Legal Question in Real Estate Law in California

Mortgage Fraud

The mortgage broker where I submit my clients loans has commited fraud on one of my applications that neither I or my client was aware of. The broker falsified some conditions that were asked for by a lender. Now the lender had an outside audit done on that file and discovered the fraud. My client received a letter from his lender that they want to foreclose on his property due to fraud. Who do we contact to file a complaint or charges against this broker?


Asked on 8/01/05, 4:10 pm

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Mortgage Fraud

You should hire an attorney to take aggressive action. You may also want to contact the department of Real Estate: http://www.dre.ca.gov/ other information can be garnered here: http://www.cambweb.org/consumer/ or here: http://www.corp.ca.gov/pub/mb.htm

JOEL SELIK Attorney at Law

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Answered on 8/01/05, 4:30 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Mortgage Fraud

You have two courses of action available; I'd take both at the same time. One is to pursue the matter through the licensing agency, either the Dep't. of Real Estate or Dep't. of Corporations. The license number should be prominent in the broker's advertising. Note that the DRE has a fraud victims' restitution fund; when all else fails, your client may be eligible for up to $25,000 of loss reimbursement from this fund.

I would also pursue the matter through private legal action, primarily to establish a claim or get a judgment against the broker as soon as possible, but also to try to maintain some leverage against the foreclosing lender on behalf of the victim.

You or your client will need representation by a sharp real estate lawyer to get very far with either of these approaches. I would get started now to catch the crook before he fades into the woodwork and before the foreclosure progresses.

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Answered on 8/01/05, 4:52 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Mortgage Fraud

You may contact me. Claim for indemnification. Can do.

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Answered on 8/01/05, 5:46 pm


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