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This page was written, edited, reviewed & approved by Karren Kenney following our comprehensive editorial guidelines Karren Kenney, the Founding Partner, has 30+ years of legal experience as a criminal defense attorney.
When applying for a mortgage, many people feel pressure to present themselves as the “perfect borrower.” Some might be tempted to exaggerate their income, misstate employment information, or omit debts to qualify for a better loan. But what many don’t realize is that lying on a mortgage application is a federal crime. Even small misrepresentations can trigger serious charges such as bank fraud or making false statements to a financial institution, both punishable by years in federal prison.
This article explains how mortgage fraud is prosecuted under federal law, what actions can lead to charges, and what to do if you are under investigation or facing allegations of mortgage-related bank fraud.
Mortgage fraud occurs when someone intentionally provides false or misleading information to a lender in order to obtain a mortgage loan or better loan terms. The fraud can be committed by borrowers, loan officers, real estate agents, or even appraisers. However, borrowers are often surprised to learn that simply lying on their own mortgage application can expose them to felony charges.
Under 18 U.S.C. § 1344, bank fraud involves any scheme to defraud a federally insured financial institution or to obtain money or property by means of false pretenses, representations, or promises. Because almost every mortgage loan involves a federally insured bank, this statute gives the federal government broad power to prosecute mortgage-related deception.
Other federal laws that commonly apply to mortgage fraud include:
18 U.S.C. § 1014 – making false statements to a federally insured bank
18 U.S.C. § 371 – conspiracy to commit fraud
18 U.S.C. § 1349 – attempt or conspiracy to commit bank fraud
18 U.S.C. § 1956 – money laundering (in larger fraud schemes)
Even one false entry on a loan document can trigger these statutes if it was made knowingly and with intent to influence a bank’s decision.
Mortgage applications (Uniform Residential Loan Applications, or “1003 forms”) ask for detailed information about income, employment, assets, and liabilities. Common misrepresentations that can lead to federal scrutiny include:
Inflating income – claiming a higher salary or listing fake side businesses to appear more creditworthy.
Falsifying employment – listing an employer that doesn’t exist or claiming a longer job history than reality.
Omitting debts – leaving out student loans, car payments, or other financial obligations.
Misrepresenting occupancy – claiming the home will be a primary residence when it is actually an investment property or rental.
Providing fake documentation – submitting fabricated W-2s, pay stubs, or tax returns.
Straw buyer schemes – applying for a loan on behalf of another person who cannot qualify.
Even if the borrower repays the loan on time, the initial false statements can still constitute a federal crime. The government doesn’t have to show that the bank lost money—only that the false statements were material and made with intent to deceive.
Federal investigators from agencies like the FBI, HUD Office of Inspector General, and the Federal Housing Finance Agency (FHFA) regularly review mortgage files, especially when defaults or foreclosures occur. If a borrower’s financial documents appear inconsistent or falsified, the case may be referred to the U.S. Attorney’s Office for prosecution.
Typically, the process unfolds as follows:
Because these investigations rely heavily on paper trails, they often result in strong documentary evidence against the defendant. That’s why anyone contacted by federal investigators should immediately consult an experienced federal criminal defense attorney before speaking to agents.
The penalties for lying on a mortgage application can be devastating. Under 18 U.S.C. § 1344, bank fraud carries:
Up to 30 years in federal prison
Fines of up to $1,000,000 per count
Mandatory restitution to the lender
Forfeiture of property obtained through the fraud
For false statement charges under 18 U.S.C. § 1014, the penalties are nearly as severe:
Up to 30 years in prison
Fines up to $1,000,000
Federal felony record affecting future employment and housing
If the alleged fraud involved multiple properties or co-conspirators, prosecutors may also pursue wire fraud, mail fraud, or money laundering counts—each carrying additional penalties. Even if a case doesn’t result in prison time, a conviction for bank fraud can ruin a person’s career, credit, and ability to obtain future loans.
Not every mistake on a mortgage application is a crime. To convict someone of bank fraud, prosecutors must prove the person knowingly and intentionally made false statements with the purpose of influencing the lender.
For example, if a borrower misunderstands how to report self-employment income or omits an account by accident, that typically does not rise to the level of criminal fraud. However, submitting doctored pay stubs, inflated income, or fake W-2s almost always demonstrates intent to deceive.
An experienced federal criminal defense attorney can help distinguish between an honest error and conduct that prosecutors view as fraudulent.
Defending against a federal mortgage fraud indictment requires a detailed analysis of financial documents, loan applications, and the defendant’s intent. Common defenses include:
Lack of intent to defraud – showing that the alleged false statement was a misunderstanding, mistake, or clerical error.
Reliance on professionals – proving that the borrower relied on loan officers, accountants, or realtors who prepared documents incorrectly.
Insufficient evidence – challenging whether the false information was material or whether the bank actually relied on it.
Violation of constitutional rights – arguing that agents obtained evidence through unlawful searches or improper questioning.
Because these cases often involve voluminous records, forensic accountants and financial experts are frequently used to trace money flow and clarify whether an actual fraud occurred.
If you’ve been contacted by federal agents or received a target letter related to your mortgage loan, you should not speak with investigators without legal counsel. Statements you make—even casually—can later be used to build a case against you.
Immediately consult with a federal defense attorney who understands both the financial and legal aspects of mortgage fraud. Your lawyer can:
Early legal intervention can sometimes prevent an indictment or limit exposure to severe penalties.
Lying on a mortgage application may seem like a harmless shortcut to homeownership, but it can have life-altering consequences. Federal authorities treat mortgage misrepresentations as serious crimes, and even a small lie can result in bank fraud charges punishable by decades in prison.
If you’re being investigated for mortgage fraud or have concerns about statements made in your loan application, contact Kenney Legal Defense. Attorney Karren Kenney has extensive experience defending clients in complex federal fraud cases across California. She can help you understand your rights, assess the government’s evidence, and fight to protect your freedom and future.
