Illinois Plaintiff's Lawyer Personal Injury Blog- Legal News and Insights from Champaign Urbana Attorneys Koester & Bradley, LLP

Defenses to Mortgage Fraud in Illinois

2/26/2019

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One take away from the recent financial crisis is that BOTH borrowers and lenders are capable of fraud--which can put us all at risk.

 

Mortgage fraud in Illinois and across the country covers a wide range of crimes, all pertaining to funding for a home. While an individual may falsify information to get a mortgage that they otherwise might not be able to afford, professionals also can be guilty of mortgage fraud. Real estate professionals can flip houses and work with appraisers to increase their own profits. Mortgage professionals can give loans out, knowing that the people shouldn't be approved for a loan.

Because the crimes are so different, there are many defenses that come into play with mortgage fraud. Here are some common defenses that you and your lawyer may want to consider for your case.

  • False identity. Since many people steal other people's information in order to buy or sell a home, your lawyer may fight that you didn't know what was going on. Your identity could have been stolen or you might have been framed so there is no way that you knew about any illegal happenings that took place using your identity.
  • If someone else gets convicted because they stole your identity, they may also be accused of theft, along with mortgage fraud.  
  • Property owner gave consent. Since most mortgage fraud cases are performed by professionals, you might be able to fight that the owner of the property gave their consent and you had good faith intent.
  • The property owner might be held accountable for mortgage fraud, instead of you.
  • Entrapment. Entrapment is another commonly used defense. Your lawyer must have evidence showing that you wouldn't have committed mortgage fraud, unless you were forced to do so.

If you are looking at a case of mortgage fraud, you need an experienced lawyer to fight for you and your rights. A good lawyer will help you go through your options and potential defenses so together you can decide the best way to proceed. If you don't have a lawyer on your side, you are leaving your fate in someone else's hands. This can be a big mistake.

We are dedicated to protecting your money and identity. Don't hesitate to  contact us for any questions that you may have about identity and mortgage fraud.

By: Tom Koester, Partner, Koester & Bradley, LLP

Snowball Fights Are Legal! At Least in Parts of Colorado

2/11/2019

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According to the New York Times, snowball fights are now officially legal again in Severance, CO. 

 

Snowball fights have been a childhood pastime for as long as winter and children have existed. Apparently the exception, at least for the past century, has been the town of Severance in Colorado. Its law against throwing snowballs was incorporated in the town charter sometime in the 1920s for reasons that are unknown to history, according to the New York Times. The law has never been enforced, and no one knew what the penalty was for tossing a snowball at someone.

However, whether the law was enforced or not did not sit well with a nine year-old third grader named Dane Best. During a class trip to the Severance City Hall, the mayor of the community of 6,000 mentioned that some laws, such as the ban on snowball fights, are on the books for no discernible reason. Dane, understanding that the law had made him and just about every child in the town technically a criminal, decided to do something about it.

In due course, Dane presented his case at a recent meeting of the Severance Town Board, accompanied by 20 letters of support from his classmates and teacher and a PowerPoint presentation. Dane made the case that the law was outdated and that young children needed an incentive to abandon their computer games and go play outside, The Town Board, duly impressed by the young man's incisive legal logic, unanimously voted to make snowball fights legal for the first time.

As an award for his successful fight against City Hall, Dane Best was presented with a plaque and a gift certificate to buy a snowball machine. He was also presented with a snowball that had been preserved in a freezer, which he duly tossed into the air in triumph.

And who would be the target of Dane's very first legal snowball? Why his little brother, of course.

If you’ve been the victim of a car accident, Medical Malpractice, or you were hit with a snow ball with a rock in the middle, you’re probably entitled to more compensation than you think. Make sure to contact a law firm that has your best interests in mind, so that you’ll get the highest compensation possible.

By: Ryan Bradley, Partner, Koester & Bradley, LLP

Illinois Plaintiffs Lawyer Personal Injury Blog by Koester & Bradley, LLP 

Legal News and safety tips with Illinois Impact from the Accident and Personal Injury Firm Koester & Bradley, LLP

Authors

Ryan R Bradley is a personal injury and litigation lawyer based in Champaign County Illinois focused on representing injured clients and businesses navigate the maze of litigation to financial recovery.  


Tom Koester is a personal injury attorney based in Champaign County in Central Illinois focused on representing the injured and victims of Medical Malpractice and Personal Injuries.