Common Defences Against Mortgage Fraud in Ontario

Mortgage fraud occurs when there is any intentional misrepresentation or omission of information during a mortgage application or lending process to gain an unfair advantage. The severity of the penalties depends on the nature and value of the fraud. From criminal penalties and financial repercussions to reputational harm, mortgage fraud cases often hinge on complex details and evidence. Working with a skilled criminal defence lawyer on your side is essential to fight the charges and protect your future.

At Karrass Law, our legal representation will help you navigate the situation. Equipped with knowledge and experience, our trusted fraud lawyers and criminal defence team will fight to get you the best outcome possible in the face of mortgage fraud charges. 

For personal guidance, book a complimentary lawyer consultation with our Robert Karrass and the legal team at Karrass Law.

Is Mortgage Fraud a Crime?

In Ontario, mortgage fraud is treated as a criminal offence. If you are convicted, the penalties can be severe, including possible imprisonment, fines, restitution to lenders, and damage to your reputation. 

Penalties for Mortgage Fraud in Ontario

Under the Criminal Code of Canada, the penalties for fraud depend on the value involved in the alleged offence. To reduce your penalty or defend your innocence, work with our experienced fraud lawyers at Karrass Law.

Our skilled defence lawyers can help challenge the evidence and the facts of the case with zealous arguments and skilled defence strategies to potentially reduce or eliminate the penalties you face.

Here are some defences that leading fraud lawyers and criminal defence lawyers leverage in mortgage fraud cases.

Common Defences Against Mortgage Fraud

Mortgage fraud cases often come down to intent, evidence, and the specifics of the transaction. A strong defence strategy will depend on the unique circumstances of your case.

Lack of Intent

Intent is a critical element of any fraud charge. The prosecution must prove that you knowingly and deliberately provided false information to deceive lenders or gain a financial advantage.

Fraud lawyers may argue that any alleged misrepresentation was an honest mistake, such as an error in your application or a misunderstanding of the process. If the prosecution cannot prove intent beyond a reasonable doubt, the charges may not stand.

Insufficient Evidence

For a successful conviction, the prosecution must present solid and reliable evidence linking you to the fraudulent activity. If the evidence is incomplete, improperly obtained, or lacks credibility, it can be challenged in court.

A skilled defence lawyer at Karrass Law will carefully analyze the evidence, including documents, financial records, and testimony, to identify weaknesses in the prosecution’s case. Identifying and highlighting these weaknesses in the opposition’s case can lead to reduced charges or even an acquittal.

Duress or Coercion

If you were forced or pressured to participate in the alleged fraud, you may be able to claim 
duress as a defence. This involves demonstrating that you acted against your will due to threats or intimidation from another party.

By uncovering evidence of coercion, your lawyer can argue that you should not be held criminally responsible for actions taken under duress.

Lack of Knowledge

Mortgage fraud cases can involve complex transactions, and not everyone fully understands the details or implications of their actions. If you were unaware that the information you provided was false or misleading, your defence team may argue that you lacked the necessary knowledge to commit fraud intentionally.

Leveraging a defence that pleads ignorance can help demonstrate that you acted in good faith, even if mistakes were made in the process.

Following the Advice of a Professional

Many people rely on the expertise of real estate agents, brokers, or financial advisors when navigating the mortgage process. If you followed professional advice and were unaware that their guidance was misleading or incorrect, this may serve as a defence.

A criminal defence lawyer will highlight your reliance on professionals to show that you did not knowingly, intentionally, or maliciously engage in the fraudulent activity.

Why Legal Representation is Essential

Mortgage fraud cases are complex and carry significant consequences. Without proper legal guidance, you risk severe penalties, including imprisonment and a lasting criminal record. At Karrass Law, our experienced legal team provides clear legal advice and robust representation for individuals facing mortgage fraud charges.

Trust Our Karrass Law for Mortgage Fraud Defence Lawyers

At Karrass Law, Robert Karrass and our team of skilled legal experts work diligently to evaluate evidence, analyze the case against you, and build tailored defence strategies that are robust and effective. Our focus is on protecting your rights, minimizing the impact of the charges, and achieving the best possible outcome for your case without judgment. 

Book a Legal Consultation.