Florida Mortgage Fraud Charges Defense

A mortgage fraud charge in Florida can arrive without warning, and the consequences reach far beyond fines. People facing these allegations often learn just how quickly a real estate transaction, a loan application, or a business arrangement can be reframed by prosecutors as criminal conduct. A single misstatement on a loan document, a disputed appraisal, or an allegation of undisclosed income can be enough to put you in front of a judge facing felony charges.

At The Wiseman Law Firm, we defend individuals throughout Central Florida accused of mortgage fraud and related financial crimes. Attorney Simon Wiseman is a former Orange County prosecutor with over 26 years of experience and more than 100 jury and non-jury trials. That prosecutorial background gives him a precise view of how these cases are built and, more importantly, how they can be challenged. As part of our theft crimes defense practice, we take mortgage fraud cases seriously from the very first call.

What Florida Law Says About Mortgage Fraud

Florida Statute § 817.545 governs mortgage fraud at the state level. Under that law, a person commits mortgage fraud if, with intent to defraud, they knowingly make any material misstatement, misrepresentation, or omission during the mortgage lending process, with the intent that the false information will be relied upon by a lender, a borrower, or another party involved in the transaction.

The mortgage lending process is broadly defined and covers everything from initial loan solicitation and application through underwriting, signing, closing, and funding. Documents that may be scrutinized include loan applications, appraisal reports, HUD-1 settlement statements, tax returns, bank statements, W-2 forms, and employment verification records. You can review the full statutory language at Florida Statute § 817.545 on the Florida Senate’s website.

How Mortgage Fraud Is Charged

Most mortgage fraud cases in Florida are charged as either second- or third-degree felonies. A third-degree felony carries up to five years in prison, and a second-degree felony carries up to fifteen years. Prosecutors pursue the more serious charge when the loan amount stated on documents used in the lending process exceeds $100,000, a common threshold in Florida’s real estate market.

Because many Florida real estate transactions involve loans well above that threshold, second-degree felony charges are far more frequent than people expect. These are the same felony classifications covered under our felony defense practice, and the stakes are equally high.

Who Gets Charged with Mortgage Fraud

Mortgage fraud charges are not limited to borrowers. Prosecutors can target any participant in a real estate or lending transaction, including real estate agents and brokers, loan officers and mortgage brokers, title agents and closing attorneys, appraisers, and property investors involved in flipping schemes. In some cases, charges stem from coordinated prosecutions where multiple parties to a single transaction are named as co-defendants.

It is also worth noting that charges can arise from both state and federal investigations. The FBI and the U.S. Department of Housing and Urban Development actively investigate mortgage fraud, and federal charges carry their own, often more severe, penalty structures. Our firm handles white-collar crime defense at both the state and federal levels.

Common Defenses Against Mortgage Fraud Allegations

Mortgage fraud charges often rest on questions of intent. Prosecutors must prove not only that a misstatement was made, but also that it was knowing, material, and made with the intent to defraud. That standard creates real opportunities for defense. Florida law even provides that omissions on a loan application regarding employment, income, or assets are not considered material if the loan did not require that information.

Common defense strategies in these cases include the following:

• Lack of intent: The defendant made a mistake or relied on third-party information without knowledge that it was false.
• Immaterial misstatement: The information at issue would not have influenced a reasonable lender’s decision.
• Reliance on professionals: The defendant relied on the representations of a broker, appraiser, or attorney without independent knowledge of any wrongdoing.
• Insufficient evidence: The prosecution lacks the documentation, witness testimony, or electronic records to prove each element beyond a reasonable doubt.

A strong defense begins with a thorough review of all documents tied to the transaction. Our fraud defense practice extends to related charges such as general fraud crimes, and we apply the same methodical approach to every case.

Contact The Wiseman Law Firm for Mortgage Fraud Defense in Florida

Attorney Simon Wiseman built his career first in prosecution, serving as an Orange County prosecutor before shifting to criminal defense. That experience gives our clients a significant advantage because we know how the state of Florida constructs these cases, what evidence prosecutors prioritize, and where the weaknesses in their theories often appear. With over 26years of experience and more than 100 jury and non-jury trials, we are prepared to take your case as far as it needs to go.

If you or someone you know has been charged with mortgage fraud or is under investigation for financial crimes in Central Florida, time matters. Early legal intervention can make a significant difference in how your case develops. Contact our office today by filling out our online contact form to schedule your consultation.