Florida Statute 817.54 | Obtaining of Mortgage, Mortgage Note, Promissory Note, etc., by False Representation

Just finished reading the Kentucky complaint against MERS et al and I found this excerpt very interesting…

Kentucky’s public policy for accurate, transparent, and current land records makes it a criminal offense to file records that are forged, are groundless or contain material misstatements. Kentucky law further provides that instruments missing complete and accurate information regarding the person preparing the instrument and the address information of a person receiving an interest in the property by way of the instrument should not be received or permitted to be recorded. Defendants have participated in a scheme utilizing material misstatements of interests in mortgages filed in Kentucky and Plaintiffs no longer intend to receive such instruments for recording.

Now where did I hear that kind of language before?

Ah, yes, Florida Statute 817.54

817.54 Obtaining of mortgage, mortgage note, promissory note, etc., by false representation.—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, promissory note or other instrument evidencing a debt by color or aid of fraudulent or false representation 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, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

So does the image above that is witnessed by two people and then notarized WITHOUT the person actually signing the document constitute a felony under the statue?

Looks like it does to me…

Lisa Epstein for Clerk of Circuit Court 2012!

Copy of the assignment below…

There are tens of thousands of these felonious documents just like the one attached here all over our public records…

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4closureFraud.org

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Arango Not Signed

Comments
14 Responses to “Florida Statute 817.54 | Obtaining of Mortgage, Mortgage Note, Promissory Note, etc., by False Representation”
  1. JKN says:

    I have a promissory note that I signed that is fraud. The person that gave me the promissory note, PUT a different name on the form. His father name, and he is dead. Not sure what to do about this.

  2. T. Andersen says:

    America needs to revert back to a free-market, capital based economy and NOT rely on government-sponsored, Fascist tax breaks, incentives and bail outs. If the Feds would stop controlling every industry, the free market would innovate and provide solutions to traditional banking. Home Ownership is NOT a right in this country.

    Joe Gaffney above, you are perpetuating this problem with your naive belief in our corrupt government. This financial crisis was an orchestrated attack on our financial system and sovereignty, if you don’t think banks are benefiting you are sadly mistaken. Banking profits are sound. The gov will introduce a ‘new’ global currency or take advantage of this crisis in some manner. If a crisis occurs, it is because our government allowed it to happen. Watch and learn.

  3. readdocs says:

    Speaking of incompetence in Florida, how about this?
    http://www.autoblog.com/2012/04/25/hundreds-of-5-year-old-municipal-vehicles-found-in-miami-that-we/

    Hundreds of 5-year-old municipal vehicles found in Miami that were never used

    This should relay all kinds of nonconfidence in floridian governance.

    • Bobbi Swann says:

      Very good one Readdocs. They (govt) will simply do what they have done with the vacant homes due to fraudclosure—give them to the city gov’t so that the city can demolish the “blight” of these vacant homes and then re-sell the land to an unsuspecting buyer or builder or developer or even better turn them into state parks – as to the cars they will just ‘scrap’ those vehicles and then ‘poof’ they’re gone from the books and can call it a ‘loss’ against the financial statements! That, or else they can donate them to the Mexican gov’t officials who then can use them for drug trafficing back into the good ole US of A. We already know that drug business is good business for the Mexican gov’t! They sure can’t operate from what they collect from the poor down there…just another plutocracy and where we are heading…

  4. Adam says:

    See pages 10-12. Exactly what is being said? It appears it says that the VA will not require loan brokers/originators to indemnify loans if they repeat the same past patterns that apparently gave a pass to past fraud. Am I missing something? Or should this be investigated? Are the other regional loan guarantee officers, other then Atlanta as ‘affiliated’ with the Mortgage Bankers Association? How did and will this impact mortgage fraud? If it will/does? Is something wrong with this p[picture?

    http://www.mortgagebankers.org/files/Conferences/2011/LoanProduction/LPC11BufftonFHAVARuralHousing.pdf

  5. CJ says:

    Consider that Fla. Stat. Chap. 772 provides civil remedies for those damaged by violations of Fla. Stat. 817.54, as well as violations of Chap. 831 (forgery) and Chap. 837 (perjury, including perjury by declaration).

  6. Anynomous says:

    Headline needs not be “Fraud is a crime” – but “Fraud is a crime unless committed by banksters”

  7. Joe Gaffney says:

    What really makes me angry is the ‘mortgage modification’ scam! Some idiot politicians were either not listening, or, had no idea what they were talking about when the lender/servicers asked a simple question: What are we modifying? If you owe me money, only you and I can modify the Note. If there isn’t any Note, what the heck is being modified? Air?

    • alec ross says:

      The crime not the assignment; but the fact that notary signed it before it was signed by the assignor.
      This is a CRIME under Florida’s notary laws.

  8. Hell No, No More Bail-OUTS says:

    Do ya want another IRONY about this particular example loan that was supposedly with “America’s Wholesale Lender”? See the example above, noting the entity that MERS was being used to sign as nominee for.

    At the time the loan closed, THERE WAS NO SUCH LENDER. That means there can not be any corporate resolution between AWL CORPORATION and MERS. It is REALLY hard for a non-existent corporation to have any employees, let alone legal agreements with any other entity.

    The only thing that did exist were filings of a “Countrywide … Corporation d/b/a America’s Wholesale Lender”.

    CAN YOU SEE THAT THOSE ARE TWO DIFFERENT THINGS?

    The America’s Wholesale Lender Corporation loans all show that they are supposedly a New York Corporation. Well, NOW there is a filing in New York, but it was created on Dec. 16, 2008. It was NOT formed by any part of Countrywide or Bank of America, as can be evidenced by a court case where Bank of America tried to use the old Countrywide ‘servicemark’ to sue the New York America’s Wholesale Lender entity. Steve Vondran has filed a counter-suit against that defunct servicemark and has answered the filing in the CA case brought by BofA.

    Do you need any further proof that the Countrywide D/B/A is not the same thing as the America’s Wholesale Lender Corporation?

    Countrywide learned back in 2005 when they lost the PAGANO case, that they could not sue in the name of “America’s Wholesale Lender” on these “America’s Wholesale Lender Corporation” loans.

    The AWL Corp trick was VERY intentional. I suspect that these loans may have had false ‘brokers fees’ paid to ‘acquire them’ for CW to then put them into the trusts.

    I wish SOMEONE would research this point. I think there was another big rip-off of the investors. Not only that, but the loans were then never really transferred anywhere and were likely used to access futrher funds on the secondary market and at that ‘lovely’ Fed ‘window’. It sure was a window with a VERY GREEN view for the banksters.

  9. Joe Gaffney says:

    What we have here is the potential to undermine the whole system of the economy of not only America, but also, most of the rest of the world. If that happens, no one will have anything. Concurring with this, we now need to proceed toward a workable resolution. The banks and lenders cannot be put out of business, but neither can honest citizens be put out of their homes.

    During the last 10 – 12 years, a great many loans were closed that should not have been. Liar loans, SISA, SA, SI, and credit only, are just one form. but, others, such as ARM’s, and pick-a-payment loans also contributed to many thousands of loans that JUST SHOULD NOT HAVE BEEN DONE. Why were they done? Because everyone involved in their origination, underwriting and closing was infected by greed. Yes, EVERYONE. Not just the lenders and politicians, but also, the potential homeowners and re-fier’. Some of the willing public are, no doubt, “fallen angels.” But, far too many were not. The “liars” know who they are.

    Some were people who were hoodwinked into loans they didn’t understand and should not have received. That some fell through the cracks and were done is partly the fault of lender underwriting, and partly the fault of the liars themselves. Unfortunately, because everyone is in such turmoil to “fix” these problems, everyone is being crushed under the weight. Modifications are not being done. Why? For several reasons: (1) no one without proper standing is comfortable with making them. Sooner or later, they could become thousands and thousands of lawsuits. (2) Some lender/servicers are still backward in their thinking – thinking that they can still make a killing on foreclosures and, especially, short sales.

    What needs to happen is that for the foreclosures and shorts sale events that have already occured, it is, to some extent, too late. But, there needs to be a solution to truly help homeowners stay in their homes but pay for them somehow.

    • Who says the banks and lenders cannot be put out of business? Many of them are only still IN business because of ill-considered bailouts with our tax money. If their business model is so inept, corrupt, and/or criminal that they cannot survive, then by all means let them fail!

      Banks in the modern world do not support the economy; they suck it dry for the sake of a very small number of their executives. Close their doors and put the bastards in jail!

      • Joe Gaffney says:

        And where will we be, if they’re gone? The housing industry – struggling now – will be gone as well. Big ticket sales (cars, trucks) – will be gone. Farmers’ needs – dried up. Do you really think the little banks that are left will be able to take up the slack? Really?

        But, not only did we have some greedy bankers, but also, we have many greedy politicians. And, you cannot obliterate the greedy home homeowners themselves, for example, those who refinanced much more than they knew their houses were really worth. Did only the smart people know that this thing was going to crumble at some point in the not so distant future?

        Kids were coming of age every year during this extraordinary time – kids who wanted homes, too. Money had to made available for their desires. Banks, by themselves, did not have the available money to lend for that ever growing onslaught. That was the original purpose of the securitizing scheme. Unfortunately, too many bankers got caught up in the feeding fenzy. That spawned the hybrids. But, the infrastructure for securitized loans was not at all well thought out, or, it was well thought out by crooks.

        Look, banks employ many thousands of good people AND a few bad ones, and, a bunch who couldn’t see past the thick fog of the fenzy. This securitization thing was new and it included a bevy of people who were wholly unrelated, many who didn’t have a clue.

        Ultimately, this may have gone on for years to come except – Bernanke lowered the prime rate and did it far too quickly. For all I know, he may have had good intentions. But, what he did took the bottom out of the economy in days. When the prices of everything else dropped, so did the prices of the housing market.

        But, ultimately, it was not the lenders or politicians that bidded up the value of homes. It was the home owners and home buyers themselves, with some help from their realtors, mortgage brokers, and appraisers who did. Prove me wrong, and I’ll eat crow.

      • woodknotgo says:

        @Joe-eat crow !
        While you watch Wall Street Traders manipulate every price of everything in the USA !
        Eat more crow as you realize “buyers” did not create the phoney Appraisals and Phoney Housing Market.
        Eat more crow- for four years I have begged to pay ! have a savings account to prove it !

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