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Utah criminal charge

Mortgage fraud in Utah

Current through 2026 Utah legislative session

Mortgage fraud is a criminal offense under Utah law, defined by Utah Code Ann. § 76-6-1203. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Utah Code Ann. § 76-6-1203.

What is the penalty for mortgage fraud in Utah?

Penalties for Mortgage fraud
PenaltyRangeBasisAuthority
Jail / prisonMortgage fraud (value $500 to $1,500) — Applies when the value obtained or sought is or exceeds $500 but is less than $1,500.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1))discretionaryUtah Code Ann. § 76-3-204
Fineup to $2,500 (Mortgage fraud (value $500 to $1,500) — Applies when the value obtained or sought is or exceeds $500 but is less than $1,500.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-204
Jail / prisonup to 5 years (Mortgage fraud (value $1,500 to $5,000) — Applies when the value obtained or sought is or exceeds $1,500 but is less than $5,000.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $5,000 (Mortgage fraud (value $1,500 to $5,000) — Applies when the value obtained or sought is or exceeds $1,500 but is less than $5,000.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203
Jail / prison1 years to 15 years (Mortgage fraud (value $5,000 or more) — Applies when the value obtained or sought is or exceeds $5,000.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $10,000 (Mortgage fraud (value $5,000 or more) — Applies when the value obtained or sought is or exceeds $5,000.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203
Jail / prison1 years to 15 years (Mortgage fraud (purpose is obtaining sensitive personal identifying information) — Applies when the object or purpose of the mortgage fraud is to obtain sensitive personal identifying information, regardless of the value involved.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $10,000 (Mortgage fraud (purpose is obtaining sensitive personal identifying information) — Applies when the object or purpose of the mortgage fraud is to obtain sensitive personal identifying information, regardless of the value involved.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203

Applies to current (2026 General Session).

How is mortgage fraud classified in Utah?

The classification depends on the circumstances:

Classification variants for Mortgage fraud
VariantClassificationWhen it appliesStatute
Mortgage fraud (value $500 to $1,500)Class A MisdemeanorApplies when the value obtained or sought is or exceeds $500 but is less than $1,500.Utah Code Ann. § 76-6-1203(3)(a)(i)
Mortgage fraud (value $1,500 to $5,000)Third Degree FelonyApplies when the value obtained or sought is or exceeds $1,500 but is less than $5,000.Utah Code Ann. § 76-6-1203(3)(a)(ii)
Mortgage fraud (value $5,000 or more)Second Degree FelonyApplies when the value obtained or sought is or exceeds $5,000.Utah Code Ann. § 76-6-1203(3)(a)(iii)
Mortgage fraud (purpose is obtaining sensitive personal identifying information)Second Degree FelonyApplies when the object or purpose of the mortgage fraud is to obtain sensitive personal identifying information, regardless of the value involved.Utah Code Ann. § 76-6-1203(3)(a)(iv)

Common questions about mortgage fraud in Utah

Is mortgage fraud a felony or a misdemeanor in Utah?

It depends on the circumstances: mortgage fraud ranges from a Class A Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-6-1203.

Mortgage fraud (value $500 to $1,500): Class A Misdemeanor (Utah Code Ann. § 76-6-1203(3)(a)(i)) · Mortgage fraud (value $1,500 to $5,000): Third Degree Felony (Utah Code Ann. § 76-6-1203(3)(a)(ii)) · Mortgage fraud (value $5,000 or more): Second Degree Felony (Utah Code Ann. § 76-6-1203(3)(a)(iii)) · Mortgage fraud (purpose is obtaining sensitive personal identifying information): Second Degree Felony (Utah Code Ann. § 76-6-1203(3)(a)(iv))

What are the penalties for mortgage fraud in Utah?

Penalties for mortgage fraud in Utah depend on how it is classified — from a Class A Misdemeanor up to a Second Degree Felony — with the ranges set by Utah Code Ann. § 76-3-204 and Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.

Which Utah statute covers mortgage fraud?

Mortgage fraud is governed by Utah Code Ann. § 76-6-1203 (Mortgage fraud).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.