Florida/Georgia Personal Injury & Workers Compensation

...Local Rule 12.1, and the claim is deficient in that regard. Second, Silver has failed to make even a minimal showing as to how Countrywide committed acts in violation of the statute. 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....

...Pizzo agreed to the overall objective of the conspiracy, Mrs. Pizzo's argument that the State did not prove that she committed two predicate acts is rendered moot. C. Judgment of Acquittal-Mortgage Fraud The State charged Mrs. 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 signature of any person to...

...The police suggested issuing the check to lure the defendant to appear. Defendant was arrested exiting HFC with the check. Defendant was charged with grand theft in violation of section 812.014, Florida Statutes (1991) (Count I), and with obtaining a mortgage by false representation in violation of section 817.54, Florida Statutes (1991) (Count II)....

...3d DCA 1990), approved, 572 So.2d 1380 (Fla. 1991), an element not present in Count II, obtaining a mortgage by false representation. Count II requires proof that false or fraudulent information was offered by defendant with the intent to defraud, § 817.54, Fla....

...Defendant argues that HFC was not deceived as a result of any false representations, and issued *1041 the check in an attempt to lure her presence and facilitate her arrest. We agree. Chapter 817, Florida Statutes, Fraudulent Practices, enumerates false pretenses and fraud crimes. Section 817.54 provides: 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, promiss...

...yond a reasonable doubt, then there is sufficient evidence to sustain a conviction. Id. (citing Banks v. State, 732 So.2d 1065 (Fla.1999)). 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)....

...NOTES [1] Grant and Morris were tried together and each has filed an appeal. Although we have consolidated these cases for disposition in this opinion, they remain separate and distinct cases for all other purposes. [2] The validity of that stop is not challenged on appeal. [3] Section 817.54, Florida Statutes, provides: 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, mor...

...n 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.... § 817.54, Fla. Stat. (2009). Further, to prove this crime, there must be evidence of the victim’s reliance on the defendant’s misrepresentation. Adams v. State, 650 So.2d 1039, 1041 (Fla. 3d DCA 1995). Section 817.54 “criminalizes a specific form of false pretense crime....

...to sustain a conviction. Grant v. State, 43 So. 3d 864, 868 (Fla. 5th DCA 2010). III. 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 817.54 provides: 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 mor...

prevented in the execution thereof); see also § 817.54 Fla. Stat. (2010) (third degree felony to — with

....04(1) 5.1 Assault 784.011 8.1 Comment This instruction was adopted in 2014. 20.20 MORTGAGE FRAUD § 817.545(2) & (5), Fla....

...filed or caused to be filed with the clerk of the circuit court for any Florida county a document involved in the mortgage lending process which contained a material [misstatement] [misrepresentation] [or] [omission]. Give if applicable. § 817.545(5)(b), Fla. Stat. If you find that the defendant guilty of Mortgage Fraud, you must also determine if the State proved beyond a reasonable doubt whether the loan value stated on documents used in the mortgage lending process exceeded $100,000. § 817.545(2)(a) & (b), Fla. Stat. Omissions on a loan application regarding employment, income, or assets for a loan which does not require this information are not considered material omissions for purposes of Mortgage Fraud. § 817.545(1), Fla....

...ts; HUD-1 settlement statements; supporting personal documentation for loan applications such as W-2 forms, verifications of income and employment, credit reports, bank statements, tax returns, and payroll stubs; and any required disclosures. § 817.545(1), Fla....

...A fact is material if it has the capacity or natural tendency to influence a person’s decision. Any misrepresentation or concealment must be reasonably calculated to deceive persons of ordinary prudence and comprehension. Lesser Included Offenses MORTGAGE FRAUD — 817.545 CATEGORY ONE CATEGORY TWO FLA....

...Comment The crime of Mortgage Fraud may not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, or interpretations related to the mortgage lending process. See § 817.545(3), Fla....