STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, FLORIDA REAL )

ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1673

)

ANN K. CROASDELL, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing on September 29 and November 16, 1982, 1/ in Orlando, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R.T. Carpenter. The parties were represented by:

APPEARANCES

For Petitioner: John G. DeLancett, Esquire

Post Office Box 6171-C Orlando, Florida 32853

For Respondent: Richard J.R. Parkinson, Esquire

602 East Central Blvd. Orlando, Florida 32501

This matter arose on Petitioner's Administrative Complaint charging Respondent with professional misconduct as a real estate broker in violation of Subsection 475.25(1), Florida Statutes (F.S.). The parties submitted proposed findings of fact which have been incorporated herein to the extent they are relevant and consistent with the evidence.

FINDINGS OF FACT

1. Respondent, Ann K. Croasdell, was a registered real estate broker at all times material hereto. She has been issued License #0141344.

   
   

2. On June 28, 1978, William Young, the owner of apartment #47, 848 Park Lake Circle, Maitland, Florida, conveyed said apartment to Susan B. Bickley. A warranty deed as to this transaction was recorded on June 30, 1978. On April 24, 1979, Bickley conveyed apartment #47, 848 Park Lake Circle, Maitland, Florida, to Respondent. This deed was recorded on April 25, 1979.

   
   

3. Thereafter, on April 26, 1979, Respondent conveyed apartment #47, 848 Park Lake Circle, Maitland, Florida, to William Young. The warranty deed was signed by Respondent in Young's presence and Respondent delivered the warranty deed to Young by physically handing it to him after the document had been

   notarized. The warranty deed from Respondent to Young was not recorded until September 3, 1980.

   
   

4. Over a year after she conveyed to Young, Respondent went to Levie Florida Investments, licensed mortgage brokers, and made application for a second mortgage loan on the subject property. Respondent dealt with James Levie, a mortgage banker with Levie Florida Investments. Levie was present when the application was made and saw the Respondent sign the document. His signature also appears on Respondent's mortgage loan application dated August 11, 1980.

   
   

5. On August 20, 1980, the closing for the second mortgage on apartment #47, 848 Park Lake Circle, Maitland, Florida, was held. On that date, Respondent executed a mortgage deed and mortgage note from herself to Levie Florida Investments, a certificate of confirmation specifically stating that Respondent was the owner, a notice to first mortgage holder, and a loan closing statement. At that closing, Levie Florida Investments disbursed, to Respondent, its check #5937, in the amount of $6,000.00. The check was signed by James Levie and was delivered to Respondent at the time of closing. Subsequently, the check was negotiated by Respondent and returned to Levie Mortgage marked paid.

   
   

6. Respondent never advised Levie Mortgage Company or any of it agents, including James Levie, up to and including the date of closing, that she had executed a deed to the property to any other party. She never indicated to anyone at Levie Mortgage Company or any of its agents that anyone else had any other interest in the property; nor did she ever indicate that she was acting as a trustee, agent or in any other fiduciary capacity on behalf of another person in seeking this loan. Further, Levie was never made aware by anyone, while the transaction was pending, that, in fact, a deed had been executed to another individual. It was not until after the loan had been closed and the mortgage had been placed in default that James Levie ultimately found out that a deed had been executed by William Young. This was discovered when he requested a title search be made by Giles, Hedrick & Robinson prior to the institution of foreclosure action.

   
   

7. The evidence was inconclusive as to the reason Respondent failed to inform Levie Mortgage Company as to the ownership status of the property on which she sought and obtained the second mortgage loan. Respondent claims she was serving in a trust relationship with William T. Young at the time. Young denies this relationship existed or that he had knowledge of the second mortgage transaction.

   
   

   CONCLUSIONS OF LAW

   
   

8. Section 475.25, F.S., provides in part:

   
   

   1. The board may deny an application for licensure or renewal, may suspend a license for a period not exceeding 10 years, may revoke a license, may impose an administrative fine not to exceed $1,000 for each count or separate offense, or may issue a reprimand, if it finds that the licensee or applicant has:

      1. Violated any provision of s. 475.42 or s. 455.227(1);

      2. Been guilty of fraud, misrepresentation, concealment, false promises, false pretenses,

         dishonest dealing by trick, scheme, or device, culpable negligence, or breach of trust in any business transaction in this state or any

         other state, nation, or territory; has violated a duty imposed upon him by law or by

         the terms of a listing contract, written, oral, express, or implied, in a real estate transaction; has aided, assisted, or conspired with any other person engaged in any such misconduct and in furtherance thereof; or has formed an intent, design, or scheme to engage in any such misconduct and has committed an overt act in furtherance of such intent, design, or scheme. It shall be immaterial to the guilt of the licensee that the victim or intended victim of the misconduct has

         sustained no damage or loss; that the damage or loss has been settled and paid after discovery of the misconduct; or that such victim or intended victim was a customer or a person in confidential relation with the licensee, or was an identified member of the general public; . . .

         
         

9. Respondent knowingly misrepresented herself as the titleholder to the apartment at 848 Park Lake Circle, Maitland, Florida, in August, 1980, when she sought and obtained a $6,000.00 mortgage loan from Levie Florida Investments. This misrepresentation was a violation of the above quoted provisions and subjects Respondent to disciplinary action under these provisions.

RECOMMENDATION

In consideration of the foregoing, it is RECOMMENDED:

That Petitioner enter a Final Order suspending Respondent's real estate broker's license for a period of three years. 2/

DONE and ORDERED this 21st day of March, 1983, in Tallahassee, Florida.

R.T. CARPENTER Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 21st day of March, 1983

ENDNOTES

1/ Case No. 82-1672 involving the same parties was also heard on these dates.

2/ This recommended suspension is intended to run concurrently with that recommended in Case No. 82-1672.

COPIES FURNISHED:

John G. DeLancett, Esquire Post Office Box 6171-C Orlando, Florida 32553

Richard J. R. Parkinson, Esquire 602 East Central Blvd.

Orlando, Florida 32501

William M. Furlow, Esquire Florida Real Estate Commission

Department of Professional Regulation Post Office Box 1900

Orlando, Florida 32802

Fred Roche, Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 82-001673

Orders for Case No: 82-001673