New Jersey to criminalize mortgage fraud (introduced).

[imhere]

Two New Jersey Assemblyman Paul Moriaty and Assemblywoman Sandra Love, have introduced Assembly bill number 2679, titled “Truth in Mortgaging Act.” This bill would create a crime of residential mortgage fraud.

Link to bill html: http://www.njleg.state.nj.us/2008/Bills/A3000/2679_I1.HTM


The penalties can be substantial:

"This bill provides that a person who commits the offense of residential mortgage fraud is guilty of a crime of the third degree and subject to imprisonment for a term of three to five years and to a fine not to exceed $15,000, or both. The bill also provides that a person who engages in a pattern of residential mortgage fraud is guilty of a crime of the second degree and subject to imprisonment for a term of five to 10 years and to a fine not to exceed $150,000, or both. Each residential property transaction subject to the act shall constitute a separate offense and shall not merge with other crimes. In addition, where an assignment judge determines that the infraction is de minimus, the assignment judge may dismiss the prosecution of residential mortgage fraud."

 

[dobie]

More from the bill specific to appraisals.

A person is guilty of the crime of residential mortgage fraud when, with the intent to defraud, that person:

a. Knowingly makes, or causes to be made, any false, fictitious, fraudulent or misleading statement of material fact in, or omits a material fact from, or causes a material fact to be omitted from, any record or other document, in writing, electronically, orally or in any other form, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower or any other party to the mortgage lending process. For the purposes of this subsection, a "material fact" includes but is not limited to: (1) any fact relating to the value of the real property that provides the collateral to secure the repayment of a residential mortgage loan; and (2) any fact relating to the current or expected income, financial obligations, or employment of a person who seeks or obtains a residential mortgage loan, relevant to the person’s ability to repay the loan.

My bold

 

[Financially Feasible]

Now if only my other three states could get their freakin' acts together... :icon_mrgreen:

 

[Mike Kennedy]

Outstanding - may it PASS - "as-is", be cloned across the U.S.A. - THEN ENFORCED!

 

[Lost Cause]

Since when was fraud not already a crime? What a waste of time, making new rules when there's still no enforcement of the already existing ones.

 

[Bama Bayou]

Since when was fraud not already a crime? What a waste of time, making new rules when there's still no enforcement of the already existing ones.

That is what I was thinking too.

 

[Financially Feasible]

At least the process is beginning to be defined and, more importantly, so are the penalties for the crimes. Before, the whole idea was: "Yeah, you're guilty of a crime... but we have no procedure in place for punishing you. Therefore... ummm... you're free to go!". Everything has to start somewhere. I'm hoping that everyone at least sees the optimism in that.

 

[Metamorphic]

What's the de-minimus amount? I couldn't find where its says.

 

[imhere]

Since when was fraud not already a crime? What a waste of time, making new rules when there's still no enforcement of the already existing ones.

You obviously know the politics of New Jersey very well. However, it appears that any law that does not specifically cover an offense is very difficult to enforce. This state is among the highest number of lawyers per square mile.

 

[Pamela Crowley (Florida)]

However, it appears that any law that does not specifically cover an offense is very difficult to enforce.

This is it. Trying to come up with all the 'specific' scenarios is an impossible task.