2022 Georgia Code
Title 16 - Crimes and Offenses
Chapter 8 - Offenses Involving Theft
Article 5 - Residential Mortgage Fraud
§ 16-8-102. Residential Mortgage Fraud

A person commits the offense of residential mortgage fraud when, with the intent to defraud, such person:

1. Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process;
2. Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process;
3. Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph (1) or (2) of this Code section;
4. Conspires to violate any of the provisions of paragraph (1), (2), or (3) of this Code section; or
5. Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission.

   An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process nor upon truthful information contained in documents filed with the official registrar of deeds of any county of this state for the stated purpose of correcting scrivener’s errors, mistakes, inadvertent misstatements, or omissions contained in previously filed documents.

History. Code 1981, § 16-8-102 , enacted by Ga. L. 2005, p. 848, § 2/SB 100; Ga. L. 2012, p. 668, § 2/HB 237.