Ala. Pattern Jury Instr. (Criminal) 13A-9-130(C)(1)(A) MAKES

Residential Mortgage Fraud

(Makes Misstatement)

The defendant is charged with residential mortgage fraud.

A person commits the crime of residential mortgage fraud when with the intent to

defraud, he/she knowingly makes any material deliberate misstatement or

misrepresentation, knowing the same to be a misstatement or misrepresentation during

the mortgage lending process with the specific intention that it be relied on by a mortgage

broker, mortgage lender, mortgage servicer, mortgage processor, borrower, or any other

party to the mortgage lending process.

To convict, the State must prove beyond a reasonable doubt each of the following

elements:

(1) The defendant knowingly made a material deliberate misstatement or

misrepresentation;

(2) The Defendant knew the same to be a misstatement or misrepresentation

during the mortgage lending process with the specif ic intention that it be

relied on by a mortgage broker, mortgage lender, mortgage servicer,

mortgage processor, borrower, or any other party to the mortgage lending

process; (AND)

(3) The Defendant did so with intent to defraud.

A person acts knowingly with respect to conduct or to a circumstance when he/she

is aware that his/her conduct is of that nature or that the circumstance exists. [13A-2-2(2)]

A person acts intentionally with respect to a result or to conduct described by a

statute defining an offense, when his/her purpose is to cause that result or to engage in

that conduct. [13A-2-2(1)]

If you find from the evidence that the State has proved beyond a reasonable doubt

each of the elements of residential mortgage fraud, then you shall find the defendant guilty

of residential mortgage fraud.

If you find that the State has failed to prove beyond a reasonable doubt any one

or more of the elements of residential mortgage fraud, then you cannot find the defendant

guilty of residential mortgage fraud.

[If lesser-included offenses are included, the Court should instruct on those

offenses at this point.]

[Approved 9-11-15.]