(1) For the purposes of the section, the term “mortgage lending process” means the process through which a person seeks or obtains a residential mortgage loan, including, but not limited to, the solicitation, application or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. Documents involved in the mortgage lending process include, but are not limited to, mortgages, deeds, surveys, inspection reports, uniform residential loan applications, or other loan applications; appraisal reports; HUD-1 settlement statements; supporting personal documentation for loan applications such as W-2 forms, verifications of income and employment, credit reports, bank statements, tax returns, and payroll stubs; and any required disclosures.
(2) A person commits the offense of mortgage fraud if, with the intent to defraud, the person knowingly:
(a) Makes any material misstatement, misrepresentation, or omission during the mortgage lending process with the intention that the misstatement, misrepresentation, or omission will be relied on by a mortgage lender, borrower, or any other person or entity involved in the mortgage lending process; however, omissions on a loan application regarding employment, income, or assets for a loan which does not require this information are not considered a material omission for purposes of this subsection.
(b) Uses or facilitates the use of any material misstatement, misrepresentation, or omission during the mortgage lending process with the intention that the material misstatement, misrepresentation, or omission will be relied on by a mortgage lender, borrower, or any other person or entity involved in the mortgage lending process; however, omissions on a loan application regarding employment, income, or assets for a loan which does not require this information are not considered a material omission for purposes of this subsection.
(c) Receives any proceeds or any other funds in connection with the mortgage lending process that the person knew resulted from a violation of paragraph (a) or paragraph (b).
(d) Files or causes to be filed with the clerk of the circuit court for any county of this state a document involved in the mortgage lending process which contains a material misstatement, misrepresentation, or omission.
(3) An offense of mortgage fraud may not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, or interpretations related to the mortgage lending process.
(4) For the purpose of venue under this section, any violation of this section is considered to have been committed:
(a) In the county in which the real property is located; or
(b) In any county in which a material act was performed in furtherance of the violation.
(5)(a) Any person who violates subsection (2) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Any person who violates subsection (2), and the loan value stated on documents used in the mortgage lending process exceeds $100,000, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 13, ch. 2007-182; s. 2, ch. 2008-80.
Structure Florida Statutes
Chapter 817 - Fraudulent Practices
Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.569)
817.02 - Obtaining property by false personation.
817.021 - False information to obtain a seaport security identification card.
817.025 - Home or private business invasion by false personation; penalties.
817.03 - Making false statement to obtain property or credit.
817.031 - Making false statements; venue of prosecution.
817.032 - Information available to identity theft victims.
817.034 - Florida Communications Fraud Act.
817.0345 - Prohibition of fraudulent marketing practices.
817.05 - False statements to merchants as to financial condition.
817.06 - Misleading advertisements prohibited; penalty.
817.061 - Misleading solicitation of payments prohibited.
817.08 - Receiving money or property upon false promises of services as seaman or sponge fisher.
817.11 - Obtaining property by fraudulent promise to furnish inside information.
817.14 - Procuring assignments of produce upon false representations.
817.15 - False entries in books of business entity.
817.16 - False reports, etc., by officers of banks, trust companies, etc., with intent to defraud.
817.17 - Wrongful use of city, county, or other political subdivision name.
817.18 - Wrongful marking with a city, county, or other political subdivision name.
817.19 - Fraudulent issue of stock certificate or indicia of membership interest.
817.20 - Issuing stock or obligation of corporation beyond authorized amount.
817.21 - Books to be evidence in such cases.
817.22 - Making false invoice to defraud insurer.
817.23 - Making false affidavit to defraud insurer.
817.233 - Burning to defraud the insurer.
817.234 - False and fraudulent insurance claims.
817.2341 - False or misleading statements or supporting documents; penalty.
817.235 - Personal property; removing or altering identification marks.
817.236 - False and fraudulent motor vehicle insurance application.
817.2361 - False or fraudulent proof of motor vehicle insurance.
817.24 - Unlawful to add or alter or deface existing brand.
817.25 - Fraudulently marking or branding.
817.26 - Fraudulently changing marks on animal.
817.265 - False or fraudulent proof of need for an emotional support animal.
817.28 - Fraudulent obtaining of property by gaming.
817.30 - Punishment for unlawful use of badge of certain orders and organizations.
817.31 - Unlawful use of insignia of American Legion; penalty.
817.311 - Unlawful use of badges, etc.
817.312 - Unlawful use of uniforms, medals, or insignia.
817.32 - Fraudulent operation of coin-operated devices.
817.33 - Manufacture, etc., of slugs to be used in coin-operated devices prohibited.
817.34 - False entries and statements by investment companies offering stock or security for sale.
817.35 - Sale of cemetery lots or mausoleum space; promises.
817.355 - Fraudulent creation or possession of admission ticket.
817.357 - Purchase of tickets.
817.361 - Sale or transfer of multiuse tickets.
817.37 - Touting; defining; providing punishment; ejection from racetracks.
817.40 - False, misleading and deceptive advertising and sales; definitions.
817.41 - Misleading advertising prohibited.
817.411 - False information; advertising.
817.4115 - False, deceptive, or misleading advertisement of live musical performances.
817.412 - Sale of used goods as new; penalty.
817.413 - Sale of used motor vehicle goods as new; penalty.
817.414 - Sale of counterfeit security signs and decals.
817.415 - Florida Free Gift Advertising Law.
817.416 - Franchises and distributorships; misrepresentations.
817.417 - Government Impostor and Deceptive Advertisements Act.
817.418 - Offering for sale or advertising personal protective equipment with intent to defraud.
817.44 - Intentional false advertising prohibited.
817.47 - Insurance advertising exempt.
817.481 - Credit or purchases; obtaining illicitly.
817.4821 - Cellular telephone counterfeiting offenses.
817.484 - Obtaining telephone calling records by fraudulent means prohibited.
817.487 - Telephone caller identification systems.
817.49 - False reports of commission of crimes; penalty.
817.504 - Offering or advertising a vaccine with intent to defraud.
817.505 - Patient brokering prohibited; exceptions; penalties.
817.53 - False charges for radio and television repairs and parts; penalty.
817.535 - Unlawful filing of false documents or records against real or personal property.
817.54 - Obtaining of mortgage, mortgage note, promissory note, etc., by false representation.
817.55 - Tourist attraction advertisement; misleading use of the word “free.”
817.554 - Fraudulently offering for sale tour or travel-related services.
817.558 - Water-treatment devices.
817.561 - Violations may be enjoined.
817.5615 - Marks required on optical discs; prohibited acts; penalties.
817.562 - Fraud involving a security interest.
817.5621 - Unlawful subleasing of a motor vehicle.
817.563 - Controlled substance named or described in s. 893.03; sale of substance in lieu thereof.
817.564 - Imitation controlled substances defined; possession and distribution prohibited.
817.565 - Urine testing, fraudulent practices; penalties.
817.5655 - Unlawful use of DNA; penalties; exceptions.
817.568 - Criminal use of personal identification information.
817.5685 - Unlawful possession of the personal identification information of another person.