Florida/Georgia Personal Injury & Workers Compensation

...However, one subpart of the definition of “mortgage loan” describes a “[ljoan on commercial real property if the borrower is a natural person or the lender is a noninstitutional investor .... ” § 494.001(20)(b). In relevant part, the Act also states: *981 494.0038 Mortgage broker disclosures.— (1)(a)1....

...In support, Byrd asserts that the Act’s definitions for “[a]ct as a mortgage broker” and “[mjortgage loan” are inseparably intertwined with the terms for “[mjortgage brokerage fee” and “[mjort-gage brokerage business.” Read together, Byrd concludes it can collect its fee under section 494.0038(1)(a)1....

...Although a retroactive application of the Act’s new licensing and penalty provisions would be unduly harsh, the use of the clarified definition for “borrower” would comport with *983 a liberal reading of the Act’s remedial purposes. In the context of the alleged statutory deficiencies in this case, section 494.0038’s revisions are remedial....

broker disclosure pursuant to Florida Statute § 494.0038(l)(a); (7) lack of assignment of the Note; (8)