817.54
Obtaining of mortgage, mortgage note, promissory note, etc., by false representation.
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817.54 Obtaining of mortgage, mortgage note, promissory note, etc., by false representation.—Any person who, with intent to defraud, obtains any mortgage, mortgage note, promissory note or other instrument evidencing a debt from any person or obtains the signature of any person to any mortgage, mortgage note, promissory note or other instrument evidencing a debt by color or aid of fraudulent or false representation or pretenses, or obtains the signature of any person to a mortgage, mortgage note, promissory note, or other instrument evidencing a debt, the false making whereof would be punishable as forgery, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 63-142; s. 880, ch. 71-136.
Notes of Decisions
Cited in 8
cases, 1995–2015 · leading case: Adams v. State
Adams v. State (1995)
“Count II requires proof that false or fraudulent information was offered by defendant with the intent to defraud, § 817.54, Fla. Stat. (1991); this element is not present in the offense of grand theft.”
Pizzo v. State (2005)
“Pizzo with six counts of mortgage fraud in violation of section 817.54, Florida Statutes (1997), which provides: *293 Any person who, with intent to defraud, obtains any mortgage, mortgage note, promissory note or other instrument evidencing a debt from any person or obtains the…”
Pino v. Bank of New York Mellon (2011)
“(2010) (criminalizing and punishing attempts to commit an offense prohibited by law even though the accused fails in the perpetration or is intercepted or prevented in the execution thereof); see also § 817.54 Fla. Stat. (2010) (third degree felony to — with intent to defraud —…”
Silver v. Countrywide Home Loans, Inc. (2011)
“Rather, the Complaint states, “[t]he prohibited acts committed by COUNTRYWIDE are enumerated in Florida Statutes § 817.54.” and “[t]his vicious pattern of fraud and the reinvestment of proceeds from that fraud are enumerated in multiple jurisdiction by multiple plaintiffs.”
Barrios v. State (2011)
“§ 817.54, Fla. Stat. (2009). Further, to prove this crime, there must be evidence of the victim’s reliance on the defendant’s misrepresentation.”
Grant v. State (2010)
“In count 5 of the information, Grant and Morris were charged with and convicted of mortgage fraud pursuant to section 817.54, Florida Statutes (2004). 3 The information alleged that Patricia Hemingway was the victim of the fraud.”
Izquierdo v. State (2015)
“ANALYSIS Izquierdo asserts that the State failed to present a prima facie case that she obtained a mortgage from Countrywide by false pretenses in violation of section 817.54, Florida Statutes (2006). Section 817.”
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-06 (2014)
“§ 817.54.5(1), Fla. Stat. Documents involved in the mortgage lending process include, but are not limited to, mortgages, deeds, surveys, inspection reports, uniform residential loan applications, or other loan applications; appraisal reports; HÜD-1 settlement statements;…”
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