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The Florida Senate

2007 Florida Statutes

Section 494.0043, Florida Statutes 2007

494.0043  Requirements for brokering loans to noninstitutional investors.--

(1)  A mortgage broker, when arranging a mortgage loan for a noninstitutional investor, shall:

(a)  Before any payment of money by a noninstitutional investor, provide an opinion of value from an appraiser stating the value of the security property unless the opinion is waived in writing. The opinion must state the value of the property as it exists on the date of the opinion. If any relationship exists between the broker and the appraiser, that relationship shall be disclosed to the investor.

(b)  Provide to the noninstitutional investor a mortgagee's title insurance policy or an opinion of title by an attorney licensed to practice law in the state, or a copy thereof.

1.  If a title insurance policy is issued, it must insure the noninstitutional investor against the unmarketability of the mortgagee's interest in such title. It shall also specify any superior liens that exist against the property. If an opinion of title is issued by an attorney licensed to practice law in the state, the opinion must include a statement as to the marketability of the title to the property described in the mortgage and specify the priority of the mortgage being closed.

2.  If the title insurance policy or opinion of title is not available at the time of purchase, the licensee shall provide a binder of the title insurance or conditional opinion of title. This binder or opinion must include any conditions or requirements needed to be corrected prior to the issuance of the final title policy or opinion of title. The binder or opinion must also include information concerning the requirements specified in subparagraph 1. Any conditions must be eliminated or waived in writing by the investor prior to delivery to the noninstitutional investor. The policy or opinion, or a copy thereof, shall be delivered to the investor within a reasonable period of time, not exceeding 6 months, after closing.

3.  The requirements of this paragraph may be waived in writing. If the requirements are waived by the noninstitutional investor, the waiver must include the following wording: "The noninstitutional investor acknowledges that the mortgage broker or mortgage lender brokering this mortgage loan is not providing a title insurance policy or opinion of title issued by an attorney who is licensed to practice law in the State of Florida. Any requirement for title insurance or for a legal opinion of title is the sole responsibility of the noninstitutional mortgage investor."

(c)  Provide, if the loan is other than a first mortgage, a statement showing the balance owed by the mortgagor on any existing mortgages prior to this investment and the status of such existing mortgages.

(d)  Provide a disclosure if the licensee is directly or indirectly acting as a borrower or principal in the transaction.

(2)  Each mortgage, or other instrument securing a note or assignment thereof, shall be recorded before being delivered to the noninstitutional investor. A mortgage broker shall cause the properly endorsed original note to be delivered to the noninstitutional investor.

(3)  Each mortgage and assignment shall be recorded as soon as practical, but no later than 30 business days after the date of closing.

(4)  Any money from a noninstitutional investor for disbursement at a mortgage loan closing shall be deposited with and disbursed by an attorney duly licensed in this state or by a title company duly licensed in this state. A person acting as a mortgage broker may not have control of any money from a noninstitutional investor. This subsection does not prohibit a licensee under ss. 494.003-494.0043 from receiving a mortgage brokerage fee upon the closing of the mortgage loan funded by the noninstitutional investor.

History.--ss. 30, 50, ch. 91-245; s. 4, ch. 91-429.