Theft by Mortgage Fraud

Mortgage fraud is a growing crime in New York City, her suburbs and throughout the entire state. Assistant District Attorneys aggressively prosecute Residential Mortgage Fraud, judges are often unsympathetic to those who perpetrate Residential Mortgage Fraud and New York criminal lawyers must remain vigilant and creative in their defense of clients accused of Residential Mortgage Fraud. Make no mistake. Residential Mortgage Fraud codified under Article 187 of the New York Penal Law, and the associated crimes of Grand Larceny, Criminal Possession of Stolen Property, Forgery and Falsifying Business Records, has the potential to be one of the most devastating felony crimes in New York. Even worse, if Residential Mortgage Fraud is perpetrated as a larger scheme by an organized group of individuals, prosecutors may also have the means to tie this fraud into an indictment for Enterprise Corruption.

• New York Penal Law 187.05: Residential Mortgage Fraud in the Fifth Degree
• New York Penal Law 187.10: Residential Mortgage Fraud in the Fourth Degree
• New York Penal Law 187.15: Residential Mortgage Fraud in the Third Degree
• New York Penal Law 187.20: Residential Mortgage Fraud in the Second Degree
• New York Penal Law 187.25: Residential Mortgage Fraud in the First Degree

As prosecuted by Assistant District Attorneys throughout New York City – Manhattan, Brooklyn, the Bronx, and Queens – as well as by those in Westchester County and beyond, Residential Mortgage Fraud is committed in numerous ways. Despite how new schemes are allegedly run, the crime itself is defined by law. New York Penal Law 187.00 defines many of the critical and relevant terms of this crime. For example, as clearly stated in the title of the crime, Residential Mortgage Fraud is only applicable to real property that is residential. More specifically, New York Penal Law 187.00(3) establishes this residential real property as one to four family dwellings and residential units in a building such as a condominium. Unimproved real property where residential dwellings are to be built is not included in this definition.

Although there are significantly more terms that need to be examined by both you and your criminal attorney should you be investigated, indicted or arrested for Residential Mortgage Fraud, the key definition is obviously the crime itself. According to New York Penal Law 187.00(4), Residential Mortgage Fraud is perpetrated when you knowingly and with the intent to defraud, presents (or causes the presentation) or prepares any written statement that you know contains materially false information pertaining to a factual matter or conceals information regarding any factual matter for the purpose of misleading. Additionally, you must know or believe that the written statement will be used in soliciting an applicant for a residential mortgage loan, applying for underwriting, or closing of a residential mortgage loan.

As noted above, the following felony offenses punishable with minimums of up to three years in prison and maximums up to twenty five years in prison, are often charged alongside Residential Mortgage Fraud

• New York Penal Law Article 155: Grand Larceny
• New York Penal Law Article 165: Criminal Possession of Stolen Property
• New York Penal Law Article 175: Falsifying Business Records
• New York Penal Law Article 170: Forgery
• New York Penal Law Article 460: Enterprise Corruption

New York Penal Law 187.01 may assist you and your criminal defense attorney in defense of your Residential Mortgage Fraud case. According to this section of the New York Penal Law, if you are an applicant for a residential mortgage loan or you intend to occupy the home that the mortgage is to secure, then you cannot be liable for criminal actions under Article 187. There are two critical exceptions that you must grasp before falsely believing your actions cannot be prosecuted. First, if you are an accomplice to another individual who committed this or another crime so that you could obtain this residential mortgage or move into the property, then you may still be prosecuted as such. Additionally, the New York Penal Law is voluminous in its criminal statutes. While you may avoid prosecution under Article 187, the crimes listed above (as well as many more), may still be in an Assistant District Attorney’s arsenal to use against you.

To further educate yourself on white collar crimes involving theft and larceny, review both this website and CrottySaland.Com. Additional analysis is available on the NewYorkTheftAndLarcenyLawyersBlog.Com and NewYorkCriminalLawyersBlog.Com. Each of these blogs not only contains information on white collar and larceny statutes, but a review of legal decisions and cases in the news. With this basic level of education, contact the New York criminal lawyers and former Manhattan prosecutors at Saland Law who stand ready to construct what we believe will be your best defense.

• Theft Convictions: Collateral Consequences
• Theft Crimes Sentencing Guidelines
• Defenses to Theft & Larceny

Contact the New York Criminal Defense Lawyers & Former Manhattan Prosecutors Online or at 212.312.7129 Now.