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

2. (2) An actor commits mortgage fraud if the actor does any of the following with the intent to defraud:

   1. (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;
   2. (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;
   3. (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
   4. (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. (3)

   1. (a) Notwithstanding any other administrative, civil, or criminal penalties, a violation of Subsection (2) is a:

      1. (i) class A misdemeanor if the value is or exceeds $500 but is less than $1,500;
      2. (ii) third degree felony if the value is or exceeds $1,500 but is less than $5,000;
      3. (iii) second degree felony if the value is or exceeds $5,000; and
      4. (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.
   2. (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. (4) Each residential or commercial property transaction offense under this section constitutes a separate violation.

Amended by Chapter 111, 2023 General Session