PART V.  DUAL OR FRAUDULENT CONTRACTS

§2989.  Dual contracts; definition; violations; penalties

A.  As used in this Part the term "dual contracts" means two written contracts entered into between identical contracting parties in identical capacities concerning the same parcel of real property, one of which states the true and actual purchase price and one of which states a purchase price in excess of the true and actual purchase price and is used as an inducement for mortgage investors to make a loan commitment on such real property in reliance upon the stated inflated value.  

B.  A fraudulent instrument is any paper, document or other form in writing that is intentionally used as a subterfuge or device to induce the making of a loan or the extension of credit as a part of a transaction whereby either the title to real property is transferred or valuable improvements are placed on real property in this state, whether for the benefit of the inducer or another.  

C.  No person, firm or corporation, or any agent or employee of any such firm or corporation shall, with intent to defraud:

(1)  Make or issue a dual contract for the purchase of real property, or

(2)  Substitute one instrument in writing for another and by such means cause the making of a loan or the extension of credit, with respect to transactions whereby either the title to real property is transferred or valuable improvements are placed on real property in this state, whether for the benefit of the inducer or another;

(3)  Induce by any fraudulent instrument in writing the making of a loan or the extension of credit as a part of a transaction whereby either the title to real property is transferred or valuable improvements are placed on real property in this state, whether for the benefit of the inducer or another.

D.  Whoever violates any provision of this Subsection shall be fined not more than one thousand dollars.  For the second and all following violations the penalty shall be a fine of not less than one thousand dollars nor more than five thousand dollars.  

E.  Anything contained herein to the contrary notwithstanding, the provisions of this section shall not apply to loans made by mortgage investors who rely on an independent appraisal of the property in granting such loan.  

Added by Acts 1968, No. 415, §1.