WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR MORTGAGE FRAUD?

Mortgage fraud cases in the UK have been on the rise and the legal system is responding in turn. If you find yourself arrested or charged with mortgage fraud, understanding the next steps can be vitally important for your defence. In this article, we will address some of the most common questions people have in this situation, including whether you need a solicitor for mortgage fraud, what possible defences might be available, and whether you are likely to get bail for such charges. Our aim is to provide you with clear, concise information to help you navigate this challenging time.

Do I need a solicitor for mortgage fraud?

Mortgage fraud is a serious offence in English law, and if you are facing allegations or charges, it is highly advisable to consider the services of a criminal defence solicitor. Mortgage fraud encompasses a wide range of activities, from falsifying income statements to misrepresenting property values. Given the intricate nature of financial transactions and legal requirements, having a solicitor can be crucial for several reasons.

• Firstly, a criminal defence solicitor can help you understand the specific charges against you and the potential consequences. Mortgage fraud can lead to severe penalties, including imprisonment, fines, and a criminal record. A solicitor can explain the intricacies of these potential outcomes and help you comprehend the gravity of the situation.
• Secondly, a solicitor can thoroughly analyse the evidence against you. Mortgage fraud cases often involve substantial documentary evidence, including bank statements, loan applications, and communication records. A skilled solicitor can scrutinise this evidence, identify any weaknesses in the prosecution’s case, and potentially find grounds for your defence.
• Thirdly, the legal procedures and court processes can be overwhelming for someone without a legal background. A solicitor can guide you through each step, from initial police interviews to court appearances, ensuring that you comply with all legal requirements and avoid unintentional mistakes that could jeopardise your case.
• Fourthly, a criminal defence solicitor can also negotiate on your behalf. In some cases, it may be possible to reach a plea agreement or reduced charges, which can significantly mitigate the consequences you face. Having an experienced negotiator in your corner can make a substantial difference in the outcome of your case.

What are possible defences for mortgage fraud?

A common defence is the lack of intent to deceive. Mortgage fraud typically involves deliberate misrepresentation or omission of information to secure a mortgage. If it can be demonstrated that any incorrect information provided was due to an innocent mistake or misunderstanding, rather than a deliberate attempt to deceive, this could form a valid defence.

Another possible defence is duress. If you can show that you were compelled to commit the fraud due to threats, undue pressure, or blackmail from another party, this may excuse your actions. Evidence of duress could include communications threatening you or your loved ones if you did not comply.

Additionally, you might have a defence based on the actions of a third party. For example, if a mortgage broker or financial advisor intentionally misrepresented your financial situation without your knowledge, you could argue that you were unaware of the fraudulent act.

Technological errors might also provide a defence. In some cases, errors in automated systems or software used in the application process could inadvertently lead to misinformation being submitted. If you can trace the incorrect data to such errors, it could help your case.

Finally, demonstrating that you acted with due diligence can be an effective defence. If you can prove that you took all reasonable steps to provide accurate information and comply with the lending institution’s requirements, and any errors were beyond your control, this could mitigate the charges against you.

Will I get bail for mortgage fraud?

Given the severity of the crime, the court will examine specific points before making a bail decision, such as:

• The seriousness of the offence and whether there is strong evidence against you
• Your previous criminal record, particularly any history of fraud or other financial crimes
• The likelihood that you will abscond or fail to turn up for court appearances
• Ties to the community, such as family connections, employment, and residence stability
• The possibility that you could interfere with witnesses or tamper with evidence

If you are deemed to pose a significant risk in any of these areas, the court might deny bail and require you to remain in custody until your trial. However, not all mortgage fraud cases result in such stringent measures.

To bolster your chances of being granted bail, you and your criminal defence solicitor can present compelling evidence demonstrating your reliability and low flight risk. This might include character references, proof of stable employment, or documentation of strong family ties.

Will I have to go to court if I’m arrested or charged for mortgage fraud?

In many instances of mortgage fraud, the case is dealt with by the police and then referred to the Crown Prosecution Service (CPS). The CPS will assess the evidence and decide whether there is enough to prosecute. If they determine that there is sufficient evidence, you may be required to attend court.

There are a few possible outcomes in cases of mortgage fraud:

• No Further Action (NFA): If the CPS finds insufficient evidence, they may decide not to proceed with the case. In this scenario, you will not have to go to court.
• Out-of-Court Disposal: In certain situations, an alternative resolution may be offered, such as a caution or a fine. Accepting this resolution might mean you can avoid a court appearance, but it can still have serious implications on your record.
• Court Summons or Charge: If the CPS decides to formally charge you with mortgage fraud, you will likely receive a court summons. This means you are required to attend a court hearing where the case will be presented.

Cases involving larger scales of fraud or organised criminal activity are likely to result in having to appear in court.

Will I go to jail if found guilty of mortgage fraud?

Minor instances of mortgage fraud might result in lighter sentences, such as community service or fines, particularly if the fraudulent activity involved a small amount of money or had minimal impact. On the other hand, large-scale mortgage fraud involving significant sums of money or a series of fraudulent transactions is likely to lead to more severe penalties, including imprisonment.

Several factors will play a role in determining the eventual sentence:

• Amount of Money: Larger sums are likely to result in harsher sentences.
• Level of Premeditation: If the fraud was carefully planned over a long period, it might attract a more severe penalty.
• Impact on Victims: Courts consider the harm suffered by victims, including financial institutions and other affected parties.
• Previous Criminal Record: A history of similar offences can lead to a more stringent sentence.
• Plea and Cooperation: Pleading guilty and cooperating with authorities can sometimes result in a reduced sentence.

Will I go to jail if it’s my first offence of mortgage fraud?

First offences do not necessarily mean that you get to avoid jail, but in most cases, the fact that something is your first offence will mean that you are likely to receive a lesser punishment, such as not as much prison time. This is because the court considers first time offending to be mitigating factor and mitigating factors generally reduce the sentence that you are given (or can help you avoid one altogether).

Can I get Legal Aid for mortgage fraud?

Legal Aid in England and Wales is designed to help those who cannot afford legal advice, representation, or access to justice. Eligibility for Legal Aid in cases of mortgage fraud depends on two primary factors: the means test and the merits test.

• The means test assesses your financial situation, including your income, savings, and assets. To qualify for Legal Aid, you must demonstrate that you do not have sufficient financial resources to pay for legal representation on your own. Here are some key aspects of the means test:
  • Your monthly income must be below a certain threshold.
  • Your savings and capital should not exceed a specified limit.
  • You may be required to provide documentation, such as payslips and bank statements, to support your application.

The merits test evaluates the seriousness of the charges against you and whether having legal representation is in the interests of justice. For mortgage fraud cases, which are typically complex and carry potentially severe penalties, the merits test is likely to be satisfied.

Where to get more help

For most people, facing criminal charges is a daunting and overwhelming experience, especially if you are unfamiliar with the legal system. Understanding your rights and having a strong defence strategy is crucial to achieving the best possible outcome. With the expertise of Stuart Miller Solicitors, you can feel more confident and supported throughout the legal process. Contact us today for a no obligation consultation.

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14:25 20 Jan 25

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Gosling

16:48 16 Jan 25

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13:29 16 Jan 25

I was facing serious charges and was overwhelmed by the cost of legal fees. A friend recommended Stuart Miller Solicitors, mentioning they accept legal aid, and I’m so glad he did. Mohammed Zeb was incredible—responsive, professional, and determined. He found flaws in the case, fought hard, and got the charges dropped. I cannot thank him enough.

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12:22 13 Jan 25

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12:59 11 Jan 25

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16:04 09 Jan 25

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15:34 03 Jan 25

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12:25 11 Dec 24

One of the things I’ve appreciated most is their exceptional communication. In fact, they take the time to explain the difficult legal points in a way that I could understand, despite their technicalities, thus I was never in the dark about what was going on. This was even more beneficial when dealing with complex transactions, which required a high level of clearness. Their commitment to updating me on every step along the way of the lawsuit indeed brought some peace of mind.

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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

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

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

Edan Lungo-Osman

11:53 28 Oct 24

My case got sorted out with suspended sentence when a defiant prison sentence expected and they helped me the most they could thankyou kiran and the team for your help highly recommended

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08:30 25 Oct 24

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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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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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

N A

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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19:53 11 Aug 24

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09:14 10 Aug 24

“I highly recommend Amirah Khan. Throughout our dealings, she demonstrated exceptional diligence and professionalism, ensuring that every detail was meticulously handled. We always felt that we were in safe and capable hands, and her expertise provided us with much-needed peace of mind. Truly a top-notch service!”

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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.

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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.

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16:59 11 Jul 24

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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

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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.

Rafaela Sakaj

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.

Davut Bilgen

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.

Jakub Nowakowski

11:05 16 May 24

Mr zeb is the Best solicitor giving the best legal advice and defence as I was stressing out before speaking to him and when he clued me to what’s happening I stopped stressing as I knew how to deal with the situation. Would recommend to anyone needing advice.

Rams K

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

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.

Gabriel Chirwa

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.

Joyce Cunningham

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.

MB London

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.

Abdi shakur Ali

21:28 18 Nov 23

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

Alby Davis

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.

Keshia

14:50 14 Nov 23

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

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