If you are facing charges of participation in a phantom Help fraud scheme in real estate, our law firm will do all in its power to help you. Phantom Help is also known as phony counseling is the most predominant types of Los Angeles real estate and mortgage scams today. A real estate and mortgage fraud/scam is any misrepresentation made about a particular portion of estate transaction.
These Phantoms Help scams are against the civil code. The current housing crisis in Los Angeles has given rise to the growth of this type of fraud.
Types of Phantom Help
They are three types of Phantom Help fraud.
The first category takes place when the foreclosure consultant or a mortgage modification specialists targets a certain homeowner facing foreclosure and upfront charges with an aim of stopping the foreclosure proceedings. By the time the owner realizes that nothing has been done, a lot of time has elapsed, and foreclosure is a looming certainty.
In the second Phantom help fraud, the individual markets a home pending foreclosure to an unsuspecting buyer. In most cases, the person buying is not aware how the insurance process work. The buyer then hands over the down payment to the seller and is handed an unrecorded deed giving him a defective title. Once that buyer moves into the house, he is evicted by a legitimate owner who buys the property from a bank.
The third Phantom Help fraud occurs when the consultant bars the unsuspecting buyer from making further communications with his attorney since he is handling the entire case. During this process, the consultant convinces the customer to deposit money directly into his account since he is acting appoint a liaison between him and the seller.
A variety of legal arguments exists for Phantom help cases. You will, however, need an experienced lawyer to assist you with the case. These defenses include but not limited to the following.
1. You had Consent
Our attorneys will help prove that you had the approval to delay the foreclosure process. In such a case, you will not be guilty of the crime if you did not get the consent by fraudulent ways.
2. You did not have Fraudulent Intent
Charging upfront fees complicates the case even more, as it is against Los Angeles foreclosure fraud laws. By law, you are only required to receive payment if once you have done the work and rendered the service. An acquittal will only be possible if our counsel proves that your efforts were not enough to delay the foreclosure process.
3. Plea Bargaining
Where your actions point to your guilt, our attorneys will argue a plea agreement to have your sentence reduced.
Penalties, Punishment, and Sentencing
Phantom Help fraud case will have two convictions either misdemeanor or felony. In the event of a felony, you will be slapped with a fine of not more than $10,000 or at least 16 months in prison or both. For a misdemeanor, a fine of a sum not exceeding $10,000 and or one year in jail.
Phantom, Help fraud case, is a serious offense punishable by law. Because of the gravity of the case, it is crucial that you speak with an experienced Los Angeles criminal defense lawyer immediately.
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