Crimes for Mortgage Fraud in Florida

Mortgage fraud that is prosecuted in state court is covered by Florida Statutes § 817.545(2) and (5).

As explained in § 817.545(3) Fla. Stat., the crime 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.

The jury instructions for mortgage fraud also recognize that “omissions on a loan application regarding employment, income, or assets for a loan which does not require this information are not considered material omissions for purposes of Mortgage Fraud.” § 817.545(1) Fla. Stat.”

More serious penalties apply if the mortgage fraud involves loan values stated on documents used in the mortgage lending process that exceed $100,000.

Attorney for Mortgage Fraud Crimes in Tampa, FL

Never make statements to state or federal law enforcement officers about any allegations of mortgage fraud until after you have spoken with an experienced criminal defense attorney.

We represent clients accused of fraud during the “mortgage lending process,” which includes obtaining a residential mortgage loan from the solicitation, application or origination, negotiation of terms, third-party provider services, underwriting, closing, and funding.

The attorneys at the Sammis Law Firm represent clients with different types of fraud accusations, including mortgage fraud, throughout the Tampa Bay area in and around Hillsborough County, FL, including Hernando County, Pasco County, Pinellas County, Manatee County, Sarasota County, and Polk County, FL.

If you are under investigation for any white-collar crime, including mortgage fraud, contact an experienced criminal defense attorney at the Sammis Law Firm.

Contact us today for a free, confidential consultation.

Call (813) 250-0500.

Florida’s Standard Jury Instruction for Mortgage Fraud

One way to understand Florida law in mortgage fraud cases is to read the standard jury instructions adopted in 2013.

The jury instructions for Mortgage Fraud in Florida require the prosecutor for the State of Florida to prove that the defendant knowingly had the intent to defraud and did one of the following:

a. made any material misstatement, misrepresentation, or omission during the mortgage lending process with the intent that the misstatement, misrepresentation or omission would be relied on by a mortgage lender, a borrower, or any other person or entity involved in the mortgage lending process;

b. used or facilitated the use of any material misstatement, misrepresentation or omission during the mortgage lending process with the intent that the material misstatement, misrepresentation, or omission would be relied on by a mortgage lender, a borrower, or any other person or entity involved in the mortgage lending process;

c. received any proceeds or other funds in connection with the mortgage lending process that he or she knew resulted from the making of any material misstatement, misrepresentation or omission during the mortgage lending process that was made with the intent that the misstatement, misrepresentation, omission would be relied on by a mortgage lender, a borrower; or any other person or entity involved in the mortgage lending process;

d. received any proceeds or other funds in connection with the mortgage lending process that he or she knew resulted from the use of any material misstatement, misrepresentation, omission during the mortgage lending process that was made with the intent that the material misstatement misrepresentation, omission would be relied on by a mortgage lender, a borrower; or any other person or entity involved in the mortgage lending process;

e. filed or caused to be filed with the clerk of the circuit court for any Florida county a document involved in the mortgage lending process which contained a material misstatement, misrepresentation, or omission.

Regarding the enhancement provision listed in § 817.545(5)(b) Fla. Stat., the standard jury instructions for mortgage fraud provide:

If you find that the defendant guilty of Mortgage Fraud, you must also determine if the State proved beyond a reasonable doubt whether the loan value stated on documents used in the mortgage lending process exceeded $100,000. § 817.545(2)(a) & (b) Fla. Stat.

Definitions in the Mortgage Fraud Statute

Florida law defines the term “documents involved in the mortgage lending process” to include the following:

• mortgages;
• deeds;
• HUD-1 settlement statements;
• appraisal reports;
• surveys;
• inspection reports;
• uniform residential loan applications;
• other loan applications;
• supporting personal documentation for loan applications, including:
  • W-2 forms;
  • payroll stubs;
  • bank statements;
  • credit reports;
  • tax returns;
  • verifications of income and employment; and
  • any required disclosures.

Florida law defines the term “knowingly” in the context of a mortgage fraud case as meaning that the defendant is aware of the act and is not acting through ignorance, mistake, or accident.

In a mortgage fraud case in Florida, the term “material” means a fact a reasonable person would use to decide whether to do or not to do something. A fact is material if it has the capacity or natural tendency to influence a person’s decision. Any misrepresentation or concealment must be reasonably calculated to deceive persons of ordinary prudence and comprehension. Definition. § 817.545(1) Fla. Stat.

Florida law defines the term “mortgage lending process” to mean “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.”

Read more about other types of white collar crimes for fraud prosecuted in Tampa, FL.

This article was last updated on Friday, July 19, 2024.