Mortgage Fraud

"Cover of the Quick Facts handout"

Of the 66,662 cases reported to the Commission in fiscal year 2025, 47 involved mortgage fraud. Mortgage fraud offenses have decreased 19% since fiscal year 2021.1, 2

Click the cover for the PDF handout or learn more below. 

Individual and Offense Characteristics

 

 

  • 72% of individuals sentenced for mortgage fraud were men.
     
  • 45% were White, 26% were Hispanic, 21% were Black, and 9% were Other races.
     
  • Their average age was 50 years. 
     
  • 96% were United States citizens.
     
  • 89% had little or no prior criminal history (Criminal History Category I).
     
  • 55% received the adjustment at USSG §4C1.1 for zero criminal history points.
     
  • The median loss for these offenses was $849,584;3
    • 15% involved loss amounts of less than $250,000;
    • 9% involved loss amounts greater than $9,500,000.
       
  • Sentences were increased for:
    • the number of victims or the extent of harm to victims (26%);4
    • using sophisticated means to execute or conceal the offense (49%);
    • using an unauthorized means of identification (6%);
    • a leadership or supervisory role in the offense (15%);
    • abusing a public position of trust or using a special skill (15%);
    • obstructing or impeding the administration of justice (11%).
       
  • Sentences were decreased for:
    • minor or minimal participation in the offense (13%).
       
  • The top six districts for mortgage fraud offenses were:
    • Southern District of Texas (8);
    • District of New Jersey (7);
    • Northern District of Illinois (6);
    • District of Massachussetts (4);
    • Northern District of California (4);
    • Middle District of Florida (4).

 

Punishment

  • The average sentence length for individuals sentenced for mortgage fraud was 25 months. 
     
  • 79% were sentenced to prison. 
     
  • One individual was convicted of an offense carrying a mandatory minimum penalty; that individual was relieves of that penalty.5

 

Sentences Relative to the Guideline Range 

  • 57% of sentences for mortgage fraud were under the Guidelines Manual.
    • 21% were within the guideline range.
       
    • 34% were substantial assistance departures.
      • The average sentence reduction was 87%.
         
    • 2% were Early Disposition Program (EDP) departures.6 
       
  • 43% of sentences for mortgage fraud were variances.
    • 40% were downward variances.
      • The average sentence reduction was 52%.
         
    • 2% were upward variances.

 

 

 

 

  • The average guideline minimum and average sentence imposed have increased over the past five years.
    • The average guideline minimum increased from 29 months in fiscal year 2021 to 43 months in fiscal year 2025.
       
    • The average sentence imposed increased from 14 months in fiscal year 2021 to 25 months in fiscal year 2025.

1 Mortgage fraud includes cases where the offense conduct as described in the Presentence Report involved any misrepresentation intended to obtain a home loan, the application to multiple banks for a loan on a single property, foreclosure rescue scams, or reverse mortgage scams.

2 Cases with incomplete sentencing information were excluded from the analysis. 

3 The Loss Table was amended effective November 1, 2001 and November 1, 2015.

4 The Victims Table and Sophisticated Means adjustment were amended effective November 1, 2015.

The Commission does not report the average for categories with fewer than three cases.

“Early Disposition Program” (or EDP) departures are departures where the government sought a sentence below the guideline range because the defendant participated in the government’s Early Disposition Program, through which cases are resolved in an expedited manner. See USSG §5K3.1.

SOURCE: United States Sentencing Commission, FY 2021 through FY 2025 Datafiles, USSCFY21-USSCFY25.