N.Y. Penal Law § 187.00: Definitions

§ 187.00 Definitions.

As used in this article:

1. "Person" means any individual or entity.

2. "Residential mortgage loan" means a loan or agreement to extend

credit, including the renewal, refinancing or modification of any such

loan, made to a person, which loan is primarily secured by either a

mortgage, deed of trust, or other lien upon any interest in residential

real property or any certificate of stock or other evidence of ownership

in, and a proprietary lease from, a corporation or partnership formed

for the purpose of cooperative ownership of residential real property.

3. "Residential real property" means real property that is used or

occupied, or intended to be used or occupied, wholly or partly, as the

home or residence of one or more persons, including real property that

is improved by a one-to-four family dwelling, or a residential unit in a

building including units owned as condominiums or on a cooperative

basis, used or occupied, or intended to be used or occupied, wholly or

partly, as the home or residence of one or more persons, but shall not

refer to unimproved real property upon which such dwellings are to be

constructed.

4. "Residential mortgage fraud" is committed by a person who,

knowingly and with intent to defraud, presents, causes to be presented,

or prepares with knowledge or belief that it will be used in soliciting

an applicant for, applying for, underwriting or closing a residential

mortgage loan, or filing with a county clerk of any county in the state

arising out of and related to the closing of a residential mortgage

loan, any written statement which:

(a) contains materially false information concerning any fact material

thereto; or

(b) conceals, for the purpose of misleading, information concerning

any fact material thereto.