Nevada "Mortgage Fraud" Law (NRS 205.372)

Las Vegas Criminal Defense Attorneys

The Nevada crime of mortgage lending fraud can be punished just as harshly as violent offenses and drug offenses. And in addition to carrying high fines and lengthy prison sentences, a mortgage fraud conviction will mar your criminal record for years and may cause prospective employers to not hire you for a job.

If you've been arrested for mortgage fraud in Nevada, call our Las Vegas criminal defense lawyers at 702-DEFENSE (702-333-3673) for help. Depending on your case, we may be able to persuade the Nevada Attorney General to reduce or even dismiss your charges and avoid trial altogether.

Legal definition of "mortgage fraud" in Nevada

The legal definition of mortgage fraud in Las Vegas, Nevada, is when "a person, with intent to defraud a participant in a mortgage lending transaction:

• Knowingly makes a false statement or misrepresentation concerning a material fact or deliberately conceals or fails to disclose a material fact;



• Knowingly uses or facilitates the use of a false statement or misrepresentation made by another person concerning a material fact or deliberately uses or facilitates the use of another person's concealment or failure to disclose a material fact;



• Receives any proceeds or any other money in connection with a mortgage lending transaction that the person knows resulted from a mortgage fraud violation;



• Conspires with another person to commit mortgage fraud; or



• Files or causes to be filed with a county recorder any document that the person knows to include a misstatement, misrepresentation or omission concerning a material fact."

Note that each fraudulent mortgage lending transaction constitutes a separate violation in Las Vegas. This means one person can potentially be charged with several counts of mortgage fraud concerning the same property and with the same lender or borrower.

Intent

It's important to remember that mortgage fraud is an "intent" crime in Nevada, which means you may not be found guilty of it unless you had intent to defraud. This can be a difficult element for the state to prove beyond a reasonable doubt, and depending on the facts in the case your attorney may be able to convince the prosecutors that their evidence is too weak for them to pursue it.

Federal crime

Mortgage fraud is a federal crime as well as a state crime in Nevada. Depending on the case, prosecutors may choose to bring charges in federal court rather than state court. (18 U.S. 1344)

Penalties

Violating Las Vegas mortgage fraud law is a category C felony in Nevada. The standard sentence for each conviction includes:

• 1 to 10 years, and/or



• up to $10,000

But if the prosecutor suspects you've engaged in or have conspired to engage in "a pattern" of mortgage lending fraud, it's punished more seriously as a category B felony in Nevada. The standard sentence includes:

• 3 to 20 years, and/or



• up to $50,000

Call is if you're facing charges . . . .

Have you been accused of violating Nevada mortgage fraud law (NRS 205.372)? Call our Las Vegas criminal defense lawyers at 702-DEFENSE (702-333-3673) for a free consultation to discuss your options and how we can help.

Go back to our main page on Nevada fraud crimes.

For information on California mortgage fraud law, go to our page on California mortgage fraud law.

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