Florida Statutes
Fla. Stat. § 494.0042 (2025)
Loan origination fees.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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494.0042 Loan origination fees.—
(1) A loan origination fee earned by a licensee, pursuant to this part, is not considered interest or a finance charge under chapter 687.
(2) A person may not charge or exact, directly or indirectly, from the borrower a fee or commission in excess of the maximum fee or commission specified in this section. The maximum fees or commissions that may be charged for mortgage loans are as follows:
(a) On a mortgage loan of $1,000 or less: $250.
(b) On a mortgage loan exceeding $1,000 and not exceeding $2,000: $250 for the first $1,000 of the mortgage loan, plus $10 for each additional $100 of the mortgage loan.
(c) On a mortgage loan exceeding $2,000 and not exceeding $5,000: $350 for the first $2,000 of the mortgage loan, plus $10 for each additional $100 of the mortgage loan.
(d) On a mortgage loan exceeding $5,000: $250 plus 10 percent of the entire mortgage loan.
For the purpose of determining the maximum fee, the amount of the mortgage loan is based on the amount of mortgage loan actually funded exclusive of the authorized maximum fees or commissions.
(3) At the time of accepting a mortgage loan application, a mortgage broker may receive from the borrower a nonrefundable application fee. If the mortgage loan is funded, the nonrefundable application fee shall be credited against the amount owed as a result of the loan being funded. A person may not receive any form of compensation for acting as a loan originator other than a nonrefundable application fee or a fee based on the mortgage amount being funded.
History.—ss. 29, 50, ch. 91-245; s. 4, ch. 91-429; s. 12, ch. 95-313; s. 38, ch. 2009-241; s. 44, ch. 2014-91.
Notes of Decisions
Cited in 2
cases, 1993–2002 · leading case: Marks v. Millman, 641 So. 2d 414 (Fla. 3d DCA 1993).
Marks v. Millman, 641 So. 2d 414 (Fla. 3d DCA 1993). “§ 494.0042, Fla. Stat. (1991) (brokerage fees) (effective Oct.”
Ieracitano v. Shaw, 815 So. 2d 787 (Fla. 4th DCA 2002). “001 definitions do not apply to section 494.0042. We reject this interpretation of the statute.”
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