Frank A. Rubino, ESQ.

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Fllorida broker's credibility under fire in mortgage fraud case

When a Florida legal case involves millions of dollars and potential serious penalties, it is reasonable to expect that attorneys representing the defendants in the case will fight back against the charges their clients face. This is exactly what is happening in a major mortgage fraud case centered in Volusia County, Florida. Attorneys for the three defendants are pointing a finger at a fourth individual involved in the case, a mortgage broker.

They say that the broker bears the responsibility for preparing the loan applications that led banks to make millions of dollars of mortgage loans across a six-year period to several different people. The loans were then used to pay for expensive Volusia County homes. However, the applications contained false statements. Those false statements are a key reason why the attorneys for the three defendants are pointing a finger at the man who prepared the applications, contending that the approval of the mortgage loans tracks back to him.

That mortgage broker is a star witness in the federal government's case against the three defendants, who are accused of running an organized fraud ring. However, the broker already pleaded guilty in the case. That plea, according to the attorneys for the three defendants, means that he is not a credible witness.

The attorneys are hoping that communicating these facts to the jury may affect the outcome of the trial. They have also suggested that banks weren't asking many questions of potential buyers. They contend that banks only care about applicants having good credit and properties being appraised correctly.

Presenting a strong defense is necessary when facing serious charges such as mortgage fraud. From questioning the admissibility of evidence to the truthfulness of witnesses against the defense, criminal defense attorneys work diligently to give their clients the best chance at a positive outcome.

Source: The Daytona Beach News-Journal, "Attorneys take shots at broker’s credibility in Volusia mortgage fraud case" Lyda Longa, Apr. 15, 2014

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