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2018 Georgia Code 16-8-102 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-8-102 Case Law from Google Scholar Amendments to OCGA 16-8-102

TITLE 16 CRIMES AND OFFENSES

Section 8. Offenses Involving Theft, 16-8-1 through 16-8-106.

ARTICLE 5 RESIDENTIAL MORTGAGE FRAUD

16-8-102. Residential mortgage fraud.

A person commits the offense of residential mortgage fraud when, with the intent to defraud, such person:

  1. Knowingly makes any deliberate misstatement, misrepresentation, or omission 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;
  2. Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, 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;
  3. Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph (1) or (2) of this Code section;
  4. Conspires to violate any of the provisions of paragraph (1), (2), or (3) of this Code section; or
  5. Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission.

    An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process nor upon truthful information contained in documents filed with the official registrar of deeds of any county of this state for the stated purpose of correcting scrivener's errors, mistakes, inadvertent misstatements, or omissions contained in previously filed documents.

(Code 1981, §16-8-102, enacted by Ga. L. 2005, p. 848, § 2/SB 100; Ga. L. 2012, p. 668, § 2/HB 237.)

JUDICIAL DECISIONS

Indictment sufficient.

- Trial court erred in quashing an indictment for counts of residential mortgage fraud, in violation of O.C.G.A. § 16-8-102, and counts of felony theft by deception, in violation of O.C.G.A. § 16-8-3, because: (1) certain allegations between counts in the indictment were mere surplusage and did not invalidate the indictment; (2) the indictment was not duplicitous under O.C.G.A. § 16-1-7(a)(2); (3) the indictment was sufficient pursuant to the requirements of O.C.G.A. § 17-7-54(a) to withstand general and special demurrers as each count sufficiently stated the offense; and (4) each count was sufficient to charge each of the named defendants as either the actual perpetrator or as a party to the crime pursuant to O.C.G.A. §§ 16-2-20(a) and16-2-21. State v. Corhen, 306 Ga. App. 495, 700 S.E.2d 912 (2010).

Theft by deception and residential mortgage fraud predicate acts for RICO.

- Trial court erred in dismissing a mortgagor's RICO claim because the complaint alleged that the mortgagor was injured by at least two predicate acts (theft by deception and residential mortgage fraud) which could constitute a pattern of racketeering activity, and the mortgagee did not show that the mortgagor could not possibly introduce evidence within the framework of the complaint sufficient to grant relief on the RICO claim. Mbigi v. Wells Fargo Home Mortg., 336 Ga. App. 316, 785 S.E.2d 8 (2016).

Evidence sufficient for conviction.

- Evidence that the defendant, a loan officer who handled the closing on a codefendant's home, was a party to a scheme whereby the defendant gave the codefendant money for the downpayment before closing, the codefendant falsely stated in the loan application that the codefendant had not borrowed the down payment, and later defaulted on the loan was sufficient to convict the defendant of residential mortgage fraud as a party to that crime. Gilford v. State, 295 Ga. App. 651, 673 S.E.2d 40 (2009), cert. denied, No. S09C0827, 2009 Ga. LEXIS 258 (Ga. 2009).

Cases Citing Georgia Code 16-8-102 From Courtlistener.com

Total Results: 1

In Re Kota Chalfant Suttle

Court: Supreme Court of Georgia | Date Filed: 2010-10-04

Citation: 701 S.E.2d 154, 288 Ga. 14, 2010 Fulton County D. Rep. 3181, 2010 Ga. LEXIS 633

Snippet: count of residential mortgage fraud, see OCGA §§ 16-8-102(2) and 16-8-105(a), and was given a misdemeanor