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This entry was published on 2024-07-26
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SECTION 187.00
Definitions
Penal (PEN) CHAPTER 40, PART 3, TITLE K, ARTICLE 187
§ 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 that is used or
occupied, or intended to be used or occupied, wholly or partly, as the
home or residence of one or more persons, including real property that
is 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.