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Nick Lotito & Seth Kirschenbaum Nick Lotito & Seth Kirschenbaum
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Real Estate Mortgage Fraud

Atlanta Real Estate Fraud Attorneys

Defending Those Accused of Real Estate & Mortgage Fraud

In recent years, state and federal prosecutors have expanded the prosecution of real estate and mortgage fraud. Thus, there is even greater scrutiny of the conduct of real estate agents, closing attorneys, appraisers, mortgage brokers, loan officials, straw buyers, and sellers.

At the law offices of attorneys Seth Kirschenbaum and Nick Lotito, we have represented individuals with different roles in real estate transactions, including:

  • Real Estate Agents
  • Closing Attorneys
  • Appraisers
  • Mortgage Brokers
  • Loan Officials
  • Straw Buyers & Sellers

In some cases, these individuals were unaware they had become involved in a fraudulent transaction, and we helped them avoid prosecution. In some cases, we have had indictments dismissed and, in others, we have helped individuals avoid convictions and jail sentences. As former federal prosecutors, we understand how investigations are conducted and what needs to be done to develop a thorough defense that challenges the assumptions of prosecutors in mortgage fraud cases. Regardless of whether you are currently under investigation or have already been arrested, we can help.

To schedule a confidential consultation to discuss your case, contact the dedicated mortgage fraud lawyers at our firm today. Call (404) 471-3177.

Allegations of Real Estate & Mortgage Fraud

We defend clients accused of real estate or mortgage fraud involving:

  • House Flipping
  • Acting as a Straw Buyer
  • Fraudulent Appraisals
  • Fraudulent Representations on Mortgage Loan Applications
  • Other Fraudulent Conduct in Real Estate Transactions

Fraudulent Information: How Mortgage Fraud Begins

In mortgage fraud cases, a key issue often involves determining who is responsible for misinformation on a bank loan application. There are numerous misrepresentations that are typically made, including:

  • Job & Salary Information
  • Source of Down Payment Monies
  • The Amount of Assets the Buyer Actually Has
  • Whether The Buyer Intends to Live in the Home
  • Who the Real Buyer-In-Interest Is

Sometimes, the issue is whether there is a fraudulent appraisal, or if a house is being "flipped," whether it was bought and sold in a series of fraudulent transactions. In representing our clients, we look at all aspects of the transactions to find ways to develop viable defenses. In certain cases, we have been able to demonstrate that our clients have been victims of fraud, not its perpetrator.

House Flipping, Straw Buyers & Mortgage Fraud

Often, people with good credit will be offered the opportunity to have their credit used to buy real estate in their names, which is then either rented out or quickly resold or "flipped." If fraud is later discovered, these "straw buyers" can find themselves ensnared in a criminal prosecution. We have represented many straw buyers in cases where they were paid relatively small amounts of money and ended up being investigated, in addition to having their credit ruined. Under these circumstances, we have often been successful in avoiding prosecution for straw buyers or successfully resolving their cases.

Defending People Accused of Real Estate & Mortgage Fraud

We have experience defending persons in real estate mortgage fraud cases and investigations. We work hard to tell our clients' stories and explore every alternative to lengthy prison sentences, expensive fines, and, in some cases, avoiding prosecution altogether. To learn how we can help you, contact real estate and mortgage fraud lawyers Seth Kirschenbaum and Nicholas Lotito today at (404) 471-3177.

Client Testimonials

    “From the beginning, Nick was kind, thoughtful, and caring.”
    “If you need a lawyer who will represent you and your best interest, will listen to you, empathize with your situation, and carefully execute a game plan based on the situation. Nick Lotito will be the best choice if your life is dependent on it.”
    - Mark M.
    “I would recommend Seth without hesitation.”
    “I would recommend Seth without hesitation.”
    - James
    “Nick defended me with dedication, caring, and skillfulness - I will be eternally grateful”
    Thank You Nick, For Justice! The state of Georgia indicted me on two counts of Racketeering that I did not commit. Nick defended me with dedication, caring, and skillfulness in interacting with all parties involved. Against almost insurmountable odds, he was able to get my case dismissed. I will be eternally grateful for all he has done for me. I consider him a superb criminal defense attorney and also call him my friend!
    - Harley
    “Mr. Lotito truly went above and beyond every step of the way.”
    Nick Lotito recently represented one of my close family members in a vehicular homicide case. He helped our family navigate through this incredibly traumatic experience with grace and compassion. He was organized, well prepared, and thorough. And always responded to our emails and phone calls immediately. Mr. Lotito truly went above and beyond every step of the way. Highly, highly recommended!
    - Perri Eichenlaub
    “very impressed”
    Good and Knowledgeable I was in a bad situation at one point in my life, the Federal Government brought criminal action against me and I knew i had to be accountable for my action. I was looking for a good lawyer who specialized in criminal lawyer, one who has professional experience in a court room and could give me a good advice on what I needed to do. I interviewed three lawyers and someone told me about Nicholas Lotito, so I meet with him and we talked for hours, I was very impressed with his honesty, I was convinced and had no doubts or uncertainty that he was the person I needed to represent me. At the end of the trial everything worked out good. So thank you Mr. Lotito for the good work you did.
    - Abe
    “You will be in good hands.”
    “Highest Praise I chose Nick after interviewing many criminal lawyers. It was the best decision I could have made.”
    - Peter

Our Results

When Experience Produces Results

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • ACQUITTED Aggravated Assault
  • VACATED Aggravated Assault & Battery
  • REDUCED CHARGES Armed Robbery Conviction
  • DISMISSED Chop Shop & Possession of Vehicles w/ Altered Vin
  • ACQUITTED Conspiracy to Distribute
  • AV Preeminent
  • Super Lawyers
  • AVVO 10.0
  • Atlanta Bar
  • Georgia Bar
  • ABA
The Right Defense Team Matters Why Choose Nick Lotito & Seth Kirschenbaum