§ 187.00 — Definitions

New York § 187.00

• Jurisdiction: New York
• Law PEN: Penal
• Title K: Offenses Involving Fraud
• Part 3: Specific Offenses
• Art. 187: Residential Mortgage Fraud

Text

§ 187.00 Definitions.\n As used in this article:\n 1. "Person" means any individual or entity.\n 2. "Residential mortgage loan" means a loan or agreement to extend\ncredit, including the renewal, refinancing or modification of any such\nloan, made to a person, which loan is primarily secured by either a\nmortgage, deed of trust, or other lien upon any interest in residential\nreal property or any certificate of stock or other evidence of ownership\nin, and a proprietary lease from, a corporation or partnership formed\nfor the purpose of cooperative ownership of residential real property.\n 3. "Residential real property" means real property that is used or\noccupied, or intended to be used or occupied, wholly or partly, as the\nhome or residence of one or more persons, including real property that\nis improved by a one-to-four family dwelling, or a residential unit in a\nbuilding including units owned as condominiums or on a cooperative\nbasis, used or occupied, or intended to be used or occupied, wholly or\npartly, as the home or residence of one or more persons, but shall not\nrefer to unimproved real property upon which such dwellings are to be\nconstructed.\n 4. "Residential mortgage fraud" is committed by a person who,\nknowingly and with intent to defraud, presents, causes to be presented,\nor prepares with knowledge or belief that it will be used in soliciting\nan applicant for, applying for, underwriting or closing a residential\nmortgage loan, or filing with a county clerk of any county in the state\narising out of and related to the closing of a residential mortgage\nloan, any written statement which:\n (a) contains materially false information concerning any fact material\nthereto; or\n (b) conceals, for the purpose of misleading, information concerning\nany fact material thereto.\n