Exploring common defenses against mortgage fraud charges

On Behalf of | Oct 7, 2024 | Mortgage Fraud, White Collar Crime

Mortgage fraud is a serious issue in Florida that can lead to severe penalties. However, some people may face these charges because of mistakes or miscommunications during the mortgage process, while others may be subjects of false accusations. 

In any case, understanding possible defenses against these charges can help individuals protect themselves and their rights.

Lack of intent

A common defense in fraud cases is proving the lack of intent. Mortgage fraud typically requires that a person knowingly commit fraud. 

For example, if someone made an honest mistake when filling out paperwork, they may be able to prove they did not intend to deceive anyone. Errors in financial documents, such as providing incorrect income or asset information, might happen unintentionally. If there is proof that the person did not mean to commit fraud, these details might weaken the case against them.

Duress or coercion

Duress means that someone forced or pressured the accused into committing fraud. In some cases, people manipulate others into committing acts they wouldn’t normally do.

For example, a relative or spouse could pressure a person into submitting false information for a loan application. If the defendant can show that they were acting under duress, the court might reduce or dismiss the charges. The key is proving that the individual had no other choice and that the actions were not voluntary.

Insufficient evidence

The prosecution must present clear and convincing evidence that fraud occurred. If there is a lack of solid evidence, it becomes more difficult to prove that a person intentionally committed fraud. 

This argument focuses on showing that the evidence is weak or incomplete. For instance, if documents that allegedly prove fraud are missing, incomplete, or unreliable, this can help in the defense.

Understanding these defenses can make a difference in how the court addresses charges. These factors can play a major role in reducing or eliminating the legal consequences of a mortgage fraud accusation.

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