N.C.P.I.—Crim. 220.34

The defendant has been charged with a pattern of residential

mortgage fraud.

For you to find the defendant guilty of this offense, the State must

prove five things beyond a reasonable doubt:

First, that the defendant with the intent that a [mortgage lender]

[mortgage broker] [borrower] [any other person or entity that is involved

in the mortgage lending process (describe person or entity)] rely on the

[misstatement] [misrepresentation] [omission]1 knowingly

[(a) [made] [attempted to make] any material2 [misstatement]

[misrepresentation] within the mortgage lending process3].

[(b) omitted material information within the mortgage lending

process].

[(c) [used] [facilitated the use of] [attempted to use] [attempted

to facilitate the use of] any material [misstatement]

[misrepresentation] [omission] within the mortgage lending

process].

Second, that the residential mortgage fraud involved five (or more)

mortgage loans. A mortgage loan is a loan primarily secured by either (i)

a mortgage or a deed of trust on residential real property or (ii) a security

interest in a manufactured home located or to be located on residential

real property. The mortgage loans involved were: (Describe each

mortgage loan involved, e.g., lender name, borrower name, loan amount,

loan number, date of transaction, etc.)

Third, that the mortgage loans were interrelated to each other by

the same or similar [intents] [results] [accomplices] [victims] (or)

[methods of commission] (or) [by other distinguishing characteristics

(describe other characteristics)]. In other words, the mortgage loans

involved were related and had continuity.

Fourth, that the defendant acted with the intent to [deceive]

[defraud].4

And Fifth, that the defendant acted for financial gain.

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date the defendant with the intent that a [mortgage

lender] [mortgage broker] [borrower] [any other person or entity that is

involved in the mortgage lending process (describe person or entity)] rely

on the [misstatement] [misrepresentation] [omission] knowingly

[(a) [made] [attempted to make] any material [misstatement]

[misrepresentation] within the mortgage lending process],

[(b) omitted material information within the mortgage lending

process],

[(c) [used] [facilitated the use of] [attempted to use] [attempted

to facilitate the use of] any material [misstatement]

[misrepresentation] [omission] within the mortgage lending

process],

and that the residential mortgage fraud involved five (or more) mortgage

loans interrelated to each other by the same or similar [intents] [results]

[accomplices] [victims] (or) [methods of commission] (or) [by other

distinguishing characteristics (describe other characteristics)], 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.