ARS 13-2320: Residential mortgage fraud
The complete text of A.R.S. § 13-2320 on residential mortgage fraud, what the State has to prove, and the sentencing range, with a violation charged as a class 2 through 4 felony and exposure reaching up to 12.5 years in prison.
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What the State Must Prove Under § 13-2320
A.R.S. § 13-2320 is the Arizona statute on residential mortgage fraud. The statute sets out 4 ways the offense can be committed. A violation is a class 2 through 4 felony, depending on the paragraph charged and what the State can prove. The maximum exposure is 12.5 years in prison.
A. A person commits residential mortgage fraud if, with the intent to defraud, the person does any of the following:
- Knowingly makes any deliberate misstatement, misrepresentation or material omission during the mortgage lending process that is relied on by a mortgage lender, borrower or other party to the mortgage lending process.
- Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation or material omission during the mortgage lending process that is relied on by a mortgage lender, borrower or other party to the mortgage lending process.
- Receives any proceeds or other monies in connection with a residential mortgage loan that the person knows resulted from a violation of paragraph 1 or 2 of this subsection.
- Files or causes to be filed with the office of the county recorder of any county of this state any residential mortgage loan document that the person knows to contain a deliberate misstatement, misrepresentation or material omission.
The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.
Penalties for a § 13-2320 Conviction
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 felony | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| Class 4 felony | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 13-2320
A. A person commits residential mortgage fraud if, with the intent to defraud, the person does any of the following:
1. Knowingly makes any deliberate misstatement, misrepresentation or material omission during the mortgage lending process that is relied on by a mortgage lender, borrower or other party to the mortgage lending process.
2. Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation or material omission during the mortgage lending process that is relied on by a mortgage lender, borrower or other party to the mortgage lending process.
3. Receives any proceeds or other monies in connection with a residential mortgage loan that the person knows resulted from a violation of paragraph 1 or 2 of this subsection.
4. Files or causes to be filed with the office of the county recorder of any county of this state any residential mortgage loan document that the person knows to contain a deliberate misstatement, misrepresentation or material omission.
B. An offense involving residential mortgage fraud shall not be based solely on information that is lawfully disclosed under federal disclosure laws, regulations and interpretations related to the mortgage lending process.
C. This section does not apply to a person who is not aware that the information that is relied on by the mortgage lender, borrower or other party to the mortgage lending process is a deliberate misstatement, misrepresentation or material omission.
D. A person who violates this section is guilty of a class 4 felony, except that a person who engages or participates in a pattern of residential mortgage fraud or who conspires to engage or participate in a pattern of residential mortgage fraud is guilty of a class 2 felony.
E. For the purposes of this section:
1. “Mortgage lending process” means the process through which a person seeks or obtains a residential mortgage loan including solicitation, application, origination, negotiation of terms, third-party provider services, underwriting, signing, closing and funding of the loan.
2. “Pattern of residential mortgage fraud” means one or more violations of subsection A that involve two or more residential properties and that have the same or similar intents, results, accomplices, victims or methods of commission or are otherwise interrelated by distinguishing characteristics.
3. “Residential mortgage loan” means a loan or agreement to extend credit to a person that is secured by a deed to secure debt, security deed, mortgage, security interest, deed of trust or other document representing a security interest or lien on any interest in one to four family residential property and includes the renewal or refinancing of any loan.
Source: Arizona Revised Statutes § 13-2320, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Our Guides on This Charge
Written by our defense team on how these cases run in Arizona courts.
Related Statutes in Chapter 23 — Organized Crime, Fraud And Terrorism
- A.R.S. § 13-2319 — Smuggling
- A.R.S. § 13-2321 — Participating in or assisting a criminal street gang
- A.R.S. § 13-2322 — Unlawful transactions involving drop house properties
- A.R.S. § 13-2317 — Money laundering
- A.R.S. § 13-2323 — Participating in a human smuggling organization or operation
- A.R.S. § 13-2316 — Computer tampering
- A.R.S. § 13-2316.01 — Unlawful possession of an access device
- A.R.S. § 13-2316.02 — Unauthorized release of proprietary or confidential computer security information
How Tamou Law Group Defends § 13-2320 Cases
A § 13-2320 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 2 through 4 felony and something far less serious, and it is where these cases are won.
We handle residential mortgage fraud cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Frequently Asked Questions
What is A.R.S. § 13-2320?
A.R.S. § 13-2320 is the Arizona statute on residential mortgage fraud. A violation is a class 2 through 4 felony, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-2320 a felony in Arizona?
Yes. Under the statute a violation is a class 2 through 4 felony, so the exposure reaches up to 12.5 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 2 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 2 felony at 3 years to 12.5 years, with a presumptive term of 5 years. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
Where can I read the official text of § 13-2320?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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