Definitions

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Offenses Involving Theft
  5. Residential Mortgage Fraud
  6. Definitions

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As used in this article, the term:

  1. "Mortgage lending process" means the process through which a person seeks or obtains a residential mortgage loan including, but not limited to, solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. Such term shall also include the execution of deeds under power of sale that are required to be recorded pursuant to Code Section 44-14-160 and the execution of assignments that are required to be recorded pursuant to subsection (b) of Code Section 44-14-162. Documents involved in the mortgage lending process include, but shall not be limited to, uniform residential loan applications or other loan applications; appraisal reports; HUD-1 settlement statements; supporting personal documentation for loan applications such as W-2 forms, verifications of income and employment, bank statements, tax returns, and payroll stubs; and any required disclosures.
  2. "Pattern of residential mortgage fraud" means one or more misstatements, misrepresentations, or omissions made during the mortgage lending process that involve two or more residential properties, which have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics.
  3. "Person" means a natural person, corporation, company, limited liability company, partnership, trustee, association, or any other entity.
  4. "Residential mortgage loan" means a loan or agreement to extend credit made to a person, which loan is secured by a deed to secure debt, security deed, mortgage, security interest, deed of trust, or other document representing a security interest or lien upon any interest in one-to-four family residential property located in Georgia including the renewal or refinancing of any such loan.

(Code 1981, §16-8-101, enacted by Ga. L. 2005, p. 848, § 2/SB 100; Ga. L. 2006, p. 72, § 16/SB 465; Ga. L. 2012, p. 668, § 1/HB 237.)

Law reviews.

- For annual survey on real property, see 64 Mercer L. Rev. 255 (2012).

JUDICIAL DECISIONS

Cited in State v. Corhen, 306 Ga. App. 495, 700 S.E.2d 912 (2010).


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