Terms Used In Utah Code 76-6-1203

• Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
• Fraud: Intentional deception resulting in injury to another.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage lending process: means the process through which a person seeks or obtains a mortgage loan, including solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. See Utah Code 76-6-1202
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
• Omission: means a failure to act when there is a legal duty to act and the actor is capable of acting. See Utah Code 76-1-101.5
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Sensitive personal identifying information: includes :

  (a)

  the following information regarding an individual's: (i)  Social Security number; (ii)  driver license number or other government issued identification number; (iii)  financial account number or credit or debit card number; (iv)  password or personal identification number or other identification required to gain access to a financial account or a secure website; (v)  automated or electronic signature; and (vi)  unique biometric data; and

  (b)

  any other information that can be used to gain access to an individual's financial accounts or to obtain goods or services. See Utah Code 76-6-1202 Value: means the value of the property, money, or thing obtained or sought to be obtained. See Utah Code 76-6-1202

  (2)

  An actor commits mortgage fraud if the actor does any of the following with the intent to defraud: (a)  knowingly makes any material misstatement, misrepresentation, or omission during the mortgage lending process, intending that it be relied upon by a mortgage lender, borrower, or any other party to the mortgage lending process; (b)  knowingly uses or facilitates the use of any material misstatement, misrepresentation, or omission, during the mortgage lending process, intending that it be relied upon by a mortgage lender, borrower, or any other party to the mortgage lending process; (c)  files or causes to be filed with any county recorder in Utah any document that the actor knows contains a material misstatement, misrepresentation, or omission; or (d)  receives any proceeds or any compensation in connection with a mortgage loan that the actor knows resulted from a violation of this section.

  (3)

  (a)  Notwithstanding any other administrative, civil, or criminal penalties, a violation of Subsection (2) is a: (i)  class A misdemeanor if the value is or exceeds $500 but is less than $1,500; (ii)  third degree felony if the value is or exceeds $1,500 but is less than $5,000; (iii)  second degree felony if the value is or exceeds $5,000; and (iv)  second degree felony if the object or purpose of the commission of an act of mortgage fraud is the obtaining of sensitive personal identifying information, regardless of the value. (b)  The determination of the degree of any offense under Subsection (3)(a) is measured by the total value of all property, money, or things obtained or sought to be obtained by a violation of Subsection (2), except as provided in Subsection (3)(a)(iv).

  (4)	Each residential or commercial property transaction offense under this section constitutes a separate violation.

  Amended by Chapter 111, 2023 General Session