Florida Statute 494.0025 - Full Text and Legal Analysis

The 2025 Florida Statutes

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

Chapter 494
LOAN ORIGINATORS AND MORTGAGE BROKERS

View Entire Chapter

F.S. 494.0025

494.0025 Prohibited practices.—It is unlawful for any person:

(1) To act as a loan originator in this state without a current, active license issued by the office pursuant to part II of this chapter.

(2) To act as a mortgage broker in this state without a current, active license issued by the office pursuant to part II of this chapter.

(3) To act as a mortgage lender in this state without a current, active license issued by the office pursuant to part III of this chapter.

(4) In any practice or transaction or course of business relating to the sale, purchase, negotiation, promotion, advertisement, or hypothecation of mortgage loan transactions, directly or indirectly:

(a) To knowingly or willingly employ any device, scheme, or artifice to defraud;

(b) To engage in any transaction, practice, or course of business which operates as a fraud upon any person in connection with the purchase or sale of any mortgage loan;

(d) To misrepresent a residential mortgage loan, as described in s. 494.001(25)(a), as a business purpose loan.

(5) In any matter within the jurisdiction of the office, to knowingly and willfully falsify, conceal, or cover up by a trick, scheme, or device a material fact, make any false or fraudulent statement or representation, or make or use any false writing or document, knowing the same to contain any false or fraudulent statement or entry.

(6) To violate s. 655.922(2), subject to this chapter.

(7) To pay a fee or commission in any mortgage loan transaction to any person or entity other than a licensed mortgage broker or mortgage lender, or a person exempt from licensure under this chapter.

(8) To record a mortgage broker agreement or any other document, not rendered by a court of competent jurisdiction, which purports to enforce the terms of the agreement.

(9) To use the name or logo of a financial institution, as defined in s. 655.005(1), or its affiliates or subsidiaries when marketing or soliciting existing or prospective customers if such marketing materials are used without the written consent of the financial institution and in a manner that would lead a reasonable person to believe that the material or solicitation originated from, was endorsed by, or is related to or the responsibility of the financial institution or its affiliates or subsidiaries.

(10) Subject to investigation or examination under this chapter, to knowingly alter, withhold, conceal, or destroy any books, records, computer records, or other information relating to a person’s activities which subject the person to the jurisdiction of this chapter.

History.—ss. 16, 50, ch. 91-245; s. 4, ch. 91-429; s. 4, ch. 95-313; s. 7, ch. 99-213; s. 523, ch. 2003-261; s. 1, ch. 2004-340; s. 84, ch. 2004-390; s. 14, ch. 2009-241; s. 3, ch. 2018-61.

F.S. 494.0025 on Google Scholar

F.S. 494.0025 on CourtListener

Amendments to 494.0025

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 494.0025

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

S494.0025 1 - CRIMES AGAINST PERSON - RENUMBERED. SEE REC #7125 - F: F

S494.0025 1 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC #7124 - F: T

S494.0025 1 - FRAUD - ACT AS LOAN ORIGINATOR WO LICENSE - F: T

S494.0025 1 - FRAUD - LOAN ORIGINATOR WO LIC OVER 50K DOLS 5 VICTIMS - F: F

S494.0025 2 - CRIMES AGAINST PERSON - RENUMBERED. SEE REC #7127 - F: F

S494.0025 2 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC #7126 - F: T

S494.0025 2 - FRAUD - ACT AS MORTGAGE BROKER WO LICENSE - F: T

S494.0025 2 - FRAUD - MORTG BROKER WO LIC OVER 50K DOLS 5 VICTIMS - F: F

S494.0025 3 - CRIMES AGAINST PERSON - RENUMBERED. SEE REC #7129 - F: F

S494.0025 3 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC #7128 - F: T

S494.0025 3 - FRAUD - ACT AS MORTGAGE LENDER WO LICENSE - F: T

S494.0025 3 - FRAUD - MORTG LENDER WO LIC OVER 50K DOLS 5 VICTIMS - F: F

S494.0025 4a - FRAUD - USE DEVICE SCHEME DEFRAUD OVER 50K DOLS 5 VICT - F: F

S494.0025 4a - FRAUD - USE DEVICE SCHEME TO DEFRAUD - F: T

S494.0025 4b - FRAUD - PURCHASE SALE MTG LOAN OVER 50K DOLS 5 VICTIMS - F: F

S494.0025 4b - FRAUD - PURCHASE OR SALE OF MORTGAGE LOAN - F: T

S494.0025 4c - FRAUD - OBTAIN PROPERTY FRAUD OVER 50K DOLS 5 VICTIMS - F: F

S494.0025 4c - FRAUD - OBTAIN PROPERTY BY FRAUD - F: T

S494.0025 4d - FRAUD - MISREP RESIDEN MORT LOAN AS BUSINESS PURP LOAN - F: T

S494.0025 5 - FRAUD - MATERIAL FACT DOCUMENT OVER 50K DOLS 5 VICTIMS - F: F

S494.0025 5 - FRAUD - FALSIFY MATERIAL FACT OR DOCUMENT - F: T

Cases Citing Statute 494.0025

Total Results: 6

Linville v. Ginn Real Estate Co., LLC

697 F. Supp. 2d 1302, 2010 U.S. Dist. LEXIS 36897, 2010 WL 1063704

District Court, M.D. Florida | Filed: Mar 10, 2010 | Docket: 2182297

Cited 28 times | Published

Defendant SunTrust's violation of Florida Statute § 494.0025 (Count V); (6) rescission of the mortgage and

AGATE v. Clampitt

80 So. 3d 450, 2012 WL 592883, 2012 Fla. App. LEXIS 3011

District Court of Appeal of Florida | Filed: Feb 24, 2012 | Docket: 2414439

Cited 3 times | Published

a violation of section 494.0025, Florida Statutes (1996). We agree. Section 494.0025 bars a person from

Owens-Benniefield v. Nationstar Mortgage LLC

258 F. Supp. 3d 1300

District Court, M.D. Florida | Filed: Jun 15, 2017 | Docket: 64314538

Cited 2 times | Published

Stat. Count 9 alleges Nationstar violated section 494.0025(4)-(5), Fla. Stat., by telling Owens-Benniefield

Equity Corp. Holdings, Inc. v. Dept. of Banking and Finance

772 So. 2d 588, 2000 WL 1759858

District Court of Appeal of Florida | Filed: Dec 1, 2000 | Docket: 1729446

Cited 2 times | Published

without being licensed by the Department. See § 494.0025(1), Fla. Stat. (1997). [3] According to 494

Pazmino v. Gonzalez

273 So. 3d 1056

District Court of Appeal of Florida | Filed: Mar 27, 2019 | Docket: 14809053

Cited 1 times | Published

2 practices” as defined in section 494.0025, Florida Statutes (2007), including the receipt

Bank of America, N.A. v. Nash

200 So. 3d 131, 2016 Fla. App. LEXIS 6973, 2016 WL 2596015

District Court of Appeal of Florida | Filed: May 6, 2016 | Docket: 3063757

Cited 1 times | Published

current active license, see section 494.0025(1), Florida Statutes (2005), there are exceptions