NEW YORK CITY MORTGAGE FRAUD ATTORNEYS

New York City Real Estate Fraud Attorneys

The recent mortgage crisis has transformed New York mortgage fraud and subprime lending fraud criminal prosecutions from a relatively rare occurrence to a real possibility as state and federal agencies aggressively investigate numerous mortgage fraud schemes in New York City area.

Our New York City mortgage fraud attorneys represent clients throughout the New York City Metropolitan Area who are in the target of criminal mortgage fraud probe or have been formally charged with mortgage fraud, real estate fraud, or subprime lending fraud.

Mortgage fraud criminal probes usually focus on the financial information potential borrowers provide on loan applications. Sometimes the investigators will probe the bank that has been involved with numerous foreclosed subprime loans because of the suspicion that the underwriters or brokers falsified mortgage loan applications.

At  Joseph Potashnik and Associates PLLC, our New York City mortgage fraud defense lawyers emphasize the proactive approach to defending real estate fraud and mortgage fraud cases. We employ forensic accountants, private investigators attorneys, and other experts when dealing with mortgage fraud criminal probes.

Discrepancies on loan applicants’ documents are amongst the most common factors that trigger an investigation. We analyze the financial records to address the discrepancies and create the most feasible defense roadmap. We can recreate the entire loan process and determine whether liability exists.

New York State and Federal Defense of Mortgage Fraud and Subprime Lending Fraud
Our mortgage fraud attorneys represent a wide array of clients facing mortgage fraud issues. We defend banks, real estate investors, loan applicants, home owners, brokers, construction companies, and appraisers in state and federal courts in the New York City Metropolitan Area and New Jersey in cases involving mortgage fraud involving the following issues:

  • Fraudulently misrepresenting information regarding one’s assets on a loan application
  • Inflating salary and earnings information
  • Failure to disclose primary or secondary residence
  • Submitting false information on a loan application
  • Fraudulently  misrepresenting information about renters or purchasing agreements
  • Foreclosure fraud

Steps in Federal Prosecutions of Mortgage Fraud Cases
The majority of mortgage fraud cases are investigated by the federal government, in particular by the Financial Institution Fraud Unit of the FBI. The U.S. Treasury and the FDIC are likewise often involved in real estate fraud investigations. The most targeted areas of mortgage fraud are fraud for profit and fraud for housing.

Fraud for profit involves revolving equity, falsely inflating the value of the property, or issuing loans based on fictitious properties. These schemes are perpetrated by the mortgage industry insiders and are of special interest to the FBI.

Federal criminal probes of mortgage fraud case may take a long time. Most investigation are covert and you may not even know that you are the target until the FBI investigators think they have enough evidence to build their case.

At that stage, they secure an indictment and arrest the suspect. Because they have already completed the investigation, the government is essentially ready for trial and federal courts calendars move quickly leaving the defendant very little time to prepare for trial. Defending a federal criminal case requires serious time investment. Trial preparation involves gathering and analyzing information, interviewing witnesses, analyzing the government’s evidence.

At Joseph Potashnik & Associates, our trial-tested criminal lawyers have years of trial experience. In criminal prosecutions, especially in federal cases, it is more than just one prosecutor who is representing the government. Defense is facing a team of government attorneys, investigators, support staff, and experts, as well as the government’s almost unlimited financial resources.

You need to restore balance to even have a chance of success. Our law firm has the resources and the experience necessary to confront prosecutors on doubtful assumptions and quick-to-judge indictments that are contradicted by evidence.

Contact New York Mortgage Fraud, Subprime Lending Fraud & Real Estate Fraud Attorneys
As a criminal defense team, we are most successful when we get into the game early, preferably at the investigative stage. Our experience with dealing with federal investigators allows us in some cases to prevent criminal charges from being filed in the first place.  If you are subject to a criminal real estate fraud and mortgage fraud investigation in NYC, call our New York City mortgage fraud lawyers as soon as possible to discuss your case!