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Mortgage Fraud

Mortgage fraud is a felony under Florida law, and even first-time offenders face the possibility of a jail sentence and a permanent criminal conviction if found guilty. Anyone who has been charged or is being investigated for mortgage fraud in Florida should contact a criminal defense lawyer immediately. Law enforcement officers and government agencies will attempt to take advantage of unrepresented defendants by eliciting incriminating statements, and the only way to prevent questioning is to invoke the right to counsel. Benjamin Herbst is a South Florida criminal defense lawyer who specializes in mortgage fraud cases. He has extensive experience representing defendants in Miami-Dade County, Broward County and Palm Beach County, and also handles mortgage fraud cases in the Treasure Coast jurisdictions of Martin and St. Lucie County. Benjamin is available 7 days a week at (954) 543-0305 for a free consultation, and has flexible meeting hours at his Fort Lauderdale and West Palm locations. He is also more than willing to travel anywhere from South Miami to Port St. Lucie to discuss your case. Contact Benjamin to prevent law enforcement from attempting to question you, and to learn what defenses may be available in your case.

Mortgage fraud has a broad definition under Florida law, and includes any type of false or misleading statements made during the mortgage application process. Omitting material information with the intent to defraud may also be considered evidence of a crime. The mortgage fraud laws apply to all parties that are involved, including applicants, brokers and loan officers. The county where the act was committed or where the real property is located is the county that has jurisdiction over the offense, so out of state defendants are commonly charged with mortgage fraud. Benjamin has represented numerous out of state defendants and understands the stress involved with attempting to fight a case in an unfamiliar area. He not only fights for the best possible results, but also to assure that his clients are informed and involved each step of the way. All clients are provided with Benjamin’s cell phone number for access on nights and weekends. Staying in touch with his clients is a major priority for Benjamin.

An act related to mortgage fraud is classified as a third-degree felony unless the value of the loan at issue exceeds $100,000. If the value exceeds six figures the offense becomes a second-degree felony punishable by up to 15 years in prison. This law has not been updated in years, so almost every case will end up being a second-degree felony. This means that defendants will face severe sanctions if they are convicted the any Florida Circuit Court. Prosecutors and judges take mortgage fraud cases seriously, and are not afraid to saddle first time offenders with the life-long scar of a felony conviction. Benjamin will begin to work on attempting to have the charges dropped or reduced the minute he is hired, and will continue to fight until the best possible resolution is reached. He is not afraid to take his client’s case to jury trial if there is no other reasonable alternative. Benjamin has acquitted numerous clients of serious felony charges at trial, and continues to fight back against the government in all fraud related charges. Being charged with a crime in Florida, even a felony, is a frightening experience, but just because you are charged does not mean you will be convicted. State and federal prosecutors have to prove each and every element of the offense, and Benjamin will do whatever it takes to weaken their case. Contact South Florida mortgage fraud lawyer Benjamin Herbst anytime to discuss your charges.

Client Reviews
My family and I could not be more grateful for everything you did for me. I truly thought my future would be permanently impacted and I would never be able to join the military or even go to college. Because of your hard work I still have the opportunity to do both. Thank you so much! - T.S.
Hiring you was the best decision I’ve made in a long time. Thank you for supporting me and for your willingness to take the state to trial. Another lawyer may have tried to get me to take a plea, but you were ready to fight from day one. I’m so glad to have this case behind me, and have you to thank for it. - R.D.
I can’t thank you enough for your personal attention to the mess I got myself into. You don't know what a relief it is to be done with this criminal case. I never ever thought I would have been charged with a crime, but having you as my lawyer made the entire situation bearable. You gave me confidence that I would be able to overcome this from day one, and you followed through. Take care of yourself and your family, and thanks again for everything! - S.S.
You never backed down from the state, and you supported my decision to go to trial. Then you delivered in court. I appreciate you Ben. - T.C
I appreciate the hard work you put into my case, and my wife and I can’t thank you enough. Without you I could have lost everything. I’ll never forget what you did for me. - J.B.