Florida Home Loans News

More On Equitable Mortgage & Usury (Florida)

Usury laws are bright line rules that allow for business planning. We can try to police the same problems on an ad hoc equitable basis using doctrines like unconscionability, but these fuzzy standards make it very hard for businesses to know what is allowed and what isn’t.

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Florida law defines the term "knowingly" in the context of a mortgage fraud case to mean that the defendant is aware of the act and is not acting through ignorance, mistake or accident. In a mortgage fraud case in Florida the term "material" is defined to mean a fact a reasonable person would use to decide whether to do or not to do.

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Blank, an oft-convicted mortgage lender. thought to be living in Florida with relatives. Murray’s description of her experience with Blank was typical of scores of people who complained in 1983.

A collateral mortgage is similar in many respects to a conventional mortgage (as it comes with an agreed interest rate and term), but the lender starts out with the idea that the borrower might want to borrow more money in the future under the same agreement and this is why up to 125% per cent might be charged on the value of the property.

Usury laws are complicated and have many exceptions. If you are making a loan or defending against allegations of usury, you should consult with an experienced financial attorney. The History of Usury. Although usury now refers to charging excessive interest, originally, it referred to.

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Florida did not complete the survey as presented. However, state officials provided the following commentary about usury rates in their state: Interest rate limits on loans are set by state statute and may vary depending upon the type of lender, type of loan, and amount of the loan. The generally-applicable rule under Florida’s usury

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