Effective - 01 Jan 2017, 2 histories
570.310. Mortgage fraud — penalty — venue. — 1. A person commits the offense of mortgage fraud if he or she, in connection with the application for or procurement of a loan secured by real estate, willfully:
(1) Employs a device, scheme, or artifice to defraud;
(2) Makes an untrue statement of a material fact or omits to state a material fact necessary in order to make the statement made, in the light of the circumstances under which it is made, not misleading;
(3) Receives any portion of the purchase, sale, or loan proceeds, or any other consideration paid or generated in connection with a real estate closing that such person knew involved a violation of this section; or
(4) Influences, through extortion or bribery, the development, reporting, result, or review of a real estate appraisal, except that this subsection does not prohibit a mortgage lender, mortgage broker, mortgage banker, real estate licensee, or other person from asking the appraiser to do one or more of the following:
(a) Consider additional property information;
(b) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or
(c) Correct errors in the appraisal report in compliance with the Uniform Standards of Professional Appraisal Practice.
2. The offense of mortgage fraud is a class D felony.
3. Each transaction in violation of this section shall constitute a separate offense.
4. Venue over any dispute relating to mortgage fraud or a conspiracy or endeavor to engage in or participate in a pattern of mortgage fraud shall be:
(1) In the county in which the real estate is located;
(2) In the county in which any act was performed in furtherance of mortgage fraud;
(3) In any county in which any person alleged to have violated this section 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 fraud is filed with the recorder of deeds.
5. The punishment imposed under this section shall be in addition to any punishment provided by law for the offense.
--------
(L. 2008 H.B. 2188, A.L. 2014 S.B. 491)
Effective 1-01-17
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 570 - Robbery, Stealing and Related Offenses
Section 570.010 - Chapter definitions.
Section 570.020 - Determination of value.
Section 570.023 - Robbery in the first degree — penalty.
Section 570.025 - Robbery in the second degree — penalty.
Section 570.027 - Vehicle hijacking, offense of — penalties.
Section 570.030 - Stealing — penalties.
Section 570.039 - Cable television services, appropriation of — not stealing, when.
Section 570.053 - Feigned blindness — penalty.
Section 570.060 - Lost property.
Section 570.070 - Claim of right.
Section 570.090 - Forgery — penalty.
Section 570.100 - Possession of a forging instrumentality — penalty.
Section 570.103 - Crime of counterfeiting, definitions — penalty.
Section 570.105 - Seizure and forfeiture of counterfeit property.
Section 570.110 - Issuing a false instrument or certificate — penalty.
Section 570.125 - Fraudulently stopping payment on an instrument — penalties.
Section 570.130 - Fraudulent use of a credit device or debit device — penalty.
Section 570.140 - Deceptive business practice — penalty.
Section 570.150 - Commercial bribery — penalty.
Section 570.180 - Defrauding secured creditors — penalty.
Section 570.210 - Library theft, guilty of stealing.
Section 570.217 - Misapplication of funds of a financial institution — penalties.
Section 570.220 - Check kiting — collected funds defined — penalty.
Section 570.224 - Trafficking in stolen identities — possession of documents, exemptions — penalty.
Section 570.225 - Misappropriation of intellectual property — penalty — definitions.
Section 570.300 - Facilitating the theft of cable television service — penalty.
Section 570.310 - Mortgage fraud — penalty — venue.
Section 570.380 - Mass manufacture or possession of five or more fake IDs — penalty.
Section 570.400 - Unlawful receipt of public assistance benefits or EBT cards — penalties.
Section 570.402 - Conversion of public assistance benefits or EBT cards — penalties.
Section 570.404 - Unlawful transfer of public assistance benefits or EBT cards — penalties.
Section 570.406 - Single criminal episode, when.
Section 570.408 - Perjury for the purpose of obtaining public assistance — penalty.