§ 76-6-1202 Definitions
§ 76-6-1203 Mortgage fraud

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Terms Used In Utah Code > Title 76 > Chapter 6 > Part 12 - Utah Mortgage Fraud Act

  • Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Fraud: Intentional deception resulting in injury to another.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage lending process: means the process through which a person seeks or obtains a mortgage loan, including solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. See Utah Code 76-6-1202
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
  • Omission: means a failure to act when there is a legal duty to act and the actor is capable of acting. See Utah Code 76-1-101.5
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Sensitive personal identifying information: includes :
         (4)(a) the following information regarding an individual's:
              (4)(a)(i) Social Security number;
              (4)(a)(ii) driver license number or other government issued identification number;
              (4)(a)(iii) financial account number or credit or debit card number;
              (4)(a)(iv) password or personal identification number or other identification required to gain access to a financial account or a secure website;
              (4)(a)(v) automated or electronic signature; and
              (4)(a)(vi) unique biometric data; and
         (4)(b) any other information that can be used to gain access to an individual's financial accounts or to obtain goods or services. See Utah Code 76-6-1202
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Value: means the value of the property, money, or thing obtained or sought to be obtained. See Utah Code 76-6-1202