eLaws of Florida

  SECTION 494.0025. Prohibited practices.  


Latest version.
  • 1It is unlawful for any person:
    7(1) 8To act as a loan originator in this state without a current, active license issued by the office pursuant to part II of this chapter.
    33(2) 34To act as a mortgage broker in this state without a current, active license issued by the office pursuant to part II of this chapter.
    59(3) 60To act as a mortgage lender in this state without a current, active license issued by the office pursuant to part III of this chapter.
    85(4) 86In 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:
    112(a) 113To knowingly or willingly employ any device, scheme, or artifice to defraud;
    125(b) 126To 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;
    155(c) 156To obtain property by fraud, willful misrepresentation of a future act, or false promise; or
    171(d) 172To misrepresent a residential mortgage loan, as described in s. 182494.001(25)(a), 183as a business purpose loan.
    188(5) 189In 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.
    245(6) 246To violate s. 249655.922(2), 250subject to this chapter.
    254(7) 255To 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.
    289(8) 290To 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.
    317(9) 318To use the name or logo of a financial institution, as defined in s. 332655.005(1), 333or 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.
    398(10) 399Subject 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.