Mortgage Fraud Solicitors

Our expertise with mortgage fraud charges

Having represented a wide range of clients for more than 45 years, our specialist fraud defence lawyers have the skills and expertise to give you the best possible defence in even the most complex of mortgage fraud cases.

With a number of accredited police station representatives on our team, we can offer instant advice and representation 24/7 for anyone arrested in connection to mortgage fraud offences.

Our mortgage fraud solicitors have a strong track record of successfully representing clients in both the Magistrates’ Court and Crown Court, with our team also having very good working relationships with some of the country’s leading specialist fraud barristers. Our team can therefore provide robust mortgage fraud defence and make sure you have access to all of the skills and expertise needed to achieve the best available outcome for your case.

Our mortgage fraud solicitors are accredited by the Law Society for Criminal Litigation and have also achieved Lexcel accreditation, reflecting the high standards of our legal practice.

Pre-Charge Bail

If you are released on pre-charge bail (also simply referred to as being released on bail), after being interviewed for fraud offences this means that the police will be continuing their investigation to gather more evidence before they are able to make a final charging decision. Whilst the police are making their decision they may impose bail conditions, such as restrictions on where you can go and requirements to attend the police station on a certain day.

To find out more in relation to pre charge bail please use the links provided below:

• On Bail But Not Charged - What Does It Mean?
• Pre-charge bail and Released Under Investigation
• How long can you be on bail without charge UK?

Common questions about mortgage fraud offences

What is mortgage fraud?

Mortgage fraud refers to the criminal offence of fraudulently taking out a mortgage for the financial benefit of the borrower or dishonestly making changes to an existing mortgage, such as borrowing further funds. The specific criminal offence or offences involved in mortgage fraud will depend on the circumstances involved, but may include:

• Fraud by False Representation
• Fraud by Failing to Disclose Information
• Fraud by Abuse of Position
• Conspiracy to Defraud

Examples of the types of mortgage fraud someone could be charged with include where:

• The sale price of a property is overstated, allowing the borrower to secure a mortgage they would otherwise not have been offered or to receive a better interest rate than they would have based on the true value of the property.
• False information is given about the borrower’s identity, income, employment, existing debts or any other information that might influence the mortgage application.
• The borrower claims the property will be their primary residence when in reality they are buying the property as an investment, allowing them to secure the more favourable interest rates intended for owner-occupiers.
• Multiple mortgages are taken out on the same property from different lenders who are not aware of the other mortgages.

Mortgage fraud law generally falls into two main categories:

Simple mortgage fraud – Where an individual provides false information in relation to a mortgage application for their own benefit.

Conspiracy to commit mortgage fraud – Where two or more people work together to secure a mortgage or mortgages as part of a planned criminal enterprise.

It is important to note that is not just the person who fraudulently takes out a mortgage who can face prosecution for mortgage fraud.

The seller of a property can also face prosecution if they agreed to overstate the sale price or otherwise provide false information relating to the sale, as can mortgage brokers who are considered to have intentionally or negligently failed to recognise the signs of mortgage fraud. Anyone else involved in providing false information for the purposes of securing a mortgage can also potentially be charged; for example, valuers or surveyors.

Is mortgage fraud a criminal offence?

Yes, mortgage fraud is considered to be a criminal offence. While the exact circumstances of an individual case can vary significantly, providing false information in relation to a mortgage application is a form of fraud and can be dealt with in the criminal courts. This is why the advice and representation of our mortgage fraud solicitors is essential if you are facing an accusation.

What are the penalties for mortgage fraud?

Mortgage fraud laws are serious, with the potential sentence for the offence will depend on the specific offence alleged to have occurred and will be influenced by factors including:

1. The amount of harm caused, intended or risked by the offence (i.e. the financial value of the loss experienced by the alleged victim or victims).
2. The role the defendant is alleged to have played in the offending (culpability).

Harm is further categorised based on the loss caused or intended by the mortgage fraud, as well as the impact on the victim.

Harm is split into 5 categories of loss and three levels of victim impact.

Culpability is split into three categories which determine an offender’s role and the extent to which the mortgage fraud was planned.

For offences of Fraud by False Representation, Fraud by Failing to Disclose Information, Fraud by Abuse of Position and Conspiracy to Defraud, the maximum sentence is 10 years’ imprisonment.

Aggravating and mitigating factors also play a vital role in determining the severity of penalties for mortgage fraud.

Aggravating factors which could have a significant bearing on a mortgage fraud investigation include:

• Previous convictions
• Offence committed whilst on bail
• Steps taken to conceal or dispose of evidence
• Evidence of wider community impact
• Failing to comply with court orders
• Offence committed on license
• Blame wrongly placed on others

Mitigating factors which could be taken into consideration during mortgage fraud cases include:

• No previous convictions or relevant convictions
• Remorse shown
• Age and/or lack of maturity
• Mental disorder or learning disability
• Sole or primary carer for dependent relatives
• Cooperation with mortgage fraud investigation
• Steps taken to address offending behaviour
• Activity was originally legitimate
• Serious medical conditions requiring urgent or intensive treatment

Who investigates mortgage fraud?

If you are suspected of committing mortgage fraud, the lender in question and the police will likely launch their own investigations.

How is mortgage fraud detected?

Mortgage fraud cases are often very complex, but investigating authorities will have various tactics at their disposal in order to detect and prevent mortgage fraud from taking place.

Lenders themselves will conduct various checks, such as standard credit checks, or will use the Mortgage Verification Scheme where inadequate evidence of declared income has been provided.

There are also specific actions which are likely to raise suspicion and instigate an investigation into potential mortgage fraud. For instance, if the same property is remortgaged or sold multiple times, there is a large and unexplained increase in the purchase price of property or sale proceeds are paid to someone other than the seller.

Who reports mortgage fraud?

Anyone who suspects that mortgage fraud has taken place will have to file a report with the National Crime Agency. Equally, anyone selling a property who has concerns about the offence can report mortgage fraud with Land Registry.

What are my rights when arrested on suspicion of mortgage fraud?

Mortgage fraud law is strict. If you are arrested for or charged with a mortgage fraud offence, knowing your rights is very important; it is vital to ensure you do not say or do anything which unintentionally harms your defence.

When arrested for mortgage fraud, please remember:

• The arresting officer must tell you what specific offence you are being arrested for
• You do not have to answer any questions you are asked
• You should never answer police questions without a solicitor present

When arresting you for a mortgage fraud offence, the police are required to caution you with the following words:

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court.  Anything you do say may be given in evidence.”

One of the consequences of mortgage fraud is that you and your home or work address may be searched; it is very important to obtain expert advice as police search powers are complex and can be challenged.

Following a police interview for an offence related to mortgage fraud, you may be:

• Charged with mortgage fraud/ a specific fraud offence
• Released under investigation
• Release with no further action

If you are charged with a fraud offence, you will either be released on bail or remanded in custody to await trial.

Contact our mortgage fraud lawyers now

For urgent specialist advice, immediate police station representation or to speak to our mortgage fraud solicitors confidentially about a charge of mortgage fraud or any other criminal matter, please do not hesitate to get in touch.

You can contact a member of our mortgage fraud lawyers in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 020 7624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 – our senior Solicitors and Partners can meet by appointment in the City.

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for mortgage fraud

For immediate representation and advice from our mortgage fraud lawyers, you can contact our Emergency Number: 07836 577 556, and we will provide you with the urgent assistance you need.