The Florida Senate

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

(1)  To act as a mortgage lender in this state without a current, active license issued by the department pursuant to ss. 494.006-494.0077.

(2)  To act as a correspondent mortgage lender in this state without a current, active license issued by the department pursuant to ss. 494.006-494.0077.

(3)  To act as a mortgage broker in this state without a current, active license issued by the department pursuant to ss. 494.003-494.0043.

(4)  In any practice or transaction or course of business relating to the sale, purchase, negotiation, promotion, advertisement, or hypothecation of mortgage 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; or

(c)  To obtain property by fraud, willful misrepresentation of a future act, or false promise.

(5)  In any matter within the jurisdiction of the department, 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 advertise that an applicant will have unqualified access to credit without disclosing what material limitations on the availability of credit exist, such as the percentage of down payment required, that a higher rate or points could be required, or that restrictions as to the maximum principal amount of the loan offered could apply.

(7)  To advertise a mortgage loan where a prevailing rate is indicated in the advertisement, unless the advertisement specifically states that the expressed rate could change or not be available at commitment or closing.

(8)  To advertise mortgage loans, including rates, margins, discounts, points, fees, commissions, or other material information, including material limitations on such loans, unless such person is able to make such mortgage loans available to a reasonable number of qualified applicants.

(9)  To violate s. 655.922(2), subject to ss. 494.001-494.0077.

(10)  Who is required to be licensed under ss. 494.006-494.0077, to fail to report to the department the failure to meet the net worth requirements of s. 494.0061, s. 494.0062, or s. 494.0065 within 48 hours after the person's knowledge of such failure or within 48 hours after the person should have known of such failure.

(11)  Who is required to be licensed under ss. 494.001-494.0077, to falsely advertise or misuse names indicating a federal agency pursuant to 18 U.S.C. s. 709.

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

History.--ss. 16, 50, ch. 91-245; s. 4, ch. 91-429; s. 4, ch. 95-313.