NC · jury_instructions
N.C.P.I.—Crim. 220.32
CONSPIRACY TO COMMIT RESIDENTIAL MORTGAGE FRAUD. FELONY.
The defendant has been charged with feloniously conspiring to
commit residential mortgage fraud.
For you to find the defendant guilty of this offense, the State must
prove three things beyond a reasonable doubt:
First, that the defendant and (name other person or persons)1
entered into an agreement.
Second, that the agreement was to commit residential mortgage
fraud. Residential mortgage fraud occurs when a person, acting for
financial gain and with the intent to [deceive] [defraud], knowingly
[(a) [makes] [attempts to make] any material2 [misstatement]
[misrepresentation] within the mortgage lending process]3 with
intent that a [mortgage lender] [mortgage broker] [borrower] [any
other person] involved in the mortgage lending process rely on it.
[(b) omits material information within the mortgage lending
process.]
[(c) [uses] [facilitates the use of] [attempts to use] [attempts to
facilitate the use of] any material [misstatement]
[misrepresentation] [omission] within the mortgage lending
process] with intent that a [mortgage lender] [mortgage broker]
[borrower] [any other person] involved in the mortgage lending
process rely on it.
[(d) [[receives] [attempts to receive]] [[loan proceeds] [describe
other funds]] in connection with a residential mortgage closing that
the person [knew] [should have known] resulted from [making]
[attempting to make] [using] [facilitating the use of] [attempting
to use] [attempting to facilitate the use of] any material
[misstatement] [misrepresentation] [omission] within the mortgage
lending process with intent that a [mortgage lender] [mortgage
broker] [borrower] [any other person] involved in the mortgage
lending process rely on it.]
And Third, that the defendant and (name other person or persons)
intended that the agreement be carried out at the time it was made.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date, the defendant agreed with (name other person or
persons) to commit residential mortgage fraud, and the defendant and
(name person(s)) intended at the time the agreement was made that it
would be carried out, it would be your duty to return a verdict of guilty.
If you do not so find or have a reasonable doubt as to one or more of
these things, it would be your duty to return a verdict of not guilty.
History
N.C.P.I.—Crim. 220.32 (June 2008). N.C. Gen. Stat. § 14-118.12(a)(4). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
c0b7017a4c34039cd19a80088f089c92abd4f05356bc9ca88e63430cf03bd319
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