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It is a fraud committed by a landlord by incorporating conditions fraudulently to harass his/her tenants in order to induce willing abandonment of a rental contract. Landlords use such strategies to avoid legal expenses which are quite costly and potential legality related to the process of eviction. Even some times, the landlord knows that the person signing is not the person that is on the lease document, this would be grounds for a lawsuit over a type of real estate fraud. This article answers some of the frequently asked questions on such frauds and laws governing them. Can a tenant also be punished if he/she helps the landlord in committing a mortgage fraud?
The severity and involvement of the tenant’s action in the matter will determine whether to charge the tenant for a crime or not. But there are provisions which can prosecute the tenant as an accomplice. Mortgage fraud can attract punishments including jail time, probation, fines and fees, restitution, as well as forfeiture of property and even some cases, it depends on the value of the mortgaged property. What will happen if a landlord cashed a check which was not signed by the tenant?
You would have to prove that the signature on the check was not yours. If you prove this, the landlord who presented the check for clearing will be held liable for this and might be charged for forgery. You should retain the services of a criminal lawyer who could represent your case in court. To ascertain the veracity and authenticity of the signature, the court will have to summon a handwriting expert. Is it considered a mortgage fraud if a landlord wants the utilities to be kept in his/her name for three months?
In most cases such act of a landlord is not considered as a mortgage fraud as many landlords keep utilities in their name, especially if they are trying to get a second mortgage or trying to qualify for a loan modification. Is it legal if a tenant in Michigan has signed on a handwritten notice ‘to quit termination of tenancy’ if he/she fails to pay the rent and other dues with a notice period of 30 days?
A landlord in Michigan can issue a notice of 7 days for unpaid rent. If the agreement says that you should pay the rent every 30 days, then the landlord should give you at least 30 days notice period asking you to terminate the tenancy for anything other than the unpaid rent. Also, if you damage the property, the landlord can serve you a 7 days notice for violation of the lease agreement terms. With the absence of a proper signed lease, you are considered as a month to month tenant and the landlord need not give you a 7 days' notice in the event of not signing the lease. Since you have been paying the rent on time, you can let the landlord know about your legal rights counter-suing under a claim of retaliation for not following the proper rules and regulation regarding cancellation of the tenancy. If you have any doubts regarding the law, it is always advisable to ask a criminal lawyer to help you on this.
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Mortgage fraud, real estate fraud, landlord fraud,
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