Amendments to 817.54

1. Adams v. State

   650 So. 2d 1039 (Fla. Dist. Ct. App. 1995)   Cited 7 times

   1 more...

   Defendant next argues that the conviction for obtaining a mortgage by false representation must be reduced to attempt as the crime was not completed. Defendant argues that HFC was not deceived as a result of any false representations, and issued 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:

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2. Barrios v. State

   75 So. 3d 374 (Fla. Dist. Ct. App. 2011)   Cited 4 times

   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.... § 817.54, Fla. Stat. (2009).

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3. Izquierdo v. State

   177 So. 3d 1018 (Fla. Dist. Ct. App. 2015)   Cited 3 times

   2 more...

   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:

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4. Grant v. State

   43 So. 3d 864 (Fla. Dist. Ct. App. 2010)   Cited 2 times

   1 more...

   Section 817.54, Florida Statutes, provides:

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5. Shively v. Canyon Creek Memory Care Cmty.

   CV 20-120-BLG-SPW (D. Mont. May. 20, 2022)

   Plaintiff seeks to recover the costs of several depositions taken during the course of discovery. Plaintiff contends the expenses total $9, 817.54. Relevant here, “[a] judge or clerk of any court of the United States may tax as costs the following: ... (2) Fees for printed or electronically recorded transcripts necessarily obtained for use in the case ....” 28 U.S.C.A. § 1920. Local Rule 54.1(b)(1)(A)1 further provides that “[c]osts of depositions taken solely for discovery purposes and depositions of the moving party's witnesses who are withdrawn or precluded from testifying are not allowed.” However, “[a]bsent an objection, the clerk will presume it was reasonably necessary for the moving party to obtain ... transcripts of depositions and court proceedings used at trial, after trial, or in supporting or opposing a motion for summary judgment.” L.R. 54.1 (b)(1)(B)(ii).

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6. Eaton v. The Bank of N.Y. Mellon

   3:21cv251/MCR/EMT (N.D. Fla. Oct. 13, 2021)

   • Motion to dismiss
   2 more...

   According to the amended complaint, “[Agents of BoNYM] caused to be recorded in the Official Records of (sic) Pinellas County, Florida at Book 6718, Page 1390, an Assignment of Mortgage, which purported to assign (the note and mortgage) to Defendant” (ECF No. 1-1 at 37). The complaint goes on, “recording of the Assignment violated Fla. Stat. §§ 817.535(2)(a) and 817.54 and constituted a. . .felony. . .” Id.

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7. Pizzo v. State

   910 So. 2d 287 (Fla. Dist. Ct. App. 2005)   Cited 8 times

   2 more...

   The State charged Mrs. Pizzo with six counts of mortgage fraud in violation of section 817.54, Florida Statutes (1997), which provides:

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8. Martinez v. Bank of Am. Corp.

   Case Number: 14-21467-CIV-MORENO (S.D. Fla. Jun. 12, 2014)

   • Motion to dismiss
   1 more...

   On March 10, 2014, the State Court awarded DBNTC a Final Judgment of Foreclosure on the Mortgage for $ 681,943.45. On March 1, 2014, Plaintiff filed the instant Complaint, asserting seven causes of action against Defendants: (1) mortgage fraud in violation of FLA. STAT. §§ 817.54 and 817.545; (2) fraudulent inducement; (3) violation of the Florida Deceptive and Unfair Trade Practices Act, FLA. STAT. § 501.201 et seq. ("FDUPTA"); (4) fraud; (5) breach of contract; (6) unjust enrichment; and (7) negligent misrepresentation. Defendants subsequently filed a motion to dismiss this action for failure to state a cause of action. II. Legal Standard:

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9. Ible v. Wells Fargo Bank

   Case No. 4:21-CV-00025-MW-MAF (N.D. Fla. Apr. 6, 2021)   Cited 2 times

   • Motion to dismiss
   6 more...

   Fair Debt Collection Practices Act (FDCPA) Fair Housing Act Uniform Minors Transfer Act 12 U.S.C. § 3757 15 U.S.C. § 1692e-g 18 U.S.C. § 2332b 42 U.S.C. § 1983 Fla. Stat. § 45.0315 Fla. Stat. § 731.103 Fla. Stat. § 732.402 Fla. Stat. § 733.710 Fla. Stat. § 744.446(4) Fla. Stat. § 760.25 Fla. Stat. § 760.37 Fla. Stat. § 817.155 Fla. Stat. § 817.16 Fla. Stat. § 817.54 Fla. Stat. § 817.545 Fla. Stat. § 895.03 Fla. R. Evid. 90.106

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10. Pino v. Bank of New York Mellon

    57 So. 3d 950 (Fla. Dist. Ct. App. 2011)   Cited 7 times

    • Motion for summary judgment
    • Motion to dismiss

    See § 777.04(1), Fla. Stat. (2010) (criminalizing and punishing attempts to commit an offense prohibited by law even though the accused fails in the perpetration or is intercepted or prevented in the execution thereof); see also § 817.54 Fla. Stat. (2010) (third degree felony to — with intent to defraud — "obtain[] 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 obtain[] 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").

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