Florida mortgage fraud law addresses specified conduct in the residential mortgage lending process. The elements and potential consequences depend on the charge and the evidence.
Florida Statutes § 817.545 covers conduct involving material misstatements, omissions, proceeds, and documents when the statutory mental state is present. A mistake or inaccurate figure alone does not establish every element of the offense. The charging document and underlying records matter.
Loan value and penalties
The statute generally treats a violation as a third-degree felony, but a violation involving a loan value stated on documents exceeding $100,000 is a second-degree felony. The threshold concerns the stated loan value under the statute, rather than simply the amount of an alleged loss or proceeds. Sentencing depends on the charge, criminal history, applicable guidelines, and case facts. Mortgage fraud does not by itself create sex-offender registration.
What to preserve
Keep the application, closing disclosure, communications with brokers and lenders, appraisals, underwriting requests, and versions of disputed documents. Do not alter records. If investigators contact you, discuss your rights with counsel before making a statement. State and federal authorities may examine related conduct under different laws. Counsel can analyze who made a statement, whether it was material, the person’s knowledge, and any available defenses.
Roy J. Kahn, P.A. represents people facing criminal allegations in the Miami area. No outcome can be guaranteed.
This is general information, not legal advice.
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