Skip to main content

Occupancy and mortgage Fraud. I am a plaintiff in civil litigation with a defendant. They committed fraud and stole money in a

Los Angeles, CA |

real estate transaction. While doing research, and incidentally, I discovered that their rental property has numerous mortgages pulled on it, one year after the next including cash out and HELOC's. Nothing wrong on the face of it, but all of the loans are owner occupied financing (I pulled the imaged deeds of trust from title). They pay the payments on time, or so I believe, but the fact remains that all of the loans were financed under the guise of owner occupancy attestation to the lender, all while the borrower lived at another home and rented out the subject property. This is occupancy and loan fraud, is it not? Do i file a police report or send it to the FBI regional office?

Attorney Answers 3

Posted

Neither. Send it to the lender.

Nothing herein is intended to create an attorney client relationship and the response is intended to provide generally a broad response to the area posed by the question. Each question is governed by unique facts and no answer provided is intended to specifically answer the question, but is a general overview of the area of law contained in the question.

Mark as helpful

3 lawyers agree

Posted

If related to instant litigation you use evidence to impeach or discredit witness or testimony depending on issue and strategy. If not the subject matter I the instant litigation then depending on the facts you need o consult with litigation / real estate attorney to review each instant specifically including chain if title.

What if at the time mortgage applied for the borrower intended to Use as primary and later changed circumstance caused the borrower to rent out. So facts needs to be investigated.

Beat of luck.

In addition to AVVO's disclaimer, please note that by this answer no attorney client relationship is intended mor entered into and unless there is a signed retainer agreement in place, neither me nor anyone in our office has intended to solicit clients nor reprints them. The answers are general in nature and without weighing specifics of particular query. No answer should be relied on in whole or in part, directly or otherwise to act or not to act in pursue of any of your potential claims in law or equity. You should consult with and obtain advise or representation of an attorney to protect your rights regarding your case or matter.

Mark as helpful

1 lawyer agrees

Posted

Everything u say can substantiate criminal acts and violations of federal laws.
Gathering of strong evidence , not just suspicions are the prime element that prompts agencies to investigate. Those investigations take time except if you hire private fraud investigators and attorneys to assist u.

Disclaimer:Attorney and Fraud Examiner.One of few that are Certified Fraud Examiners (CFE). The information contained in this website is provided for informational purposes only, and should not be construed as a legal advice on any subject. No recipients of content from this site,clients or otherwise,should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. The Karamanlis Powers Law Offices expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this website, weblogs, twitter, facebook, google+. *the certification is not a specialty recognized by the California State Bar.

Mark as helpful

1 lawyer agrees

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics