Prohibited acts--constitutes mortgage fraud--venue, where--acts notprecluded by prosecution.
570.310. 1. It is unlawful for a person, in connection with theapplication for or procurement of a loan secured by real estate towillfully:
(1) Employ a device, scheme, or artifice to defraud;
(2) Make an untrue statement of a material fact or to omit to state amaterial fact necessary in order to make the statement made, in the lightof the circumstances under which it is made, not misleading;
(3) Receive any portion of the purchase, sale, or loan proceeds, orany other consideration paid or generated in connection with a real estateclosing that such person knew involved a violation of this section; or
(4) Influence, through extortion or bribery, the development,reporting, result, or review of a real estate appraisal, except that thissubsection does not prohibit a mortgage lender, mortgage broker, mortgagebanker, real estate licensee, or other person from asking the appraiser todo one or more of the following:
(a) Consider additional property information;
(b) Provide further detail, substantiation, or explanation for theappraiser's value conclusion; or
(c) Correct errors in the appraisal report in compliance with theUniform Standards of Professional Appraisal Practice.
2. Such acts shall be deemed to constitute mortgage fraud.
3. Mortgage fraud is a class C felony.
4. Each transaction in violation of this section shall constitute aseparate offense.
5. Venue over any dispute relating to mortgage fraud or a conspiracyor endeavor to engage in or participate in a pattern of mortgage fraudshall be:
(1) In the county in which the real estate is located;
(2) In the county in which any act was performed in furtherance ofmortgage fraud;
(3) In any county in which any person alleged to have violated thissection had control or possession of any proceeds from mortgage fraud;
(4) In any county in which a related real estate closing occurred; or
(5) In any county in which any document related to a mortgage fraudis filed with the recorder of deeds.
6. Prosecution under the provisions of this section shall notpreclude:
(1) The power of this state to punish a person for conduct thatconstitutes a crime under other laws of this state;
(2) A civil action by any person;
(3) Administrative or disciplinary action by the state or the UnitedStates or by any agency of the state or the United States;
Prohibited acts--constitutes mortgage fraud--venue, where--acts notprecluded by prosecution.
570.310. 1. It is unlawful for a person, in connection with theapplication for or procurement of a loan secured by real estate towillfully:
(1) Employ a device, scheme, or artifice to defraud;
(2) Make an untrue statement of a material fact or to omit to state amaterial fact necessary in order to make the statement made, in the lightof the circumstances under which it is made, not misleading;
(3) Receive any portion of the purchase, sale, or loan proceeds, orany other consideration paid or generated in connection with a real estateclosing that such person knew involved a violation of this section; or
(4) Influence, through extortion or bribery, the development,reporting, result, or review of a real estate appraisal, except that thissubsection does not prohibit a mortgage lender, mortgage broker, mortgagebanker, real estate licensee, or other person from asking the appraiser todo one or more of the following:
(a) Consider additional property information;
(b) Provide further detail, substantiation, or explanation for theappraiser's value conclusion; or
(c) Correct errors in the appraisal report in compliance with theUniform Standards of Professional Appraisal Practice.
2. Such acts shall be deemed to constitute mortgage fraud.
3. Mortgage fraud is a class C felony.
4. Each transaction in violation of this section shall constitute aseparate offense.
5. Venue over any dispute relating to mortgage fraud or a conspiracyor endeavor to engage in or participate in a pattern of mortgage fraudshall be:
(1) In the county in which the real estate is located;
(2) In the county in which any act was performed in furtherance ofmortgage fraud;
(3) In any county in which any person alleged to have violated thissection had control or possession of any proceeds from mortgage fraud;
(4) In any county in which a related real estate closing occurred; or
(5) In any county in which any document related to a mortgage fraudis filed with the recorder of deeds.
6. Prosecution under the provisions of this section shall notpreclude:
(1) The power of this state to punish a person for conduct thatconstitutes a crime under other laws of this state;
(2) A civil action by any person;
(3) Administrative or disciplinary action by the state or the UnitedStates or by any agency of the state or the United States;
Prohibited acts--constitutes mortgage fraud--venue, where--acts notprecluded by prosecution.
570.310. 1. It is unlawful for a person, in connection with theapplication for or procurement of a loan secured by real estate towillfully:
(1) Employ a device, scheme, or artifice to defraud;
(2) Make an untrue statement of a material fact or to omit to state amaterial fact necessary in order to make the statement made, in the lightof the circumstances under which it is made, not misleading;
(3) Receive any portion of the purchase, sale, or loan proceeds, orany other consideration paid or generated in connection with a real estateclosing that such person knew involved a violation of this section; or
(4) Influence, through extortion or bribery, the development,reporting, result, or review of a real estate appraisal, except that thissubsection does not prohibit a mortgage lender, mortgage broker, mortgagebanker, real estate licensee, or other person from asking the appraiser todo one or more of the following:
(a) Consider additional property information;
(b) Provide further detail, substantiation, or explanation for theappraiser's value conclusion; or
(c) Correct errors in the appraisal report in compliance with theUniform Standards of Professional Appraisal Practice.
2. Such acts shall be deemed to constitute mortgage fraud.
3. Mortgage fraud is a class C felony.
4. Each transaction in violation of this section shall constitute aseparate offense.
5. Venue over any dispute relating to mortgage fraud or a conspiracyor endeavor to engage in or participate in a pattern of mortgage fraudshall be:
(1) In the county in which the real estate is located;
(2) In the county in which any act was performed in furtherance ofmortgage fraud;
(3) In any county in which any person alleged to have violated thissection had control or possession of any proceeds from mortgage fraud;
(4) In any county in which a related real estate closing occurred; or
(5) In any county in which any document related to a mortgage fraudis filed with the recorder of deeds.
6. Prosecution under the provisions of this section shall notpreclude:
(1) The power of this state to punish a person for conduct thatconstitutes a crime under other laws of this state;
(2) A civil action by any person;
(3) Administrative or disciplinary action by the state or the UnitedStates or by any agency of the state or the United States;
