July 17, 2019
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
Amendment CaShTmL-463306.HTM
    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 1824
                        Barcode 463306
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3         Floor: WD/3R            .                    
       04/23/2007 04:56 PM         .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senators Margolis and Fasano moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 19, between lines 2 and 3,
15  
16  insert:  
17         Section 13.  Section 817.545, Florida Statutes, is
18  created to read:
19         817.545  Real property fraud.--
20         (1)  For the purposes of the section, the term
21  "mortgage lending process" means the process through which a
22  person seeks or obtains a residential mortgage loan,
23  including, but not limited to, the solicitation, application
24  or origination, negotiation of terms, third-party provider
25  services, underwriting, signing and closing, and funding of
26  the loan. Documents involved in the mortgage lending process
27  include, but are not limited to, mortgages, deeds, surveys,
28  inspection reports, uniform residential loan applications, or
29  other loan applications; appraisal reports; HUD-1 settlement
30  statements; supporting personal documentation for loan
31  applications such as W-2 forms, verifications of income and
                                  1
    1:26 PM   04/23/07                             s1824c2c-35-k0a

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 1824 Barcode 463306 1 employment, credit reports, bank statements, tax returns, and 2 payroll stubs; and any required disclosures. 3 (2) A person commits the offense of real property 4 fraud if, with the intent to defraud, the person knowingly: 5 (a) Makes any material misstatement, 6 misrepresentation, or omission during the mortgage lending 7 process with the intention that the misstatement, 8 misrepresentation, or omission will be relied on by a mortgage 9 lender, borrower, or any other person or entity involved in 10 the mortgage lending process; however, omissions on a loan 11 application regarding employment, income, or assets for a loan 12 which does not require this information are not considered a 13 material omission for purposes of this subsection. 14 (b) Uses or facilitates the use of any material 15 misstatement, misrepresentation, or omission during the 16 mortgage lending process with the intention that the material 17 misstatement, misrepresentation, or omission will be relied on 18 by a mortgage lender, borrower, or any other person or entity 19 involved in the mortgage lending process; however, omissions 20 on a loan application regarding employment, income, or assets 21 for a loan which does not require this information are not 22 considered a material omission for purposes of this 23 subsection. 24 (c) Receives any proceeds or any other funds in 25 connection with the mortgage lending process that the person 26 knew resulted from a violation of paragraph (a) or paragraph 27 (b). 28 (d) Files or causes to be filed with the clerk of the 29 circuit court for any county of this state a document involved 30 in the mortgage lending process which contains a material 31 misstatement, misrepresentation, or omission. 2 1:26 PM 04/23/07 s1824c2c-35-k0a
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 1824 Barcode 463306 1 (3) An offense of real property fraud may not be 2 predicated solely upon information lawfully disclosed under 3 federal disclosure laws, regulations, or interpretations 4 related to the mortgage lending process. 5 (4) For the purpose of venue under this section, any 6 violation of this section is considered to have been 7 committed: 8 (a) In the county in which the real property is 9 located; or 10 (b) In any county in which a material act was 11 performed in furtherance of the violation. 12 (5) Any person who violates subsection (2) commits a 13 felony of the third degree, punishable as provided in s. 14 775.082, s. 775.083, or s. 775.084. 15 16 (Redesignate subsequent sections.) 17 18 19 ================ T I T L E A M E N D M E N T =============== 20 And the title is amended as follows: 21 On page 2, line 16, following the semicolon 22 23 insert: 24 creating s. 817.545, F.S.; defining the term 25 "mortgage lending process"; specifying the 26 elements of the offense of real property fraud; 27 providing that such offense is a third-degree 28 felony; providing for venue with respect to the 29 committed offense; providing penalties; 30 31 3 1:26 PM 04/23/07 s1824c2c-35-k0a
Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2019 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader