Florida Statute 494.0019 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 494
LOAN ORIGINATORS AND MORTGAGE BROKERS

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F.S. 494.0019

494.0019 Liability in case of unlawful transaction.—

(1) If a mortgage loan transaction is made in violation of any provision of this chapter, the person making the transaction and every licensee, director, or officer who participated in making the transaction are jointly and severally liable to every party to the transaction in an action for damages incurred by the party or parties.

(2) A person is not liable under this section upon a showing that such person’s licensees, officers, and directors who participated in making the mortgage loan transaction, if any, acted in good faith and without knowledge and, with the exercise of due diligence, could not have known of the act committed in violation of this chapter.

History.—ss. 10, 50, ch. 91-245; s. 4, ch. 91-429; s. 210, ch. 92-303; s. 11, ch. 2009-241.

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Amendments to 494.0019

Arrestable Offenses / Crimes under Fla. Stat. 494.0019

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 494.0019.

Annotations, Discussions, Cases:

Cases Citing Statute 494.0019

Total Results: 2

Andruss v. Andruss

Court: Supreme Court of Florida | Date Filed: 1940-10-25

Citation: 198 So. 213, 144 Fla. 641, 1940 Fla. LEXIS 1110

Snippet: respects to past due installments. 17 Am. Jur., 494; 19 C. J. 309; Kennard v. Kennard, 131 Fla. 473, text

Holliday v. McKinne

Court: Supreme Court of Florida | Date Filed: 1886-01-15

Citation: 22 Fla. 153

Snippet: Kansas, 344; 5 Wait’s Actions and Defences, p. 494, §19 ; Richardson vs. Steele, 9 Neb., 483 ; Child vs