Florida criminal charge
Mortgage fraud in Florida
Mortgage fraud is a criminal offense under Florida law, defined by Fla. Stat. § 817.545. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 817.545.
What is the penalty for mortgage fraud in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Mortgage fraud (base offense) — Applies when a person violates subsection (2) by committing mortgage fraud through material misstatement, misrepresentation, omission, receipt of proceeds, or filing false documents in the mortgage lending process.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Mortgage fraud (base offense) — Applies when a person violates subsection (2) by committing mortgage fraud through material misstatement, misrepresentation, omission, receipt of proceeds, or filing false documents in the mortgage lending process.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Mortgage fraud (loan value exceeds $100,000) — Applies when a person violates subsection (2) and the loan value stated on documents used in the mortgage lending process exceeds $100,000.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Mortgage fraud (loan value exceeds $100,000) — Applies when a person violates subsection (2) and the loan value stated on documents used in the mortgage lending process exceeds $100,000.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is mortgage fraud classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Mortgage fraud (base offense) | Felony of the Third Degree | Applies when a person violates subsection (2) by committing mortgage fraud through material misstatement, misrepresentation, omission, receipt of proceeds, or filing false documents in the mortgage lending process. | Fla. Stat. § 817.545(5)(a) |
| Mortgage fraud (loan value exceeds $100,000) | Felony of the Second Degree | Applies when a person violates subsection (2) and the loan value stated on documents used in the mortgage lending process exceeds $100,000. | Fla. Stat. § 817.545(5)(b) |
Common questions about mortgage fraud in Florida
Is mortgage fraud a felony or a misdemeanor in Florida?
It depends on the circumstances: mortgage fraud ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 817.545.
Mortgage fraud (base offense): Felony of the Third Degree (Fla. Stat. § 817.545(5)(a)) · Mortgage fraud (loan value exceeds $100,000): Felony of the Second Degree (Fla. Stat. § 817.545(5)(b))
What are the penalties for mortgage fraud in Florida?
Penalties for mortgage fraud in Florida depend on how it is classified — from a Felony of the Third Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers mortgage fraud?
Mortgage fraud is governed by Fla. Stat. § 817.545 (Mortgage fraud).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.