570.310. 1. It is unlawful for a person, in connection with the application for or procurement of a loan secured by real estate to willfully:
(1) Employ a device, scheme, or artifice to defraud;
(2) Make an untrue statement of a material fact or to omit to state a material fact necessary in order to make the statement made, in the light of the circumstances under which it is made, not misleading;
(3) Receive any portion of the purchase, sale, or loan proceeds, or any other consideration paid or generated in connection with a real estate closing that such person knew involved a violation of this section; or
(4) Influence, through extortion or bribery, the development, reporting, result, or review of a real estate appraisal, except that this subsection does not prohibit a mortgage lender, mortgage broker, mortgage banker, real estate licensee, or other person from asking the appraiser to do one or more of the following:
(a) Consider additional property information;
(b) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or
(c) Correct errors in the appraisal report in compliance with the Uniform Standards of Professional Appraisal Practice.
2. Such acts shall be deemed to constitute mortgage fraud.
3. Mortgage fraud is a class C felony.
4. Each transaction in violation of this section shall constitute a separate offense.
5. Venue over any dispute relating to mortgage fraud or a conspiracy or endeavor to engage in or participate in a pattern of mortgage fraud shall be:
(1) In the county in which the real estate is located;
(2) In the county in which any act was performed in furtherance of mortgage fraud;
(3) In any county in which any person alleged to have violated this section had control or possession of any proceeds from mortgage fraud;
(4) In any county in which a related real estate closing occurred; or
(5) In any county in which any document related to a mortgage fraud is filed with the recorder of deeds.
6. Prosecution under the provisions of this section shall not preclude:
(1) The power of this state to punish a person for conduct that constitutes a crime under other laws of this state;
(2) A civil action by any person;
(3) Administrative or disciplinary action by the state or the United States or by any agency of the state or the United States;
(4) A civil forfeiture action; or
(5) An action under chapter 407.
(L. 2008 H.B. 2188)
Missouri General Assembly