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…