Real estate transactions are a minefield of disagreement. This is why sellers often request earnest money when a prospective buyer intends to buy a property by financing it with a mortgage and why real estate lawyers encourage prospective buyers to sign earnest money contracts outlining the many scenarios that would entitle each party to keep the earnest money if the deal fails to materialize; the chances of the deal failing to materialize are simply too high.
So much of disclosing the condition of a real estate property or of disclosing your means to buy it is guesswork. Furthermore, quiet title actions only exist because not being sure whether the person you are buying a real estate property from legally owns it is a common enough problem. Things are not what they seem in real estate transactions. There is a difference between the inevitable miasma of unrealistic and unrealized expectations in real estate purchases, on the one hand, and outright fraud, on the other. If the state accuses you of the latter, you may be able to convince them that your actions were business as usual when it comes to buying or selling real estate properties.
If you are being accused of falsifying the deed to a real estate property, contact a Texas white-collar crime lawyer.
Ambiguity in Real Estate Documents Is More Common Than You Think
A pastor in Texas was convicted of real estate deed fraud. His congregation did not have its own church building, so he held services at various other churches in the area. He later registered his church as the owner of three church buildings, but prosecutors alleged that the deeds he presented to the court were fraudulent. During the pastor’s trial, prosecutors showed the jury a document that purported to be issued by the pastor of one of the other churches, transferring ownership of the church building to the defendant. In May 2024, the jury voted to convict the defendant of theft of property with a value in excess of $300,000, but the defendant later stated his intention to appeal his conviction.
Penalties for Real Estate Deed Fraud in Texas
The criminal charge of real estate fraud encompasses a variety of activities that involve making false statements for financial gain and which relate to real estate properties. This can include advertising rental properties for rent when you do not own them and are not authorized to rent them out. It can also include lying on an application for a home mortgage loan or making false statements to distressed mortgage borrowers by falsely claiming that, if they pay for your services, you can help them avoid mortgage foreclosure. Real estate fraud is a first- or second-degree felony, depending on whether the amount of money lost was more or less than $300,000.
Contact the Law Office of Patrick J. McLain, PLLC About Criminal Defense Cases
A Dallas criminal defense lawyer can help you avoid a conviction if you are facing charges of real estate fraud. Contact the Law Office of Patrick J. McLain, PLLC, in Dallas, Texas, to discuss your case.