Click to call 602-254-8880 24/7 CLICK HERE FOR FREE CONSULTATION

How to Determine Intent for Mortgage Fraud

Cash Back/Kickback Scheme

Determining intent for mortgage fraud is a pretty universal defense for all cases but here is one that we see the most;  the Cash Back/Kickback scheme.  In a “Cash Back” scheme, the investor offers to purchase a property for more than the asking price, with the intention to obtain a loan from a lender for the inflated price, pay the seller the true asking price, then keep the cash difference between the inflated price and the seller’s true asking price.  (This is essentially just like a kid asking his/her parents to borrow $50 for a $40 t-shirt, then keeping the $10 for him/herself).


The seller agrees to the sale because they are receiving their full asking price, unaware they may be committing a crime.  Often, a real estate agent is involved in the transaction who is also is also unaware that the selling price has been inflated.

Then there is another player in the scheme called a “straw buyer.”  This person is used to facilitate the Cash Back scheme.  A straw buyer is someone recruited by the investor to take out a mortgage and purchase a house in their own name.  The straw buyer would not live in the house nor be responsible for the mortgage payments.  In return for their services, the straw buyer would be paid a fee.

How to Determine Intent

Obviously, any person rendering settlement services could be unwittingly pulled into a mortgage fraud scheme. In order to demonstrate the defense of actual innocence, the complete records of the transaction must be found and accounted for, and each individual participant’s involvement in the various aspects of this complicated transaction must be chronologically established to prove lack of any fraudulent intent.

If you need help with a situation like this or would like to see the possible defense for mortgage fraud, visit the Mortgage Fraud page and contact us immediately.


Leave A Reply

Click Here for Free Consultation
With a Fraud Lawyer
Comparison Questions to Ask
When Hiring a Lawyer

Request a Free Consultation

Fill out the form below to recieve a free and confidential intial consultation.

Click here for important legal disclaimer.


10.0 Superb Rating
AVVO Criminal Defense

AV-Highest Rated
Preeminent Lawyers


Nation's Top 1% Attorney
National Association of Distinguished Counsel

Super Lawyer
Criminal & DUI Defense

Top 100 Trial Lawyers
(Criminal Defense)

American Trial Lawyers Association

Life Member
National Association of Criminal Defense Lawyers

Client Satisfaction Award
American Institute of DUI / DWI Attorneys

Top 100 Lawyer
American Society of Legal Advocates

Top 10 DUI/DWI Law Firm
American Institute of DUI / DWI Attorneys

Founding Member
American Association of Premier DUI Lawyers

National College for DUI Defense

Top 10 Attorney
National Academy of Criminal Defense Attorneys

Charter Member
Trial Masters

Sustaining Member
Arizona's Finest Lawyers

DUI Defense Lawyers Association

Lifetime Charter Member
Best Attorneys of America

Fellow Member
American Bar Foundation

Sustaining Member
Arizona Trial Lawyers Association

American Association for Justice

Life Member
Arizona Attorneys for Criminal Justice

Top Valley Lawyer
North Valley Magazine

Superior DUI Attorney
National Advocacy for DUI Defense

Member Since 1989
American Bar Association

[contact-form-7 id="8118" title="Exit Intent"]