Florida/Georgia Personal Injury & Workers Compensation

...Defendant Pasem's fraudulent inducement (Count III); (4) damages as a result of Defendant SunTrust's constructive fraud (Count IV); (5) rescission of the mortgage and a money judgment as a result of Defendant SunTrust's violation of Florida Statute § 494.0025 (Count V); (6) rescission of the mortgage and a money judgment as a result of Defendant SunTrust's fraudulent inducement (Count VI); (7) rescission of the mortgage and a money judgment as a result of Defendant SunTrust's negligent misrepr...

...Blue Cross & Blue Shield of Fla., Inc., 116 F.3d 1364, 1371 (11th Cir. 1997). A. 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 Mortgage's *1307 alleged participation in Defendant Ginn's fraud scheme....

...blish the existence of a fiduciary or other confidential relationship between Plaintiff and Defendant SunTrust. Accordingly, Plaintiffs claim against Defendant SunTrust for constructive fraud is DISMISSED without prejudice. Violating Florida Statute § 494.0025(4)(a)—Count V In Count V, Plaintiff asserts a claim for a violation of Florida's mortgage lending laws, specifically, Florida Statute § 494.0025(4). (Dkt. 61 at 94-95) Section 494.0025(4)(a) makes it unlawful for any person in any mortgage transaction, directly or indirectly, to knowingly or willingly employ any device, scheme, or artifice to defraud. FLA. STAT. § 494.0025(4). There is no requirement for actual fraud to have been committed and thus, there is no heightened pleading requirement for a claim under FLA. STAT. § 494.0025(4)....

...As detailed in a prior Order of this Court, Plaintiffs Amended Complaint sufficiently details plausible facts showing Plaintiffs entitlement to relief. ( See Dkt. 52 at 4) Accordingly, Defendant SunTrust's Motion to Dismiss Plaintiffs claim under FLA. STAT. § 494.0025(4) is DENIED....

...Should Plaintiff wish to pursue a conspiracy claim based upon violations of the ILSFDA, Plaintiff shall file a second amended complaint within fourteen (14) days of this Order; D. Defendant's Motion to Dismiss Count V of Plaintiffs Amended Complaint, violation of Fla. Stat. § 494.0025(4) (Dkt....

...Because we reverse on this basis, we do not reach the merits of the Agates' second issue, but it should be reconsidered on remand. 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). We agree. Section 494.0025 bars a person from acting as a mortgage broker or lender without holding a state license to do so....

...she suffered as .a result of such reliance”). In her second amended complaint, Owens-Benniefield should plead, if she can, how she relied on Nationstar’s alleged misrepresentations. I. Chapter 494, Fla. Stat. Count 9 alleges Nationstar violated section 494.0025(4)-(5), Fla. Stat., by telling Owens-Benniefield and numerous third parties that Owens-Benniefield owed the debt and 'by misrepresenting that it was the legal servicer of the mortgage.' (Doc. # 17 at 19-21). Section 494.0025, in relevant part, makes it unlawful for any person: (4) In any pra'ctice or transaction or course of business' relating to the sale, purchase, negotiation, promotion, advertisement, or hypothecation of mortgage loari transactions, d...

...er 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 *1320 same to contain any false or fraudulent statement or entry. ■ Fla. Stat. § 494.0025 (4)-(5)....

...But, under Rule 8(c), res judicata-is an affirmative defense, Fed. R. Civ. P. 8(c)(1), and Nationstar does not argue that Owens-Benniefield’s section 494 claims are precluded by the state court’s dismissal. Thus,, the Court will not address preclusion. Although section 494.0025....

...By its plain language, section 494.0019 creates a private right of action for damages- for violations of any provision of chapter 494. And Nationstar does not argue that Owens-Benniefield’s factual allegations fail to state a plausible claim for violation of section 494.0025....

...complying [mortgage] brokers”). No mention is made of private individuals seeking injunctive relief, and the Court will not infer one. Similarly, Owens-Benniefield may not recover administrative fines up to $25,000 per offense pursuant to section .494.00255, as these penalties are imposed only by, the state administrative agency. § 494.00255(2)(e)-(f)....

...g officer's findings and conclusions that Appellants had control over the funds in question, were "servicing" the mortgage loans, and therefore were mortgage lenders requiring licensing. We must reject this interpretation of sections 494.001(20) and 494.0025(1), Florida Statutes (1997), because it is inconsistent with the statute's plain meaning....

...Homeowners received monthly reports regarding the status of their individual bank accounts and had full use of the monies in their accounts. [2] It is unlawful for anyone to act as a mortgage lender in Florida without being licensed by the Department. See § 494.0025(1), Fla....

...This was not raised as an affirmative defense, and no record evidence establishes that AWL or Countrywide was not licensed as a mortgage lender in 2005. Even if AWL was required to obtain a license and did not do so, disciplinary measures for such a violation would include, among others, a fine or reprimand.1 §§ 494.0025, 494.0072, Fla....

...ransacting business in Florida until it obtains a certificate of authority from the Department of State, activities including 1While 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, credit union, or insurance company if the i...

...and her ex- husband, Rene Pazmino.” 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’ commission of “fraudulent actions.” Because the trial court’s rulings in 2014 declared the mortgage to Cummings/Ay...