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Mortgage Fraud Questions

Mortgage fraud occurs when a person manipulates the details of a mortgage application in an attempt to accommodate themselves or another party, generally at the expense of the lender. While the penalties are severe in some areas, mortgage fraud is an appealing venture to criminals due to the lack of investigative skills from government agencies. Below are just a few of the more commonly asked questions that have been answered by Experts.

How can one obtain records providing they repeatedly solicited deals with the same people committing mortgage fraud?

If you want to gather information outside of the court room, you can use any legal means of doing so. However, for litigation purposes, you will have to go through the discovery and Subpoena process if you plan to sue. You can use discovery and Subpoenas to gather information from not only the defendant, but also third parties. The discovery process includes questions that the defendant must answer also, if you request documents, the defendant must provide them for court. The Subpoena ensures that the defendant will appear in court.

I am being sued for mortgage fraud that I didn't know about. I foreclosed a house 4 years ago and received a letter and it says that I lied about my income. What should I do next?

The first step would be to have an attorney answer the lawsuit. Find an attorney who is familiar with real estate law. If you used a broker, then it is very possible that the broker has committed the fraud, not you. The chance that the bank could win this lawsuit would be slim. You could answer denying the allegations of mortgage fraud and counter sue the lender and the broker for fraud and predatory lending. There is no reason to settle with the lender. You appear to have a strong case on your side.

I was a victim of a mortgage fraud scheme and I am not able to pay the mortgage on my investment property condo. I have 30 days to respond, what do I do now?

It is very possible that the lender will go ahead with a Foreclosure if you cannot satisfy their demands in the 30 day window. You could send the lender a letter that accounts the fraud scheme; however, you should have a property lawyer look at the letter before you send it. This will ensure you don't put yourself in a compromising legal position. If this is an actual fraud scheme, you could request that the court remove the loan by court order. To do this, you will have to file a lawsuit of fraud.

If you cannot afford an attorney, you will have a hard time winning your case. More than likely, the lender will have a law firm representing them. If you are willing to let them foreclose, stop all payments and the lender will probably begin the foreclosure process.

Can a person sue in the supreme court in South Carolina over mortgage fraud and if so how?

The person would file suit in Circuit Court, not Supreme Court. Circuit Court is the Court of Common Pleas. While the Supreme Court has Appellate and original jurisdiction in many matters, a mortgage foreclosure, RESPA violations, and other matters would be for the Circuit Court

Mortgage fraud is a serious crime that can result in stiff penalties and jail time. Victims of Mortgage fraud can be financially devastated. If you have questions or concerns regarding mortgage fraud, you should ask an Expert for assistance.

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Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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