(6)3.2.9 Mortgage Fraud

A person is guilty of Mortgage Fraud under this subsection if he or she:

(a) willfully engages in any scheme, artifice, or course of conduct involving deception, misrepresentation, concealment of material facts, or false statements in connection with a mortgage loan, deed of trust, note, appraisal, underwriting process, refinancing, foreclosure proceeding, or any document or transaction relating to real property financing; and

(b) does so with intent to obtain, secure, modify, delay, avoid, or influence the issuance, terms, approval, payment, or enforcement of a mortgage loan or related financial obligation, or to cause financial loss or risk of loss to a lender, borrower, investor, insurer, or other interested party.

(c) This subsection shall not apply where the person has already been charged under Fraud in the First, Second, or Third Degree, except where actions are taken for the purpose of plea negotiations, supplemental charges, or the exercise of judicial discretion in sentencing or disposition.

Mortgage Fraud is a Class B+ Felony.