Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1824
Barcode 271208
CHAMBER ACTION
Senate House
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1 Comm: WD .
04/17/2007 12:03 PM .
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10 ______________________________________________________________
11 The Committee on General Government Appropriations (Bennett)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 19, between lines 2 and 3,
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17 insert:
18 Section 13. Section 817.545, Florida Statutes, is
19 created to read:
20 817.545 Mortgage 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
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7:27 AM 04/16/07 s1824c2c-ga21-tl9
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1824
Barcode 271208
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 mortgage fraud if,
5 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
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7:27 AM 04/16/07 s1824c2c-ga21-tl9
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1824
Barcode 271208
1 misstatement, misrepresentation, or omission.
2 (3) An offense of mortgage fraud may not be predicated
3 solely upon information lawfully disclosed under federal
4 disclosure laws, regulations, or interpretations related to
5 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.
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17 (Redesignate subsequent sections.)
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20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 On page 2, line 16, after the semicolon
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24 insert:
25 creating s. 817.545, F.S.; defining the term
26 "mortgage lending process"; specifying the
27 elements of the offense of mortgage fraud;
28 providing for venue with respect to the
29 committed offense; providing that a person who
30 commits the offense of mortgage fraud commits a
31 felony of the third degree; providing criminal
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7:27 AM 04/16/07 s1824c2c-ga21-tl9
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1824
Barcode 271208
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