2012 New York Consolidated Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title K - OFFENSES INVOLVING FRAUD
Article 187 - (187.00 - 187.25) RESIDENTIAL MORTGAGE FRAUD
187.00 - Definitions.


NY Penal L § 187.00 (2012) What's This?
 
  § 187.00 Definitions.
    As used in this article:
    1. "Person" means any individual or entity.
    2.  "Residential  mortgage  loan"  means a loan or agreement to extend
  credit, including the renewal, refinancing or modification of  any  such
  loan,  made  to  a  person,  which loan is primarily secured by either a
  mortgage, deed of trust, or other lien upon any interest in  residential
  real property or any certificate of stock or other evidence of ownership
  in,  and  a  proprietary lease from, 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  a  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, applying for, underwriting or  closing  a  residential
  mortgage  loan, or filing 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:
    (a) contains materially false information concerning any fact material
  thereto; or
    (b)  conceals,  for  the purpose of misleading, information concerning
  any fact material thereto.

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