What is mortgage fraud under Arkansas law?

On Behalf of | Jun 20, 2023 | White Collar Crimes |

When it comes to buying a home in Arkansas, navigating the complexities of the mortgage process can often feel overwhelming. One aspect that prospective homebuyers should understand is the concept of mortgage fraud.

Mortgage fraud is a serious offense under Arkansas law, and both buyers and lenders can face severe penalties if they engage in it.

Defining mortgage fraud

Under Arkansas law, mortgage fraud involves any act of intentional misrepresentation, deception or omission during the mortgage lending process. These actions are often carried out with the intention of obtaining a more favorable loan than would otherwise be available.

Examples of mortgage fraud

One of the most common forms of mortgage fraud involves falsifying information on a loan application. This might include exaggerating income, hiding debt or even using a false identity.

Another example involves fraudulent property appraisals. This can happen when an appraiser intentionally inflates the value of a property to secure a larger loan. In some cases, this can be part of a ‘flipping’ scheme where a person buys property, increases its value artificially and then quickly sells it for a substantial profit.

These two examples are just a few of several mortgage and home-related scams one should remain wary of.

Penalties for mortgage fraud

The penalties for mortgage fraud in Arkansas can be severe. If convicted, you could face fines, imprisonment or both. The exact penalties depend on the specific circumstances of the case, including the amount of money involved and whether the fraud is part of an ongoing pattern of criminal activity.

Arkansas law also allows victims of mortgage fraud to bring a civil lawsuit against the person or entity that committed the fraud. This can allow the victim to recover damages, potentially including the amount of the loan, interest and any additional costs they incurred.

When involved in the mortgage process, it is crucial to provide accurate and honest information at all stages to remain on the right side of the law.