Friday, May 02, 2008

Missouri Mortgage Fraud Statute

It appears that our colleagues in the Show Me state are about to make mortgage fraud a C felony offense. All that is required is the governor's signature. Here's the important language.

570.310. 1. It is unlawful for a person, in connection with the application for or procurement of a loan secured by real estate, to willfully:
(1) Employ a device, scheme, or artifice to defraud;
(2) Make an untrue statement of a material fact or to omit to state a material fact necessary in order to make the statement made, in light of the circumstances under which it is made, not misleading; or
(3) Receive any portion of the purchase, sale, or loan proceeds, or any other consideration paid or generated in connection with a real estate closing that such person knew involved a violation of this section;
(4) Influence, through extortion or bribery, the development, reporting, result or review of a real estate appraisal, except that this subsection does not prohibit a mortgage lender, mortgage broker, mortgage banker, real estate licensee or other person from asking the appraiser to do one or more of the following:
(a) Consider additional property information;
(b) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or
(c) Correct errors in the appraisal report in compliance with the Uniform Standards of Professional Appraisal Practice.
2. Such acts shall be deemed to constitute mortgage fraud.
3. Mortgage fraud is a class C felony.
4. Each transaction in violation of this section shall constitute a separate offense.


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