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Recent Mortgage Fraud questions

Housing fraud. What is the penalty disclosing all liabilitys

Housing fraud. What is the penalty for not disclosing all liabilitys on a refinance home loan application? Does it happen?

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Zoey_ JD

Doctoral Degree

29,138 satisfied customers
I am originally from Peru and in 2009 I started a company with

I am originally from Peru and in 2009 I started a company with an American. I took him to know my country and hometown. I didn't know he was sued for 2 or 3 mortgage frauds. This gentlemen sued me in my hometown with forged documents prepared here in Beaumont, Texas in his office. He is lying to the PeruvianHe claims I owe him $100,000.00 (email), $170,000.00 (document showing the company with operations in Jefferson County only) and a forged contract for "Consulting" for $200,000.00.A lawyer told me: "American law cannot prevent an American Citizen from committing a criminal act in another country with documents written in USA. Technically, there is a violation"Can you tell me where in the civil or criminal code is this? and give me some advice?

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Zoey_ JD

Doctoral Degree

29,138 satisfied customers
If a guy named Jim tried to commit short sale fraud by understating

If a guy named Jim tried to commit short sale fraud by understating his assets to the bank by claiming he had less money than he really did in order to help get the short sale approved. And then when he actually got the shortsale approved, but prior to the sale actually happening, Jim realized what a horrible idea this was! He then talked to an attorney who said it was mortgage fraud. Jim then Freaked and stopped the shortsale process completely! Canceled in full. The short sale was stopped & was not completed. The attorney that Jim briefly talked to at the time explained that it was still mortgage fraud even though Jim stopped the short sale & even though the bank did not suffer any financial loss. Jim then did some research and learned that the base level for this type of offense is federal offense level 7. Jim noticed that as the dollar amount of the fraud increased, the offense level also increased. For example, if the fraud was over $5k then the offense level was increased by 2 points. So here is the question: Jim stopped the short sale from happening so the bank did not suffer any loss. So I would assume that since the actual loss was zero that his charge would reflect that amount, correct? Jim realized that HAD the shortsale been completed the bank would have suffered a loss of about $50,000 and he is thankfull that that didn't happen as that would have greatly increased Jims charge and offense level. A crazy thought popped in Jim's head that even though this resulted in no actual loss, that the FED could still charge him as if the $50K amount happened, even though it never did. Jim's offense level can't be increased based on that $50K amount can it? It has to be based on the actual loss amount, right?

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Law Pro

Doctoral Degree

23,546 satisfied customers
First off, I appreciate your professional assistance! Im

First off, I appreciate your professional assistance! I'm sort of (ok - maybe more than sort of) a worry wart. This issue has concerned and scared me for over a year. Quick Background: Back in 2010 I attempted to do a short sale on my house. I had a horrible horrible 2nd loan (heloc) on my house with a balloon payment due in full in a few years and a rate of almost 10%. The value of the house dropped by almost $300K. I could not pay it back so I attempted a short sale as a way to get away from loan. I was referred to a so called short sale negotiation expert who I hired to negotiate the short sale for me. This expert claimed to be a pro and "knew the ins and outs of getting short sale approval. He had a system that created a higher success rate than most and it was worth it for me to hire him." This guy turned out to me a completely unethical person who's "system" meant falsifying income, etc. to show I earned less money than I did in order to get approval." I stupidly went along with his plan until my wife and I finally realized just how unethical this guy was. We ended up pulling the plug and canceling the short sale process and then fired this guy. I few month later on my own I was able to negotiate a settlement agreement on the line of credit without having to provide them any information. I understand that a few years have gone by and the short sale was never completed, but, lying to a bank and providing false income, etc. is a felony. I understand that even though I did not personally provide the information I am involved. Ive done enough research to understand the implications of this act and know that the charges in federal court would be on the felony level. I have never been convicted of any crime before and have a completely clean record. I am a real estate property manager with a stay at home wife and two children to support."Assuming" that this was investigated and they were pursuing me for this offense...Q1: Since this is a non violent crime and my first offense would it be possible (I know you cant speak in absolutes but is it possible) to get them to agree to some time of deferred sentence with fines, community service, probation, etc, to avoid a felony conviction?Q2: Since this is a "small type of mortgage fraud and my first ever criminal issue" Is the possibility of avoiding an actual felony conviction and reaching some type of other agreement likely?Q3: Is it "possible" to avoid having to do any jail or prison time by doing community service, probation, ethics courses, etc? I truly appreciate any help you can provide my Thanks

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Marsha411JD

Doctoral Degree

18,804 satisfied customers
I feel my child is being kept from seeing me because my exhusband

I feel my child is being kept from seeing me because my exhusband is using emotional abuse there by use of her car senior school trips, pparties seeing friends in order to get her to say she doesn'tnot come for visitation because she says she will be there and not sho even for things like christmas. I am helping her get in a college and he doesn't want her to go. She is 17 and can decide if she wants to go. I can't prove this but last night he indirectly incenuated it. He took her with no immenient danger on my thanksgiving visitation 5 minutes after I got her and branished a taszer gun 5 inches from my face and asked inf I wanted a gun and i am an abused woman and i had just found out from the bank some finicial details that were criminal so I was scared of him. he files a warrent and with hearing evidence were no evidence was heard on the matter of falsely reporting a crime because i called 911 when he left while she was in my custody without me talking to her before he dangerously drove off and the police caught up with him at a different location and they said it was civil. He also said i called and threatened him and used the exact quote from a TPO order like I actually said it as a threat and the rest of the the was what I has already reported to the police hours earlier in reverse. i did call to check on hr but thats it.For christmas she kept saying she was coming and he made me stay at an expensive hotel but wouldn't show. I think he is using her perks to say no you can't go and she has a car and phone and senior trips and friends and parties so I think so he is not violating our settlement order he has kept me from seeing her for 4 important college months and I have stayed in there town in a hotel for 3 weeks during that time to see her over the holidays. he has cuit off communication from our phones to each other so he is showing all the typical signs of emotional abuse. How can I get an emergency order to get her away from him but keep her in her house until can be heard be a judge i was an abused woman and have police report and hospital report and pictures to prove it and he was very controlling and emotionally abusive to me.

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Samuel II

Attorney

Doctoral Degree

31,924 satisfied customers
In 2010, my wife forged my signature on a mortgage loan modification

In 2010, my wife forged my signature on a mortgage loan modification and got her friend (a coworker at Florida Hospital) to Notarize it.In June 2012 (after she had already filed for divorce) I was inadvertently contacted by the mortgage company and became aware that something was amis.After seeking legal advice, I filed a police report with the Seminole County police Their investigation proceeded and all signs indicated that the Notary signed the document in Orange County.The investigator told me that he could not proceed in the case because he "had no jurisdiction" - He was investigating it as an identity theft/notary fraud case.HOWEVER it appears to me that he does have jurisdiction if proceeds as Mortgage Fraud Title XLVICRIMES Chapter 817FRAUDULENT PRACTICES View Entire Chapter817.545 Mortgage fraud.—I suggest that to him and he disagreed. Reading the statute, it seems clear to me that he DOES have jurisdiction, since (4) For the purpose of venue under this section, any violation of this section is considered to have been committed:(a) In the county in which the real property is located;

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Dwayne B.

Juris Doctor

35,316 satisfied customers
I am told this is a serious criminal matter, but also can not

I am told this is a serious criminal matter, but also can not bring it to any criminal investigative agency in GA, because a powerful attorney is apparently involved and part of the racket, what do I do to get justice ( and certified copies of my pleadings?)

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SmithEsq

Attorney

Doctoral Degree

222 satisfied customers
My girlfriend says her husband who she is in divorce proceedings

My girlfriend says her husband who she is in divorce proceedings with, forged her name on the loan docs because she says she never signed them. Her husband wont admit it but says the debt, $266K, is a community debt. Can she get out of the debt somehow?

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Criminal-Expert

Senior Counsel

Doctoral Degree

3,636 satisfied customers
Im not exactly certain if this is the right place or the right

I'm not exactly certain if this is the right place or the right people to answer...But some background:Someone (person 1) is attempting to get approved for a housing loan and to make a down-payment. But they can't be approved due to credit issues, so they request another individual (person 2) take out a housing loan for them. Evidently the banks need to ensure these people (1 and 2) can make payments on the loan so some banking account information comes into play to ensure history, job, etc and they will check. Now, person 2 doesn't have money to make a down-payment...so person 1 asks person 3 to send person 2 the appropriate amount so that they can claim to the bank that these funds were a business fund and can make regular payments. (Only while the bank checks) and then person 1, who has money in their own account (after being checked by bank also) can then pay back person 3 in a few weeks after they are approved and the "coast" is clear. I am person 3. I have already refused to be a part of this simply because of its complicated nature and the fact that it just makes me feel like 1 and 2 are attempting to hood-wink the loan people. I am trying to figure out if this is in fact the case...Confusing...I know...If this can't be answered, no problem :)

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LawTalk

Attorney at Law

Juris Doctor

32,420 satisfied customers
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