NC · jury_instructions
N.C.P.I.—Crim. 220.33
SOLICITATION OF RESIDENTIAL MORTGAGE FRAUD. FELONY.
The defendant has been charged with soliciting another to commit
residential mortgage fraud.
For you to find the defendant guilty of this offense, the State must
prove two things beyond a reasonable doubt:
First, that the defendant [enticed] [advised] [incited] [ordered]
[commanded] (name solicitee) to commit residential mortgage fraud.
And Second, that the defendant specifically intended that (name
solicitee) 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 material1 [misstatement]
[misrepresentation] within the mortgage lending process]2 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.]
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date the defendant [enticed] [advised] [incited]
[ordered] [commanded] (name solicitee) to commit residential mortgage
fraud, specifically intending that (name solicitee) commit residential
mortgage fraud, 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 both of these
things, it would be your duty to return a verdict of not guilty.
History
N.C.P.I.—Crim. 220.33 (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
e76ff60b2f885b282a7dd2309bcc6fd12e9a31a276b55ac12c34f7e1048db55f
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.