Florida Statutes

Fla. Stat. § 494.0025 (2025)

Prohibited practices.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 494.0025

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§494.0025(1)CRIMES AGAINST PERSONRENUMBERED. SEE REC #7125F · 1st

§494.0025(1)PUBLIC ORDER CRIMESRENUMBERED. SEE REC #7124F · 3rd

§494.0025(1)FRAUDACT AS LOAN ORIGINATOR W/O LICENSEF · 3rd

§494.0025(1)FRAUDRENUMBERED. SEE REC #10575F · 1st

§494.0025(1)FRAUD-IMPERSONACT AS LOAN ORIGNATR W/O LIC GT K W 5+ VICF · 1st

§494.0025(2)PUBLIC ORDER CRIMESRENUMBERED. SEE REC #7126F · 3rd

§494.0025(2)FRAUDACT AS MORTGAGE BROKER W/O LICENSEF · 3rd

§494.0025(2)CRIMES AGAINST PERSONRENUMBERED. SEE REC #7127F · 1st

§494.0025(2)FRAUDRENUMBERED. SEE REC #10576F · 1st

§494.0025(2)FRAUD-IMPERSONACT AS MORTG BROKER W/O LIC GT K W 5+ VICF · 1st

§494.0025(3)CRIMES AGAINST PERSONRENUMBERED. SEE REC #7129F · 1st

§494.0025(3)PUBLIC ORDER CRIMESRENUMBERED. SEE REC #7128F · 3rd

§494.0025(3)FRAUDACT AS MORTGAGE LENDER W/O LICENSEF · 3rd

§494.0025(3)FRAUDRENUMBERED. SEE REC #10577F · 1st

§494.0025(3)FRAUD-IMPERSONACT AS MORTG LENDER W/O LIC GT K W 5+ VICF · 1st

§494.0025(5)FRAUDFALSIFY MATERIAL FACT OR DOCUMENTF · 3rd

§494.0025(5)FRAUDRENUMBERED. SEE REC #10578F · 1st

§494.0025(5)FRAUD-FALSE STATEMENTMAKE FALSE STMT MATERIAL FACT GT K W 5+ VICF · 1st

§494.0025(4a)FRAUDUSE SCHEME TO DEFRAUD GT K WITH 5+ VICTIMSF · 1st

§494.0025(4a)FRAUDUSE DEVICE SCHEME TO DEFRAUDF · 3rd

§494.0025(4b)FRAUDENGAGE FRAUD MORTG LOAN GT K WITH 5+ VICF · 1st

§494.0025(4b)FRAUDPURCHASE OR SALE OF MORTGAGE LOANF · 3rd

§494.0025(4c)FRAUDOBTAIN PROPERTY BY FRAUDF · 3rd

§494.0025(4c)FRAUDOBTAIN PROPERTY BY FRAUD GT K WITH 5+ VICF · 1st

§494.0025(4d)FRAUDMISREP RESIDEN MORT LOAN AS BUSINESS PURP LOANF · 3rd

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 2000–2023 · leading case: Linville v. Ginn Real Est. Co., LLC, 697 F. Supp. 2d 1302 (M.D. Fla. 2010).

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Linville v. Ginn Real Est. Co., LLC, 697 F. Supp. 2d 1302 (M.D. Fla. 2010). · cites it 14× “Fraud-based Claims Against Defendant SunTrust Plaintiff asserts claims against Defendant SunTrust for constructive fraud (Count IV), fraudulent inducement (Count VI) , negligent misrepresentation (Count VII) , and for violating Fla. Stat. § 494.0025 (4)(a), based on SunTrust…”

Owens-Benniefield v. Nationstar Mortg. LLC, 258 F. Supp. 3d 1300 (M.D. Fla. 2017). · cites it 6× “■ Fla. Stat. § 494.0025 (4)-(5). Nationstar argues' there is no private right of action under this section.”

Bank of Am., N.A. v. Nash, 200 So. 3d 131 (Fla. 5th DCA 2016). · cites it 2× “While it is unlawful for any person to act as a mortgage lender in Florida without a current active license, see section 494.0025(1), Florida Statutes (2005), there are exceptions for (a) A bank, bank holding company, trust company, savings and loan association, savings bank,…”

Pazmino v. Gonzalez, 273 So. 3d 1056 (Fla. 3d DCA 2019). · cites it 2× “” The trial court also found that the Pazminos, neither of whom was a licensed real estate broker or realtor, engaged in “prohibited 2 practices” as defined in section 494.0025, Florida Statutes (2007), including the receipt of so-called “finder’s fees” and the Pazminos’…”

Equity Corp. Holdings, Inc. v. Dept. of Banking & Fin., 772 So. 2d 588 (Fla. 1st DCA 2000). · cites it 2× “See § 494.0025(1), Fla. Stat. (1997). [3] According to 494.”

AGATE v. Clampitt, 80 So. 3d 450 (Fla. 2d DCA 2012). · cites it 3× “The Agates claim that the trial court erred in applying the Statute of Frauds to count three that asserted a violation of section 494.0025, Florida Statutes (1996).”

Peers v. U.S. Bank, N.A. (M.D. Fla. 2023). “Under a section labeled “Legal Standard,” Plaintiff’s First Amended Complaint blanketly lists Florida statutes §§ 494.0025; 817.034, 817.535; 817.569; and 768.”

— 494.0025(1) — 2 cases

Bank of Am., N.A. v. Nash, 200 So. 3d 131 (Fla. 5th DCA 2016). “While it is unlawful for any person to act as a mortgage lender in Florida without a current active license, see section 494.0025(1), Florida Statutes (2005), there are exceptions for (a) A bank, bank holding company, trust company, savings and loan association, savings bank,…”

Equity Corp. Holdings, Inc. v. Dept. of Banking & Fin., 772 So. 2d 588 (Fla. 1st DCA 2000). “See § 494.0025(1), Fla. Stat. (1997). [3] According to 494.”

— 494.0025(4) — 2 cases

Linville v. Ginn Real Est. Co., LLC, 697 F. Supp. 2d 1302 (M.D. Fla. 2010). “Fraud-based Claims Against Defendant SunTrust Plaintiff asserts claims against Defendant SunTrust for constructive fraud (Count IV), fraudulent inducement (Count VI) , negligent misrepresentation (Count VII) , and for violating Fla. Stat. § 494.0025 (4)(a), based on SunTrust…”

Owens-Benniefield v. Nationstar Mortg. LLC, 258 F. Supp. 3d 1300 (M.D. Fla. 2017). “■ Fla. Stat. § 494.0025 (4)-(5). Nationstar argues' there is no private right of action under this section.”

— 494.0025(4)(a) — 1 case

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