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Offense

Mortgage Fraud

Fraud, Deception and Corruption Offenses

The intentional misrepresentation or omission of material information on a mortgage loan application or in a related real estate transaction, in order to obtain mortgage financing, a higher loan amount, or more favorable loan terms than the applicant or property would otherwise qualify for, or to extract equity from a property through a fraudulent transaction. Common documented schemes include income or asset fraud by a borrower, an inflated property appraisal obtained in collusion with a complicit appraiser, straw buyer schemes in which a person with good credit is paid to apply for a loan on behalf of the true, undisclosed beneficiary, and occupancy fraud, in which a borrower falsely claims an investment property as their primary residence to obtain a lower interest rate; the United States Federal Bureau of Investigation has documented mortgage fraud as a significant contributor to the wider financial losses associated with the 2007 to 2008 subprime mortgage crisis.

Facts
Classification Code
Frequently prosecuted federally as bank fraud under 18 U.S.C. Section 1344 1
Typical Penalty
A fine of not more than 1,000,000 dollars or imprisonment of not more than 30 years, or both, under the federal bank fraud statute 1
Elements of Offense
An intentional misstatement, misrepresentation, or omission of information relied upon by an underwriter or lender to fund, purchase, or insure a loan secured by real property 2
Notable Example
Between March and June 2008, the FBI's nationwide Operation Malicious Mortgage sting resulted in 406 arrests for mortgage fraud 2
Classification
Offense Grade
Serious or Indictable Offense 1
Connections

Has Offense Grade

Entity-backed identity for the offense-grade enum value this offense already carries, resolved to a crime concept by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The offense-grade fact itself stays on the offense unchanged.

Sources
1. Bank fraud (Wikipedia)
  • 18 U.S.C. 1344 statute text
    Whoever knowingly executes, or attempts to execute, a scheme or artifice, (1) to defraud a financial institution, or (2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises
  • 18 U.S.C. 1344 penalties clause
    shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
View the Source
2. Mortgage fraud (Wikipedia)
  • Definition section
    an intentional misstatement, misrepresentation, or omission of information relied upon by an underwriter or lender to fund, purchase, or insure a loan secured by real property.
  • Penalties and Notable Statistics section
    406 people were arrested for mortgage fraud in an FBI sting across the country
View the Source
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