
For criminal charges, there needs to be evidence of intentionally doing it. If she did it by a true mistake, it’s only civil penalties she could face. However, the loan was through Fannie Mae, which is a government-sponsored entity, which is why she’s facing federal charges. Think of it like robbing a random person on the street vs a postal worker on the job. Same concept but it’s a federal crime to rob a postal worker on the job.
Because sending a one off email only saying “This will be a primary residence” is something that her attorney would have already known. That’s part of the mortgage loan process. Very odd to send that one line. She knows how things are prosecuted and did that to have an alibi in the event that this happened so she would hopefully not face criminal charges.