(1)  There is created a restricted account within the General Fund known as the “Mortgage and Financial Fraud Investigation and Prosecution Restricted Account.”

Terms Used In Utah Code 67-5-31

  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2)  The restricted account includes:

(a)  $2,000,000 of deposits from the foreclosure fraud settlement agreement between the United States Justice Department, United States Department of Housing and Urban Development, and a bipartisan group of state attorneys general, including Utah’s attorney general, Bank of America, Citi, JP Morgan Chase, GMAC, and Wells Fargo announced in February 2012; and

(b)  any other amount appropriated by the Legislature.

(3)  Money from the restricted account shall be used by the attorney general to:

(a)  investigate and prosecute mortgage and financial fraud throughout the state; and

(b)  fund mortgage and financial fraud investigation and prosecution staff.

Enacted by Chapter 350, 2012 General Session