777 Passaic Ave
Clifton, NJ 07012
Tinton Falls Office
788 Shrewsbury Ave
Tinton Falls, NJ 07724
354 South Broad Street
Trenton, NJ 08608
One Gateway Center
Newark, NJ 07102
Jersey City Office*
2500 Plaza 5, 25th Floor
Jersey City, NJ 07311
100 Overlook Center
Princeton, NJ 08540
Cherry Hill Office
1818 Old Cuthbert Rd.
Cherry Hill, NJ 08034
33 Wood Avenue South
Iselin, NJ 08830
East Brunswick Office*
197 Route 18 South
East Brunswick, NJ 08816
Toms River Office*
200 Main Street
Toms River, NJ 08753
4400 Route 9 South
Freehold, NJ 07728
30 Knightsbridge Road
Piscataway, NJ 08854
20 Commerce Drive
Cranford, NJ 07016
New Jersey Mortgage Fraud Lawyers
In the past few years, mortgage fraud has exploded in New Jersey and across the country. Sometimes, mortgage fraud involves just one person such as when a home owner falsifies information on an application. However, mortgage fraud often involves a large number of people who are involved in every aspect of the mortgage process.
This includes the home buyer, the mortgage broker, bank employees, lawyers, builders and others who work together to rip off the bank. In the effort to crack down on mortgage fraud, our lawyers have seen that innocent home owners can be accused of fraud when it was the bank who should not have given them a mortgage in the first place.
Regardless of how or why you found yourself in the middle of a mortgage fraud case, our team of tough, New Jersey Mortgage Fraud Attorneys can help you avoid an arrest and/or conviction for mortgage fraud.
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Are you under investigation from your mortgage company or law enforcement for mortgage fraud? Do you need to speak with an attorney right away? call us right now at 732-773-2768 to discuss your case. You can reach us any day, anytime.
Types of Mortgage Fraud
There are a number of ways that mortgage fraud can be carried out:
Fraudulent Property Flipping - this occurs when the defendant purchases property falsely appraised at a higher value and then quickly sells it, profiting from the false appraisal. In some cases, the purchaser may hold the property for less than a day.
Silent Second - this occurs when a buyer borrows the down payment from the seller through the issuance of a non-disclosed second mortgage which leads the primary lender to believe that the borrower has invested his own money in the down payment. The second mortgage is not be recorded to further conceal it from the lender. Another variation of this involves the builder/seller fronting all closing costs including the down payment. This is made easier when the down payment is less than 20% as less money is needed from the "silent second". Again, this is not disclosed to the lender and thus, it becomes fraud because the lender is accepting the mortgage based upon false information.
Nominee Loans/Straw Buyers - A straw buyer is a person that conceals his identity through the use of a nominee with that nominee's consent, often relying on the nominee's better credit history, to apply for a loan the person otherwise could not have obtained.
Fictitious/Stolen Identity - this is the same idea as a straw buyer but instead of a nominee, the suspect uses a fictitious or stolen identity to apply for a loan or to co-sign for the loan. With these cases, the lender will attempt to go after the victim who may have an uphill battle to prove that their identity was stolen. Our firm has represented victims of identity theft in these cases and it is not easy.
Equity Skimming - In equity-skimming fraud, the suspect may use a straw buyer, false income documents, and false credit reports to obtain a mortgage loan in the straw buyer's name. After closing, the straw buyer signs the property over to the investor in a quit claim deed which relinquishes all rights to the property and provides no guaranty to title. The investor does not make any mortgage payments and often rents the property for additional profit until the property is foreclosed on.
Air Loans - this occurs when a suspect obtains property loans for which there is no property or other collateral. The perpetrator may invent borrowers and properties, establish accounts for payments, and maintain custodial accounts for escrows. He may even set up telephone numbers for the "employer," "appraiser," etc., to provide the lender with "verification" of the false information.
Ponzi Schemes - the suspect solicits money from investors, selling interest in the same property to multiple investors or simply pocketing money and providing false documentation for the transactions.
Foreclosure Fraud Attorneys - with the wave for foreclosures comes people who will attempt to rip people off and profit from the misfortune of others. One of the most common types of foreclosure fraud is a foreclosure rescue schemes. In a rescue scheme fraud, the suspect identifies homeowners who are at risk of defaulting on loans or whose houses are already in foreclosure. He then misleads the homeowners into believing that they can save their homes if they transfer to the suspect the home's deed and up-front fees or purchase loans through the suspect. The suspect profits by remortgaging the property or pocketing fees paid by the homeowner.
If you are suspected of engaging in foreclosure fraud, call the team of tough, smart New Jersey fraud defense attorneys today at 732-773-2768.