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Amendment CaShTmL-182894.HTM
    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB's 352 & 240
                        Barcode 182894
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RCS             .                    
       04/17/2007 06:59 PM         .                    
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 4  ______________________________________________________________
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11  The Committee on Judiciary (Fasano) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 817.545, Florida Statutes, is
19  created to read:
20         817.545  Real property fraud.--
21         (1)  For the purposes of the section, the term
22  "mortgage lending process" means the process through which a
23  person seeks or obtains a residential mortgage loan,
24  including, but not limited to, the solicitation, application
25  or origination, negotiation of terms, third-party provider
26  services, underwriting, signing and closing, and funding of
27  the loan. Documents involved in the mortgage lending process
28  include, but are not limited to, mortgages, deeds, surveys,
29  inspection reports, uniform residential loan applications, or
30  other loan applications; appraisal reports; HUD-1 settlement
31  statements; supporting personal documentation for loan
                                  1
    6:18 PM   04/13/07                           s0352c1d-ju11-c02

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB's 352 & 240 Barcode 182894 1 applications such as W-2 forms, verifications of income and 2 employment, credit reports, bank statements, tax returns, and 3 payroll stubs; and any required disclosures. 4 (2) A person commits the offense of real property 5 fraud if, with the intent to defraud, the person knowingly: 6 (a) Makes any material misstatement, 7 misrepresentation, or omission during the mortgage lending 8 process with the intention that the misstatement, 9 misrepresentation, or omission will be relied on by a mortgage 10 lender, borrower, or any other person or entity involved in 11 the mortgage lending process; however, omissions on a loan 12 application regarding employment, income, or assets for a loan 13 which does not require this information are not considered a 14 material omission for purposes of this subsection. 15 (b) Uses or facilitates the use of any material 16 misstatement, misrepresentation, or omission during the 17 mortgage lending process with the intention that the material 18 misstatement, misrepresentation, or omission will be relied on 19 by a mortgage lender, borrower, or any other person or entity 20 involved in the mortgage lending process; however, omissions 21 on a loan application regarding employment, income, or assets 22 for a loan which does not require this information are not 23 considered a material omission for purposes of this 24 subsection. 25 (c) Receives any proceeds or any other funds in 26 connection with the mortgage lending process that the person 27 knew resulted from a violation of paragraph (a) or paragraph 28 (b). 29 (d) Files or causes to be filed with the clerk of the 30 circuit court for any county of this state a document involved 31 in the mortgage lending process which contains a material 2 6:18 PM 04/13/07 s0352c1d-ju11-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB's 352 & 240 Barcode 182894 1 misstatement, misrepresentation, or omission. 2 (3) An offense of real property fraud may not be 3 predicated solely upon information lawfully disclosed under 4 federal disclosure laws, regulations, or interpretations 5 related to the mortgage lending process. 6 (4) For the purpose of venue under this section, any 7 violation of this section is considered to have been 8 committed: 9 (a) In the county in which the real property is 10 located; or 11 (b) In any county in which a material act was 12 performed in furtherance of the violation. 13 (5) Any person who violates subsection (2) commits a 14 felony of the third degree, punishable as provided in s. 15 775.082, s. 775.083, or s. 775.084. 16 Section 2. This act shall take effect October 1, 2007. 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 Delete everything before the enacting clause 22 23 and insert: 24 A bill to be entitled 25 An act relating to real property fraud; 26 creating s. 817.545, F.S.; defining the term 27 "mortgage lending process"; specifying the 28 elements of the offense of real property fraud; 29 providing that such offense is a third-degree 30 felony; providing for venue with respect to the 31 committed offense; providing penalties; 3 6:18 PM 04/13/07 s0352c1d-ju11-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB's 352 & 240 Barcode 182894 1 providing an effective date. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 6:18 PM 04/13/07 s0352c1d-ju11-c02
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