{"id":267,"date":"2020-06-12T13:52:52","date_gmt":"2020-06-12T13:52:52","guid":{"rendered":"http:\/\/localhost\/monderlaw\/?page_id=267"},"modified":"2021-05-21T11:37:18","modified_gmt":"2021-05-21T11:37:18","slug":"san-diego-real-estate-fraud-lawyer","status":"publish","type":"page","link":"https:\/\/www.monderlaw.com\/fraud\/real-estate-fraud\/","title":{"rendered":"San Diego Real Estate Fraud Lawyer"},"content":{"rendered":"<p><iframe loading=\"lazy\" src=\"\/\/www.youtube.com\/embed\/5FlhBppSIPI\" width=\"420\" height=\"315\" allowfullscreen=\"allowfullscreen\"><\/iframe><\/p>\n<h2>Real Estate\u00a0Fraud in San Diego<\/h2>\n<p>Fraud is\u00a0knowingly misrepresenting or concealing certain facts to\u00a0induce someone else to act in a way that is harmful to that person&#8217;s interests. Real estate fraud is theft by fraud committed in connection with a real estate transaction. California has criminalized theft and divided it into two degrees, grand theft and petty theft.\u00a0Under California Penal Code section 487, &#8220;grand theft is committed when the money, labor, or real property taken is of a value exceeding nine hundred fifty dollars&#8221;.<\/p>\n<h2>Prosecution&#8217;s Burden of Proof for Real Estate Fraud<\/h2>\n<p>Basically, to convict someone of real estate fraud as a form of grand theft under\u00a0California Penal Code\u00a0487, the prosecutor must prove each of the following:<\/p>\n<p>1. The defendant\u00a0knowingly\u00a0and\u00a0intentionally\u00a0deceived a real estate owner or mortgage lender by making a false or fraudulent representation;<\/p>\n<p>2. The defendant did so intending to persuade the owner or lender to let them\u00a0take possession and ownership of the property or loan proceeds;<\/p>\n<p>3. Relying on the defendant&#8217;s false representation, the victim\u00a0let the defendant\u00a0take possession and ownership of the property or loan proceeds.<\/p>\n<h2>Common Types of Real Estate Fraud in San Diego<\/h2>\n<p>There may be completely legitimate real estate transactions that have similar circumstances as the real estate fraud schemes outlined below, but<a href=\"https:\/\/www.monderlaw.com\/\/\"> a skilled attorney<\/a> will conduct their due diligence to confirm their hunch. If the hunch proves to be true, the attorney should be sure that their client understands what their client is getting into or how to get out of the transaction immediately.<\/p>\n<h3>Foreclosure Rescue:<\/h3>\n<p>This type of fraud occurs in the form of a leaseback. When a\u00a0company tells desperate mortgage holders that they can save their home if the borrowers enact a temporary title transfer to the rescuing company. The company then promises that the borrower can stay in the home and pay rent during the temporary title transfer time. At this time, the rescue company sells the home once they obtain the title from the real owner. Because the rescue company claims it is a leaseback, they often only pay the owner a minimum amount that rarely reflects what the owner would have made if they had sold the property on the market. In the meantime, the owners remain on the hook for the original mortgage payments on their home.<\/p>\n<h3>Mortgage Elimination:<\/h3>\n<p>This type of fraud occurs in the form of eradication. When a\u00a0program offers borrowers a way out of their mortgages in a relatively quick period of time. Borrowers are convinced that there are loopholes that will allow the borrowers to escape the mortgage, and these companies charge a premium price for this service.<\/p>\n<h3>Illegal Flipping:<\/h3>\n<p>Flipping involves buying a property and then quickly selling it at a price that is well above its appraised value. There is a fine line between flipping for a profit and illegal flipping. California considers illegal flipping when it violates California\u2019s fraud laws.<\/p>\n<h3>Equity Fraud:<\/h3>\n<p>This\u00a0type of fraud occurs in the form of theft. When a person gets\u00a0the personal information of the victim and uses this information on mortgage or loan origination documents.<\/p>\n<h3>Fraudulent Loan Origination:<\/h3>\n<p>This is when real estate professionals help unqualified buyers get the money necessary to purchase a home with an FHA-insured mortgage. Real estate professionals in this situation promise potential homebuyers that they will qualify for mortgages that are much larger than the buyers\u2019 ability to repay, and many times falsify official documents to assist homebuyers in obtaining these properties.<\/p>\n<h3>Rental Fraud:<\/h3>\n<p>Rental fraud occurs when a person files false satisfaction of loan documents with the local court. In order to file this paperwork, the renter has to forge the owner\u2019s signature, the bank officers\u2019 signatures, and bank seals. This document shows no encumbrances on the home, and the individual is free to take out new loans on the property\u2014which he\/she usually does.<\/p>\n<h3>Rent Skimming:<\/h3>\n<p>When a property owner collecting rents and deposits on property without making payments on the loan and pocketing the rents.<\/p>\n<h2>Real Estate Fraud Charges Are Filed As a Misdemeanor or a Felony<\/h2>\n<p>Wobbler offenses are crimes that the prosecution has discretion to charge as either a misdemeanor or a felony. This decision is important to your defense because it will determine the penalties that you could face if convicted under California Penal Code section 487.\u00a0To determine the severity of the charges for real estate fraud, prosecutors look at two\u00a0things in particular:<\/p>\n<ul>\n<li>The value of the real property;<\/li>\n<li>The defendant\u2019s criminal history.<\/li>\n<\/ul>\n<h2>Penalties For\u00a0Real Estate Fraud<\/h2>\n<p>In California when an offense of real estate fraud\u00a0is charged as a Misdemeanor and you are found guilty under PC 487, you may:<\/p>\n<ul>\n<li>Be sentenced up to 1 year in\u00a0county jail;<\/li>\n<li>Receive a fine of up to $1,000;<\/li>\n<li>Informal Probation.<\/li>\n<\/ul>\n<p>In California when an offense of real estate fraud\u00a0is charged as a\u00a0Felony\u00a0and you are found guilty under\u00a0PC 487, you may:<\/p>\n<ul>\n<li>Be sentenced\u00a016 months to 3\u00a0years in state prison;<\/li>\n<li>Receive a fine of up to $10,000;<\/li>\n<li>Formal\u00a0Probation.<\/li>\n<\/ul>\n<h2>Real Estate Fraud Enhancements<\/h2>\n<p>An enhancement offense is an offense whose commission alone increases the penalties for the original crime. In California, if you are found guilty of real estate or\u00a0mortgage fraud, you could\u00a0be facing additional penalties if they are charged as felonies and if the loss to the victim is significant enough.<\/p>\n<ul>\n<li>If the loss to the victim was\u00a0more than 65,000, you could receive an additional year.<\/li>\n<\/ul>\n<ul>\n<li>If the loss to the victim was more than $200,000, you could receive an additional two years.<\/li>\n<\/ul>\n<ul>\n<li>If the loss to the victim was more\u00a0than $1,300,000, you could face an additional three years.<\/li>\n<\/ul>\n<ul>\n<li>If the loss to the victim was more than $3,200,000, you could face an additional four years.<\/li>\n<\/ul>\n<ul>\n<li>If convicted of two\u00a0or more related acts of real estate fraud, each charged as a felony, and the loss to the victim was\u00a0more $100,000, you could face an additional\u00a0one to five years in state prison.<\/li>\n<\/ul>\n<ul>\n<li>If you hold a California real estate broker&#8217;s license, a real estate or mortgage fraud conviction could lead to losing your license.<\/li>\n<\/ul>\n<h2>How can we prove you are not guilty of real estate fraud?<\/h2>\n<p>This is a very technical crime, and so the best advice is to find a skilled local criminal defense attorney to guide you through the processes. The basic plan is attack each element of the crime, for the prosecution must prove all of them beyond a reasonable doubt.<\/p>\n<p>Some common legal defenses to California real estate\u00a0fraud include:<\/p>\n<ul>\n<li>Lack of Intent to Defraud<\/li>\n<\/ul>\n<ul>\n<li>Valid Consent<\/li>\n<\/ul>\n<ul>\n<li>False Accusation<\/li>\n<\/ul>\n<h2>Your Best Defense against Real Estate Fraud Charges<\/h2>\n<p>There are different variations of real estate and mortgage fraud\u00a0cases but they all have one thing in common, they carry life changing penalties. If you are charged with a real estate fraud\u00a0offense or <a dir=\"ltr\" lang=\"en-US\" style=\"background-color: inherit; font-family: inherit; font-size: 1rem;\" href=\"https:\/\/www.monderlaw.com\/\/pratice-areas\/fraud\" target=\"_self\" rel=\"noopener noreferrer\" hreflang=\"en\">face charges for other types of fraud<\/a> or even <a dir=\"ltr\" lang=\"en-US\" style=\"background-color: inherit; font-family: inherit; font-size: 1rem;\" href=\"https:\/\/www.monderlaw.com\/\/pratice-areas\/fraud\/rico-racketeering\" target=\"_self\" rel=\"noopener noreferrer\" hreflang=\"en\">multiple racketeering charges<\/a>, contact an experienced criminal defense attorney immediately to make sure your case is resolved as quickly and smoothly as possible.\u00a0Attorney Vik Monder can build you a strong defense.<\/p>\n<h4>Contact San Diego Real Estate Fraud Criminal Defense Attorney Vik Monder for a FREE\u00a0consultation today at:\u00a0<a href=\"tel:619-405-0063\">619-405-0063<\/a><\/h4>\n","protected":false},"excerpt":{"rendered":"<p>Real Estate\u00a0Fraud in San Diego Fraud is\u00a0knowingly misrepresenting or concealing certain facts to\u00a0induce someone else to act in a way that is harmful to that person&#8217;s interests. Real estate fraud is theft by fraud committed in connection with a real estate transaction. California has criminalized theft and divided it into two degrees, grand theft and [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-267","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v26.1.1 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>San Diego Real Estate Fraud Criminal Attorney | Monder Criminal Lawyer Group<\/title>\n<meta name=\"description\" content=\"Fraud is knowingly misrepresenting or concealing certain facts to induce someone else to act in a way that is harmful to that person&#039;s interests. Real estate fraud is theft by fraud committed in connection with a real estate transaction. 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