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 defence 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 organised group of individuals, prosecutors may also have the means to tie this fraud into an indictment for Enterprise Corruption.
Defenses & Limitations to Residential Mortgage Fraud
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.