Skip to main content
Find a Lawyer

Utah Code Title 76. Utah Criminal Code § 76-6-1203. Mortgage fraud

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Terms defined in Sections 76-1-101.5 and 76-6-1202 apply to this section.

(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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-6-1203. Mortgage fraud - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-6-1203/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard