§ 19-9-25. Fraudulent checks — Large amounts. (a) Any person who purchases any goods, materials, or services, pays for that purchase by check, draft, or order for payment of money, and takes possession of the item, and who subsequently orders payment stopped on the check, draft, or order for payment, or who, with intent to […]
§ 19-9-26. Prima facie evidence of intent to defraud — Prosecutions. The following shall be prima facie evidence of intent to defraud within the meaning of §§ 19-9-24 and 19-9-25 as against the maker or drawer: the making, drawing, uttering, or delivering of a check, draft, or order for the payment of money upon any […]
§ 19-9-27. Check kiting. (a) Notwithstanding the provisions of § 19-9-24 or § 19-9-25, any person, natural or otherwise, who shall utilize any scheme, device, or artifice, commonly known as a check kite or check kiting, for the purposes of defrauding any regulated institution or other depository, any vendor of goods, materials, or services, or […]
§ 19-9-28. False statement to obtain loan. Any person who knowingly makes a false statement to any regulated institution, licensee or other depository respecting the financial condition of any person, firm, or corporation for the purpose of obtaining a loan from that regulated institution, licensee, or other depository, whether for that person’s own use or […]
§ 19-9-29. Bank fraud. Any person who knowingly makes a false statement to any regulated institution or other depository, or who knowingly executes, or attempts to execute, a scheme or artifice to defraud, or willingly overvalues any land, property, or security, for the purpose of influencing in any way the action of that regulated institution […]
§ 19-9-3. Mortgages — Appraisal fees. (a) Every lending institution that accepts an application for a mortgage loan that requires the payment of an appraisal fee, shall, prior to the payment of the appraisal fee, inform the applicant that if the mortgage is not approved, the appraisal fee may not be refunded to the customer. […]
§ 19-9-3.1. Mortgage loan appraisers — Relationship with lending institution. (a) Every lending institution, that accepts an application for any residential mortgage loan or any commercial mortgage loan that requires an appraisal in order to process the loan, is not permitted to use an appraisal company that is either owned by or has directors, stockholders, […]
§ 19-9-30. Injunctions against fraud. (a) The attorney general is hereby empowered to bring an action in the name of the state in any court of competent jurisdiction for restraining orders and injunctive relief to restrain and enjoin violations or threatened violation of the provisions of §§ 19-9-23 and 19-9-29. (b) If any person, firm, […]
§ 19-9-31. False rumors as to condition of regulated institution. Every person who willfully or maliciously instigates, makes, circulates, or transmits to another or others any statement, untrue in fact, derogatory to the financial condition or affecting the solvency or financial standing of any regulated institution or other insured-deposit-taking institution duly organized under the laws […]
§ 19-9-32. Disclosure of arson conviction. (a) Every financial institution making loans within this state secured by an interest in real estate may require applicants for loans to disclose whether or not the applicant or applicants have been convicted of any degree of the crime of arson as described in chapter 4 of title 11 […]
§ 19-9-33. Severability. If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or applications of this chapter that can be given effect without the invalid or unconstitutional provision or application, and to this […]
§ 19-9-34. Property insurance. Every lending institution shall be subject to the provisions of § 27-5-3.2. History of Section.P.L. 2002, ch. 112, § 2.
§ 19-9-35. Consumer privacy in mortgage applications. (a) For purposes of this section, “mortgage trigger lead” means a consumer report obtained pursuant to section 604(c)(1)(B) of the Fair Credit Reporting Act, 15 U.S.C. § 1681b, where the issuance of the report is triggered by an inquiry made with a consumer reporting agency in response to […]
§ 19-9-4. Credit needs of local communities. (a) Each regulated institution, as defined in this chapter, to which the Community Reinvestment Act of 1977, 12 U.S.C. § 2901 et seq., and as subsequently amended from time to time, applies, shall file with the division of banking, a copy of each report and document that it […]
§ 19-9-5. Mortgagor to be offered title insurance. Every lending institution that accepts an application for a mortgage loan on property located in this state and that engages a title attorney to search the title of the subject real estate shall require the attorney to offer to the prospective mortgagor, at the usual premium rate, […]
§ 19-9-6. Lending institutions — Title attorney. (a) Every lending institution that accepts an application for any residential mortgage loan or any commercial mortgage loan and requires that a title attorney search the title of the subject real estate, or requires a policy of title insurance, shall permit the prospective mortgagor to select a qualified […]
§ 19-9-7. Attorney’s opinions. (a) Except as provided in subsections (b) through (d), no lending institution making a loan in this state, or any attorney, agent, or representative for that lending institution, shall directly or indirectly, as a condition of a loan or advance, require any attorney representing a borrower in the loan transaction to […]
§ 19-9-8. Lending institutions — Negative amortization loans. Notwithstanding the provisions of any other laws, any person doing business under and as permitted by any law of this state or of the United States relating to lending institutions is authorized, in connection with the making of any loan, to contract for the accrual of interest, […]
§ 19-9-9. Mortgages issued — Payoffs. (a) Every lending institution or other entity that owns or services a loan, secured by a mortgage on property located in this state, shall: (1) Provide to the obligor, within three (3) business days after receipt of a written or telefaxed request, the exact payoff due the lender on […]
