Essentially, mortgage fraud is where there is a failure to disclose all critical information to mortgage providers that has a material effect on their decision to lend. Allegations of mortgage fraud have become more frequent since the 2008 financial crisis. This is because mortgage providers, who are the potential victims of mortgage fraud, are tightening up practices to identify loans that may be suspicious and in need of criminal investigation. This includes increased intelligence sharing with the authorities, more spot-checks on historic loans and more frequent auditing of intermediaries such as mortgage brokers, surveyors, conveyancing agents and solicitors. Our expert criminal defence solicitors in Scotland are experts in dealing with mortgage fraud. Contact us today if you have been accused of mortgage fraud in Alloa, Dunfermline, Falkirk, Edinburgh, Glenrothes, Kirkcaldy, Methil, Perth, Stirling or anywhere throughout Scotland.
There is no specific mortgage fraud offence in Scotland. Instead, allegations of mortgage fraud are usually charged under the common law crime of fraud, which is where a false pretence secures some kind of result that otherwise wouldn’t have occurred. Because the definition is so broad, many different types of criminal conduct fall within the remit of the offence – from domestic fraud, back-to-back transactions and more complex mortgage arrangements that take advantage of the lending process; to imposter and intermediary fraud that target and exploit weaknesses in conveyancing practice.
Mortgage fraud is a notoriously complex crime that can involve an intricate and wide-reaching web of transactions. This means that allegations of mortgage fraud aren’t always restricted to borrowers. They can be levelled against anyone involved in the mortgage or mortgages at issue, including solicitors, surveyors and other professional intermediaries.
An allegation of mortgage fraud, no matter how complex, can do significant damage to an accused, both in terms of their personal finances and professional reputation. It’s vital to get specialist legal advice as soon as possible to mitigate the potential consequences. A specialist mortgage fraud defence solicitor will help you to carry out forensic investigations aimed at challenging the cogency of any allegations made against you, while ensuring your rights are both protected and respected throughout an investigation, and if necessary, criminal proceedings.
Property & Mortgage Fraud Defence Experts in Alloa, Fife, Stirling, Dundee & Scotland
At Martin, Johnston and Socha, our team of specialist criminal defence lawyers have been defending clients facing allegations of mortgage fraud for many years. We’re well-known for our experience navigating the criminal justice system and our thorough, technical and proactive approach, especially to complex mortgage fraud cases. Our legal firm is widely recognised as one of Scotland's leading criminal defence teams and someone will be available to take your call 24 hours a day, seven days a week.
We regularly help individuals and businesses facing allegations of mortgage fraud protect their interests. Working closely with our clients, we design and implement effective defence strategies, including during the investigation stage and, if things are taken further, during criminal proceedings. We pride ourselves on scrutinising allegations made against our clients and forensically analysing evidence, all aimed at ensuring our clients have the strongest defence possible.
Contact Our Mortgage Fraud Defence Lawyers Alloa, Dunfermline & Kirkcaldy, Scotland
If you have been accused of mortgage fraud, contact our mortgage fraud defence lawyers now. We offer a free initial consultation to discuss your case. We defend our clients, wherever in Scotland they’re based, including those in Alloa, Dunfermline, Falkirk, Edinburgh, Glenrothes, Kirkcaldy, Methil, Perth and Stirling.
Our criminal solicitors can assist by discussing your options with you confidentially, and are ready to fight your corner. We provide a fully comprehensive legal service from liaising with the police through to representing you in court. Call our criminal defence lawyers for a free, initial consultation in Dunfermline on 01383 730 466, in Kirkcaldy on 01592 640 680, in Alloa on 01259 725 922 or make an online enquiry.