Article 187: Residential Mortgage Fraud
In New York law, Article 187 refers to residential mortgage fraud. If you have been charged with such an offense, you should contact a criminal defense attorney immediately.
The complete law is as follows:
Article 187: Residential Mortgage Fraud
187.00 Definitions.
187.01 Limitation on prosecution.
187.05 Residential mortgage fraud in the fifth degree.
187.10 Residential mortgage fraud in the fourth degree.
187.15 Residential mortgage fraud in the third degree.
187.20 Residential mortgage fraud in the second degree.
187.25 Residential mortgage fraud in the first degree.
NY PENAL LAW § 187.00
Definitions.
As used in this article:
1. “Person” means any individual or entity.
2. “Residential mortgage loan” means a loan or agreement to extend credit, including the renewal, refinancing or modification of any such loan, made to a person, which loan is primarily secured by either a mortgage, deed of trust, or other lien upon any interest in residential real property or any certificate of stock or other evidence of ownership in, and a proprietary lease from, a corporation or partnership formed for the purpose of cooperative ownership of residential real property.
3. “Residential real property” means real property improved by a one-to-four family dwelling, or a residential unit in a building including units owned as condominiums or on a cooperative basis, used or occupied, or intended to be used or occupied, wholly or partly, as the home or residence of one or more persons, but shall not refer to unimproved real property upon which such dwellings are to be constructed.
4. “Residential mortgage fraud” is committed by a person who, knowingly and with intent to defraud, presents, causes to be presented, or prepares with knowledge or belief that it will be used in soliciting an applicant for, applying for, underwriting or closing a residential mortgage loan, or filing with a county clerk of any county in the state arising out of and related to the closing of a residential mortgage loan, any written statement which:
(a) contains materially false information concerning any fact material thereto; or
(b) conceals, for the purpose of misleading, information concerning any fact material thereto.
NY PENAL LAW § 187.01
Limitation on prosecution.
No individual who applies for a residential mortgage loan and intends to occupy such residential property which such mortgage secures shall be held liable under this article provided, however, any such individual who acts as an accessory to an individual or entity in committing any crime defined in this article may be charged as an accessory to such crime.
NY PENAL LAW § 187.05
Residential mortgage fraud in the fifth degree.
A person is guilty of residential mortgage fraud in the fifth degree when he or she commits residential mortgage fraud.
Residential mortgage fraud in the fifth degree is a class A misdemeanor.
NY PENAL LAW § 187.10
Residential mortgage fraud in the fourth degree.
A person is guilty of residential mortgage fraud in the fourth degree when he or she commits residential mortgage fraud and thereby receives proceeds or any other funds in the aggregate in excess of one thousand dollars.
Residential mortgage fraud in the fourth degree is a class E felony.
NY PENAL LAW § 187.15
Residential mortgage fraud in the third degree.
A person is guilty of residential mortgage fraud in the third degree when he or she commits residential mortgage fraud and thereby receives proceeds or any other funds in the aggregate in excess of three thousand dollars.
Residential mortgage fraud in the third degree is a class D felony.
NY PENAL LAW § 187.20
Residential mortgage fraud in the second degree.
A person is guilty of residential mortgage fraud in the second degree when he or she commits residential mortgage fraud and thereby receives proceeds or any other funds in the aggregate in excess of fifty thousand dollars.
Residential mortgage fraud in the second degree is a class C felony.
NY PENAL LAW § 187.25
Residential mortgage fraud in the first degree.
A person is guilty of residential mortgage fraud in the first degree when he or she commits residential mortgage fraud and thereby receives proceeds or any other funds in the aggregate in excess of one million dollars.
Residential mortgage fraud in the first degree is a class B felony.
