Mortgage Fraud Solicitors Can Help if your Liberty and Home are at Risk
Finding out that a mortgage lender or lenders are claiming fraud can be a major stress. Police are often involved and everything you have done can be placed under the microscope. Not knowing how to fight it can be the worst thing to have to bear.
But you don't have to bear this situation alone. Help is available from specialists in the field who can guide you through to a positive outcome.
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Mortgage Fraud allegations bring stress from different directions
Finding out that you're the target of a criminal investigation for mortgage fraud can come as a shock. Getting through tough economic times is difficult enough, but having to justify financial decisions in a criminal case can seem terrifying and surreal. People can become paranoid about whether they or professionals acting for them may have made mistakes in the mortgage application process.
The vast majority of people in this situation have no experience at all of dealing with a criminal case and this lack of knowledge can make the whole thing seem more intimidating.
In this type of case, the stress can be severe because a person's freedom is at risk, as well as his or her assets, which could even include the family home.
Sleep can be affected, and there is often no obvious way to quickly clear up the situation. The waiting itself is a burden.
Many people with no experience of criminal cases will not even know how to go about finding a specialist mortgage fraud solicitor to help.
People either underestimate the system, or give way to worry
Mortgage fraud investigations can be dangerous because people often underestimate the situation, or at the other extreme, allow worry to take over.
Many people go into interview either without a lawyer or with the local solicitor, thinking it will all be fine because they have nothing to hide. They usually haven't realised that a police interview doesn’t even happen without the person first being categorised as a suspect.
Others worry because so much time has passed that they don’t still have the original mortgage paperwork and don‘t remember details. There can also be unsettling thoughts about whether investigators will pry into personal matters.
Perhaps the biggest frustration people have is when they realise that simply trusting the system often doesn’t work. Investigators sadly often take a cynical view based on the documents alone, without listening to explanations unless they confirm their opinions.
Specialist lawyers can help you make sense of the situation
If you’re facing this situation, you don’t have to despair. Specialist mortgage fraud lawyers are available to fight on your behalf. This means lawyers with both finance and criminal law expertise.
First, they sit down with you and listen, and then they give you a clear picture of what to expect from the process, before going to work on your behalf.
'Work' means getting all the available evidence from the police and prosecutors, and then preparing the case together with you thoroughly. From there, an expert team should look at whether the prosecution and investigators can be pressured not to continue with the case. If the case is headed for trial they will make sure that all the answers to the prosecution case are prepared, and a proactive defence case is ready for the jury, so they are persuaded that the prosecution's cynical version of the case is wrong.
Our experts are here to make the difference in your case
Our top ranked lawyers have defended some of the UK's biggest mortgage fraud conspiracy cases, as far back as the 1990s Recession and the Financial Crisis of 2007-2008. We represent homeowners, investors, brokers, and even estate agents. We know how to win these cases, and if you meet with us, you'll immediately see that we know what steps to take next, and that we really do want to help.
We request full disclosure in your case, and if it is withheld from us without reason, we go to the judge to demand it. We also obtain evidence from third parties, especially if a lender or other party to the transaction is trying to rewrite history about what happened at the time.
These cases are complex. This means that teamwork is vital, between you and us, and also with top forensic accountants, surveyors and other experts, so that every misleading statement from the prosecution can be exposed.
Finally, we retain expert barristers to present your case, so it comes across powerfully in court.
Things you can do right now which will improve things
Call us and speak to one of our mortgage fraud defence solicitors who will listen to you and give you some good advice.
Don't underestimate the situation. Assuming it will all be OK without you being proactive is a dangerous strategy.
Don't phone lenders or brokers to speak about what has happened - the call will probably be recorded and could end up being evidence against you.
Get organised. Try to gather evidence which could help you. This could include your text messages, emails, and any financial records.
Don't become overwhelmed about the evidence you can't obtain or things you can't change about the situation. Focus on what you can do.
Go to see your GP if you are suffering with sleep issues or mental health problems while the case is ongoing. You are no good to your legal team if you're not in good mental shape.
Don't despair - taking a logical approach will help. Get support from friends, family members, and of course from specialist mortgage fraud solicitors.
No-tricks fixed-fee pricing
We can usually offer a fixed fee instalment plan so you can plan for the expense, and so you can fund your case in stages while it is continuing.
Private representation
Once we have an idea of what kind of case you are facing and what work that will be necessary, we will then be able to provide you with a fixed fee quote. This means that you know before you commit how much your case will cost.
What's included?
Frequently asked questions
Will I go to prison for mortgage fraud?
There is no set answer to this question. If losses to another party get into the hundreds of thousands, prison becomes more likely but is not necessarily inevitable. Even if you are found guilty or plead guilty, whether you get a prison sentence could also depend on the role you had, the circumstances of the offence, whether you have any previous convictions, and even your age.
Will I lose my house if I am convicted of mortgage fraud?
If someone is convicted of an offence of fraud, confiscation proceedings will usually follow under the Proceeds of Crime Act 2002. This does not necessarily mean that all of your assets will be forfeited. There is a process which a court has to go through, and if you can prove that assets were legitimately obtained, some may be protected.
Can I be guilty of mortgage fraud if I didn't have anything to do with the loan application?
Whether or not you filled in or signed forms yourself may or may not be evidence of your guilt, but what is much more important is what you actually knew. If you were aware, for example, that false information was being provided on your behalf, whether you filled in or signed the forms yourself is not so important. Unless you knew or suspected that false information was being provided, you cannot be guilty of fraud.
If I am convicted of mortgage fraud will my spouse lose his or her home?
If your spouse was not aware of any fraud on a lender, he or she may be able to claim a third party interest in any proceeds of crime proceedings so that part of the assets are ring-fenced and protected from confiscation. He or she will need separate lawyers.
Send us a confidential message
We'll get back to you as soon as possible. We are happy to speak to you if you have a query, and either have a free consultation on the phone or in person if necessary.