Mortgage Fraud Criminal Defense Attorneys in Los Angeles

California real estate fraud. Perhaps this is because pending foreclosures are public record, meaning anyone can easily obtain this information and use it to take advantage of desperate homeowners.

Progresso Legal Group P.C. has professional attorneys who can provide you with the best advice or representation for your case. Call us; the consultation is FREE!

Civil Code 2945 and 2945.4 make it a crime for a foreclosure consultant—meaning a person who requests or represents a fee to assist in stopping or postponing a foreclosure sale—to engage in any of the following practices:

• Collecting or even charging a fee before performing each and every service they agreed to perform on behalf of the homeowner.
• Charging or collecting excessive fees for services.
• Taking a lien on the property, requiring any other value as security for compensation, or taking any interest in the property (e.g., purchasing the homeowner’s property so they can “appear to lease it back”).
• Taking money or property from a third party in connection with services the consultant has agreed to perform for the homeowner without fully disclosing the third party’s involvement to the homeowner.
• Holding a power of attorney for homeowners (a “power of attorney” is a document that authorizes someone to act on behalf of another person in a legal or business matter).
• Inducing or attempting to induce the homeowner to sign an illegal contract (i.e., one that does not comply with all legal requirements and provisions).

In fact, the problem became so widespread that in July 2009, California Attorney General Jerry Brown required all foreclosure consultants not only to register their personal information with the Attorney General’s office but also to post a $100,000 bond with the office. This bond would ensure that consultants who violate California foreclosure laws could at least compensate victims.

Failure to register and/or post the bond could trigger criminal penalties of up to one year in jail and up to $25,000 in fines for each violation.

California Civil Code 2945.4 is what is known as a “wobbler.” A “wobbler” is a crime that prosecutors can charge either as a felony or a misdemeanor, depending on the facts of the case and the defendant’s criminal history.

If convicted of this offense as a felony, you face:

• 16 months, or two or three years in county jail and a maximum fine of $10,000.
• If convicted of this offense as a misdemeanor, you face:
• The same fine and a maximum of one year in county jail. In addition to the fines and jail time listed above, a conviction for foreclosure fraud subjects you to:
• An additional consecutive four years if the homeowner or tenant was deprived of more than $65,000.
• An additional consecutive five years in state prison and either a maximum $500,000 fine or double the amount of the fraud, whichever is greater.
• If the homeowner or tenant was deprived of more than $100,000 and the defendant was convicted of two or more counts of fraud in the same criminal proceeding (*this penalty may even be imposed on top of the additional one to four years added in the just punishment referred to above).

Paying restitution to victims and professional discipline if you have a professional license in California, such as a real estate license, mortgage broker license, or attorney license (even a conviction for a crime of moral turpitude like fraud could affect your professional license).

If you or a loved one is charged with Civil Code 2945 and 2945.4 foreclosure fraud and you are looking to hire an attorney for representation, we invite you to visit us at our POGRESO LEGAL offices or call us at 1 (800) 651-1227, 1 (818) 651-1227.