscation of assets or the imposition of financial penalties in addition to any prison sentence.

While there isn’t a specific maximum sentence outlined solely for mortgage fraud, the severity of the offence and the resulting harm will determine the potential range of penalties, which can include lengthy imprisonment for the most serious cases.

What factors influence sentencing for mortgage fraud?

When sentencing for mortgage fraud in England and Wales, judges consider a range of factors to determine an appropriate penalty. These factors include both aggravating (which increase the seriousness of the offence) and mitigating (which lessen the seriousness) circumstances. Here are the main considerations a judge will take into account when sentencing for mortgage fraud, based on Sentencing Council guidance and general principles of sentencing:

• Level of Harm: The financial harm caused by the fraud is a significant factor in determining the severity of the offence. Judges assess the amount of money involved, the impact on victims and financial institutions, and any resulting losses or damage.
• Degree of Culpability: This refers to the level of the offender’s responsibility and blameworthiness. Factors such as the offender’s role in the fraud scheme, their level of planning and sophistication, and their awareness of the fraudulent nature of their actions are considered.
• Aggravating Factors: These are circumstances that increase the seriousness of the offence and warrant a harsher sentence. Examples of aggravating factors in mortgage fraud cases may include:
  • Deliberate targeting of vulnerable victims or institutions.
  • Involvement of multiple offenders or organised crime groups.
  • Abuse of trust, such as exploiting a position of authority or influence.
  • Attempts to conceal or disguise the fraudulent activity.
• Mitigating Factors: These are circumstances that reduce the seriousness of the offence and may result in a more lenient sentence. Mitigating factors in mortgage fraud cases can include:
  • Early guilty pleas, demonstrating remorse and acceptance of responsibility.
  • Cooperation with authorities, including providing information or assisting in the investigation.
  • Lack of previous convictions or evidence of good character.
  • Personal circumstances, such as mental health issues or financial difficulties, which may have contributed to the offending behaviour.
• Impact on Victims: The effect of the fraud on individuals, businesses, and the wider community is considered. Judges may take into account the emotional, financial, and reputational harm suffered by victims as a result of the fraudulent activity.
• Deterrence and Public Confidence: Sentences for mortgage fraud also aim to deter others from engaging in similar criminal conduct and maintain public confidence in the integrity of financial systems. Therefore, sentences may be adjusted to reflect the need for general deterrence and to send a clear message about the seriousness of the offence.
• Previous Convictions: The offender’s criminal history, including any previous convictions for similar or related offences, will be taken into account when determining the appropriate sentence.
• Restitution and Compensation: Judges may consider whether the offender has made efforts to repay the victims or compensate for the financial losses incurred as a result of the fraud.

Sentencing for mortgage fraud involves a careful balancing of these factors to ensure that the punishment reflects the gravity of the offence, the culpability of the offender, and the need for justice and deterrence. Each case is considered individually, and judges have discretion to tailor sentences to the specific circumstances of the case.

How can a solicitor help with reducing the sentence for mortgage fraud?

There are several ways in which a solicitor can help:

• Legal Advice and Strategy: A solicitor can provide comprehensive legal advice on the specific charges faced by the defendant and the potential consequences, including the likely sentence if convicted. They can assess the strength of the prosecution’s case and develop a strategic defence plan tailored to the individual circumstances of the case.
• Representation in Court: Having a solicitor represent the defendant in court is essential for ensuring that their rights are protected and their case is presented effectively. A skilled solicitor can advocate on behalf of the defendant, challenge evidence presented by the prosecution, and present mitigating factors to the court to seek a more favourable outcome.
• Mitigation Presentation: During sentencing proceedings, a solicitor can present mitigating factors to the court to highlight aspects of the defendant’s character, background, and personal circumstances that may warrant a more lenient sentence. This can include evidence of remorse, rehabilitation efforts, and positive contributions to society.

Where to get more help

Worries about the potential sentence you could face for mortgage fraud can be overwhelming, and you likely have several pressing questions. For further assistance and advice on sentencing and other aspects concerning the offence of mortgage fraud, contact the team at Stuart Miller Solicitors today. Our approachable and understanding staff are ready to assist with your case.

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Chris P

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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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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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15:43 11 Oct 24

Brilliant service! Great team and very efficient. Couldn’t have asked for a better service and would highly recommend. Rob is very efficient in his work, always keeps communication and let’s you know the steps, he’s very helpful in terms of other worries within a case and gives great advice on any matter.

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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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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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17:12 17 May 24

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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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09:45 14 May 24

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20:24 06 Mar 24

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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 !

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10:14 16 Feb 24

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

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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.

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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.

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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

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22:14 20 Jan 24

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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 🙏🏻…..

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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

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

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15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

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05:40 27 Nov 23

Kiran was very supportive to my family throughout our case and was easy to talk to. I was very pleased with the outcome and would recommend them to anyone.

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20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

Imran

10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

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21:28 18 Nov 23

Very helpful. Helped me understand, replied back very quickly.

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03:12 15 Nov 23

Their friendly and understanding demeanor was truly appreciated. I am incredibly thankful to Miller's and their appointed court solicitors for their excellent support.

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14:50 14 Nov 23

Fantastic solicitors. Would highly recommend them. All staff are amazing

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06:12 31 Oct 23

Stuart Miller Solicitors are nothing short of miracle workers! When faced with serious charges, I felt lost and overwhelmed. But from day one, they assured me and proved their dedication by being accessible 24/7. They managed to get me out of troubles and gave me a second chance in life.

Mabz

22:54 28 Oct 23

Another one *DJ Khaled voice* Mohammed Zeb thats Big Bro buss another case as usual thank you and it’s always love. Different League Different Class Mike Tyson in the court room. No one try tell me about these fake internet tik tok lawyers in saggy suits using chat gpt to create defences don’t make me catch another case please. Trust Zeb be patient show love and respect and youll be alright. You get arrested go cell request 2 blankets and a fresh grey jumper and tell the Sarge call Stuart Millers then just go sleep real simple.

Sian Evans

20:51 25 Oct 23

Thank you Holly for representing me at the police station. You are a credit to Stuart Miller. Very professional and a lovely person. I can’t thank you enough. I would highly recommend you. ❤️

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06:11 19 Oct 23

If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

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18:59 17 Oct 23

Incredible legal team! I couldn't have asked for better representation during the most challenging period of my life. They're genuine care made all the difference in my case.

MadDog Lambo

13:11 17 Oct 23

Called Stuart Miller for advice. Bobbi was more than happy to advise me and answer all questions. When i had further questions, Mohammed personally called me to answer them in full. I can not recommend Stuart Miller highly enough and they went above and beyond, in taking the time to make sure all was taken care of and all questions answered.

Ambreen Farooq

20:06 12 Oct 23

I spoke with Mr. Kibla regarding a query I had and he was so helpful and informative. Will definitely be using their services if ever needed.

Norrys 88

10:26 11 Oct 23

Thank you team stuart millerI was on a suspended sentence and i breachedA brilliant director from the firm saved me

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kevin Lutchmiah

12:42 04 Oct 23

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12:17 04 Oct 23

An excellent firm and knowledgeable solicitorsI had no idea who to got when my money was seizedMohammed zeb was proactive in his advice sensitive to my needs and challenging to the systemI got the cash and won my caseThe moral is: Experience is a mustDedication is trustMotivation is keyThanks

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XSimplyChxrryX

13:04 21 Sep 23

They saved my lifeMy businessMy worldThank youTEAM STUART MILLER

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12:48 07 Sep 23

Unfortunately got myself in a situation where I needed legal representation. My solicitor was great, but attention needs to be drawn especially to Amirah. She well and truly went over and beyond what most people would do, to help me resolve the situation. Nothing was ever too much, in fact it was her who pushed things further than I'd have even asked her to, she really does care about not just her occupation, but the people she helps. Cannot say enough good things about her... not just good legal representation, but an actual lovely person who genuinely cares, and you don't get that very often anymore. So, thank you to Stuart Miller Solicitors in Wood Green, but definitely, more importantly, to Amirah.

Angela M

20:11 05 Sep 23

I would like to say a big thank you to Savannah Loizides. My elderly mother recently required legal assistance for a police interview as part of an investigation.Savannah was professional, caring and supportive. In the days and weeks following the police interview, Savannah has been helpful and informative answering my questions promptly.I would recommend Stuart Miller Solicitors and would not hesitate to contact them again if the need arises.

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14:38 12 Aug 23

My husband was represented by an solicitor who frequently appears on Tik TokWe had very minimal advice the service was shambolicWe had been referred to the director who saw us asap and understood the life changing dilemma he facedWe had proper legal advice and the eventual result was that my husband was found not guiltyI say this to the nation just get an appointment and speak to the teamSome of the people you see on social media are not worth itGuys this is your life . YOU HAVE ONE CHANCE GET THE TEAM AT STUART MILLERAll I can say is you will not be disappointed

Omar Ramjean

22:48 11 Aug 23

Gave some advice about the situation told me what to expect and if I need to instruct they will be happy to help

Lou D

14:30 09 Aug 23

My husband an I are extremely grateful for Abu Kibla and his amazing support representing my husband under such time consuming circumstances. He was very helpful and made us feel at ease right away.We left pleasantly satisfied and would definitely recommend Abu Kibla to anyone needing representation.Thank you

Jake Elliott

11:46 02 Aug 23

Abu Kibla represented me for my second drink driving offence, and not only that I had no license or insurance. Perhaps I am exposing myself saying that but you need the context as Kibla managed to get my ban reduced from 3 years to 2.5, and only a 200 pound fine. Aside from being very professional at what he does, he's also a good guy, who has your back. He explained my situation to the judge in a clear way I wouldn't have been able to. Don't hesitate!

R M

20:05 01 Aug 23

I would like to thank everyone at Stuart miller especially to Kibla for their excellent work. At a time when things were very hard for me they helped me win my case. I hoped for total support from Stuart Miller when I instructed them, I got so much more. I would highly recommend Stuart Miller to anyone seeking for a reliable legal team. Many thanks again for everything, you were brilliant.

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08:21 29 Jul 23

Spoke to a director at 8 amIf I could give 10 stars I wouldAll my anxiety finishedThanks 👦

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13:37 28 Jul 23

Fantastic firm excellent lawyersBrilliant advocates overall THE GO TO FIRM

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