Alaska Statutes 06.60.650 – Standard of proof
Current as of: 2023 | Check for updates
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Terms Used In Alaska Statutes 06.60.650
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- fund: means the mortgage loan originator surety fund established under Alaska Stat. See Alaska Statutes 06.60.990
- licensee: means a person who holds a license issued under this chapter. See Alaska Statutes 06.60.990
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
A person who submits a fund claim under Alaska Stat. § 06.60.570 bears the burden of establishing by a preponderance of the evidence that the person suffered a loss in a mortgage loan transaction as a result of fraud, misrepresentation, deceit, or the conversion of trust funds by a mortgage loan originator licensee and the extent of those losses.