Florida Defines Mortgage Fraud: Pretender Lenders Included

You will find similar provisions in virtually every state and without much variation. It is no exaggeration to say that the “enforcement” of invalid mortgages and notes are acts of fraud. By this time there is no possibility of claiming ignorance on the part of anyone who is not in a coma and who is involved in the representation of pretender lenders or is a pretender lender. Provisions purporting to protect Trustees from liability do NOT apply if they are acting on concert with parties whom it knows are not the proper parties. Same story with notaries, witnesses and signatories to documents which they know are fabricated, forged or altered with fraudulent intent.

817.545  Mortgage fraud.—
(2)  A person commits the offense of mortgage fraud if, with the intent to defraud, the person knowingly:
(d)  Files or causes to be filed with the clerk of the circuit court for any county of this state a document involved in the mortgage lending process which contains a material misstatement, misrepresentation, or omission.

(4)  For the purpose of venue under this section, any violation of this section is considered to have been committed:

(a)  In the county in which the real property is located; or

(b)  In any county in which a material act was performed in furtherance of the violation.

(5)(a)  Any person who violates subsection (2) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b)  Any person who violates subsection (2), and the loan value stated on documents used in the mortgage lending process exceeds $100,000, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084

and Florida Statues on FORGERY AND COUNTERFEITING

831.01  Forgery.–Whoever falsely makes, alters, forges or counterfeits a public record, or a certificate, return or attestation of any clerk or register of a court, public register, notary public, town clerk or any public officer, in relation to a matter wherein such certificate, return or attestation may be received as a legal proof; or a charter, deed, will, testament, bond, or writing obligatory, letter of attorney, policy of insurance, bill of lading, bill of exchange or promissory note, or an order, acquittance, or discharge for money or other property, or an acceptance of a bill of exchange or promissory note for the payment of money, or any receipt for money, goods or other property, or any passage ticket, pass or other evidence of transportation issued by a common carrier, with intent to injure or defraud any person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

831.02  Uttering forged instruments.–Whoever utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in s. 831.01 knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud any person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

831.06  Fictitious signature of officer of corporation.–If a fictitious or pretended signature, purporting to be the signature of an officer or agent of a corporation, is fraudulently affixed to any instrument or writing purporting to be a note, draft or evidence of debt issued by such corporation, with intent to pass the same as true, it shall be deemed a forgery, though no such person may ever have been an officer or agent of such corporation, or ever have existed.

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, Mortgage, predatory lending, securitization, trustee
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