Legislative Matter

Miami-Dade Legislative Item
File Number: 073784

Printable PDF Format

Clerk's Official Copy

File Number: 073784

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-137-08

Control: Board of County Commissioners

File Name: STRENGTHEN MORTGAGE FRAUD LAWS

Introduced: 12/28/2007

Requester: NONE

Cost:

Final Action: 2/5/2008

Agenda Date: 2/5/2008

Agenda Item Number: 11A25

Notes:

Title:

RESOLUTION URGING THE FLORIDA LEGISLATURE TO STRENGTHEN MORTGAGE FRAUD LAWS

Indexes:	LEGISLATURE
	MORTGAGE FRAUD

Sponsors:	Katy Sorenson, Prime Sponsor
	Jose "Pepe" Diaz, Co-Sponsor
	Carlos A. Gimenez, Co-Sponsor
	Joe A. Martinez, Co-Sponsor
	Rebeca Sosa, Co-Sponsor
	Dorrin D. Rolle, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	2/5/2008	11A25	Adopted				P

Budget and Finance Committee	1/28/2008	2P	Forwarded to the BCC by the BCC Chairperson with a favorable recommendation				P
REPORT:	Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. It was moved by Commissioner Sorenson that this proposed resolution be forwarded to the County Commission with a favorable recommendation. This motion was seconded by Commissioner Gimenez. Commissioners Gimenez, Sosa, Diaz, and Chairman Martinez asked that they be listed as co-sponsors. Hearing no other questions or comments, the Committee proceeded to vote. Chairman Martinez noted he would prepare a memorandum that asked Chairman Barreiro to waive the Board's Rules and Procedures to allow this proposed resolution to be considered at the February 5, 2008, County Commission meeting.

County Attorney	12/28/2007		Assigned	Jess M. McCarty

County Attorney	12/28/2007		Referred	Budget and Finance Committee	1/15/2008

Legislative Text

TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO STRENGTHEN MORTGAGE FRAUD LAWS

BODY
WHEREAS, mortgage fraud is a material misstatement, misrepresentation or omission relied upon by an underwriter or lender to fund, purchase or insure a loan; and
WHEREAS, mortgage fraud is an increasingly prevalent form of crime in today's society; and
WHEREAS, according to the 2006 Mortgage Fraud Report by the Federal Bureau of Investigations (FBI), the State of Florida leads the nation in incidents of mortgage fraud, and Miami-Dade County leads the state in fraudulent loans; and
WHEREAS, victims of mortgage fraud may include borrowers, lenders, mortgage insurers, other firms in the mortgage industry business, and other homeowners living in the neighborhoods where mortgage fraud has occurred; and
WHEREAS, Miami-Dade County Mayor Carlos Alvarez has formed a Mortgage Fraud Task Force that has the mission of reducing mortgage fraud and preventing individuals and businesses from being victims of mortgage fraud; and
WHEREAS, legislation was passed during the 2007 regular state legislative session, SB 1824 (Chapter 2007-182, Laws of Florida), which expressly made mortgage fraud a crime; and
WHEREAS, additional legislation is being considered for the 2008 regular legislative session that would strengthen laws against mortgage fraud,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to strengthen laws against mortgage fraud by increasing the penalties for committing multiple mortgage fraud offenses, allowing Property Appraisers to consider incidents of mortgage fraud when determining just valuation of property, and creating a statewide mortgage fraud task force.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, and the Chair and Members of the Miami-Dade County State Legislative Delegation.
Section 3. Directs the County's state lobbyists to advocate for the passage of the legislation set forth in Section 1 above or similar legislation, and directs the Office of Intergovernmental Affairs to include this item in the 2008 State Legislative Package.