Section 187.00. Definitions  


Latest version.
  • As used in this article:
        1.  "Person"  means any individual or entity, other than an individual
      who applies for a residential mortgage loan and intends to  occupy  such
      residential property which such mortgage secures unless such person acts
      as  an  accessory  to  an  individual  or entity in committing any crime
      defined in this article.
        2. "Residential mortgage loan" means a loan  or  agreement  to  extend
      credit, including the renewal or refinancing of any such loan, made to a
      person,  which  loan  is  primarily  secured by either mortgage, deed of
      trust, or other lien upon any interest in residential real  property  or
      certificate  of stock or other evidence of ownership in a corporation or
      partnership  formed  for  the  purpose  of  cooperative   ownership   of
      residential real property.
        3.  "Residential  real  property"  means  real  property improved by a
      one-to-four family  dwelling,  or  a  residential  unit  in  a  building
      including units owned as condominiums or on a cooperative basis, used or
      occupied,  or  intended to be used or occupied, wholly or partly, as the
      home or residence of one  or  more  persons,  but  shall  not  refer  to
      unimproved   real   property   upon  which  such  dwellings  are  to  be
      constructed.
        4. "Residential mortgage  fraud"  is  committed  by  any  person  who,
      knowingly  and with intent to defraud, presents, causes to be presented,
      or prepares with knowledge or belief that it will be used in  soliciting
      an  applicant  for  a residential mortgage loan, or in applying for, the
      underwriting of, or closing  of  a  residential  mortgage  loan,  or  in
      documents  filed  with a county clerk of any county in the state arising
      out of and related to the closing of a residential  mortgage  loan,  any
      written statement which he or she knows to:
        (a)  contain materially false information concerning any fact material
      thereto; or
        (b) conceal, for the purpose of misleading, information concerning any
      fact material thereto.