"Foreclosure Fraud" Construed; Penalty

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  2. Georgia Code
  3. Crimes and Offenses
  4. Forgery and Fraudulent Practices
  5. Fraud and Related Offenses
  6. "Foreclosure Fraud" Construed; Penalty

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  1. For purposes of this Code section, the term "foreclosure fraud" shall include any of the following: knowingly or willfully representing that moneys provided to or on behalf of a debtor, as defined in Code Section 44-14-162.1 in connection with property used as a dwelling place by said debtor, are a loan if in fact they are used to purchase said property or such debtor's interest therein; or knowingly or willfully making fraudulent representation to a debtor about assisting the debtor in connection with said property.
  2. Any person who by foreclosure fraud purchases or attempts to purchase residential property by means of such fraudulent scheme shall be guilty of a felony.
  3. A person who violates subsection (b) of this Code section shall be punished by imprisonment for not less than one year nor more than three years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both.

(Code 1981, §16-9-60, enacted by Ga. L. 1988, p. 1469, § 1; Ga. L. 1989, p. 12, § 1.)


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