STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, DIVISION OF )

REAL ESTATE, )

)

Petitioner, )

)

vs. ) CASE NO. 84-0786

)

ROBERT K. HUNTER, )

)

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in the above case before the Division of Administrative Hearings by its duly designated Hearing Officer, Donald R. Alexander, in Jacksonville, Florida, on May 24, 1984.

APPEARANCES

For Petitioner: Robert W. Lee, Esquire

Post Office Box 1900 Orlando, Florida 32802

For Respondent: Lacy Mahon, Jr., Esquire

350 East Adams Street Jacksonville, Florida 32202

BACKGROUND

By administrative complaint filed on January 25, 1984,

petitioner, Department of Professional Regulation, Division of Real Estate, alleged that respondent, Robert K. Hunter, a licensed real estate broker, had violated Subsection 475.25(1)(b) Florida Statutes for which disciplinary action against his broker's license should be taken. More specifically, petitioner charged that in June, 1983, respondent made false and misleading statements to a lending institution in Jacksonville, Florida, in order to secure a mortgage loan on two parcels of property in Jacksonville, which respondent did not own. It is further alleged that had the lending institution known the true facts concerning the property on which the mortgage was secured, it would not have approved and granted the mortgage loan. By reason of the foregoing petitioner charges that respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence or breach of trust in a business transaction in violation of Subsection 475.25(1)(b), Florida Statutes.

Respondent disputed the foregoing allegations and requested a formal hearing pursuant to Subsection 120.57(1), Florida statutes. The matter was referred by petitioner to the Division of Administrative Hearings on March 1, 1984 with a request that a Hearing Officer be assigned to conduct a hearing.

By notice of hearing dated March 22, 1984, a formal hearing was scheduled on May 4, 1984 in Jacksonville, Florida. On April 26 1984, respondent filed a motion to continue the hearing, and with petitioner's agreement, the same was granted and the final hearing rescheduled to May 24, 1984, at the same location. At the final hearing petitioner presented the testimony Elizabeth J. Hess, Knute Golde, Ella Golde, Raymond S. Rogers and Darrel Roberts, and offered petitioner's exhibits 1-8; all were received in evidence. Respondent testified on his own behalf.

There is no transcript of hearing in this cause. Petitioner filed proposed conclusions of law (but no findings of fact) on June 2, 1984 and the same were considered by the undersigned in the preparation of this order.

The issue herein is whether respondent's real estate broker's license should be disciplined for the alleged violations sets forth in the administrative complaint.

Based upon all the evidence, the following findings of fact are determined: FINDINGS OF FACT

1. At all times material hereto respondent, Robert Keith Hunter, held real estate broker's license number 013542 issued by petitioner, Department of Professional Regulation, Division of Real Estate. He is the registered broker for Hunter Real Estate, Inc., located at 118 West Adams, Suite 8-A, Jacksonville, Florida.

   
   

2. Hunter has been a long-time friend and neighbor of Elizabeth Hess who owns residential property at 1525 Hickman Road, Jacksonville, Florida. Respondent was active in real estate investments and asked Hess if she would agree to convey her property to him for a few months so he could use the equity in her house for investment purposes. She agreed to do so, and conveyed the property to Hunter by warranty deed recorded on June 14, 1983. The transaction was made voluntarily and with the full agreement and knowledge of Hess.

   
   

3. At about the same time, Knute and Ella Golde approached Hunter after they had attended an investment lecture he had given at a local junior college. They were interested in using their home equity to enhance their income. Hunter offered to pay Knute and Ella $600 each if they would convey to him the title of their home at 2239 Burpee Drive, East, Jacksonville, Florida for ninety days. They voluntarily agreed and did so by warranty deed recorded on June 14, 1983. Hunter paid them the $1200 as promised.

   
   

4. Hunter was a longtime customer of Credithrift, Inc., a mortgage brokerage firm located at 9000 Regency Square in Jacksonville. Over the years he had established his credit worthiness with the institution and was a valued customer. On or about June 20, 1983, Hunter met with Darrel Roberts, its manager, and negotiated a $23,239 loan using the Hess and Golde properties as collateral. Roberts was aware of the circumstances under which Hunter obtained the property and openly stated he was not "hoodwinked" as claimed in the administrative complaint.

5. The properties were later returned to Hess and Mr. and Mrs. Golde as originally agreed to by respondent.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction of the subject matter and the parties thereto pursuant to Subsection 120.57(1), Florida Statutes.

   
   

7. According to the administrative complaint, Hunter is charged with violating Subsection 475.25(1)(b), Florida Statutes, for making "false and misleading statements to Credithrift, Inc., to induce them to grant the mortgage loan."

   
   

8. The evidence clearly reveals that Hunter did not make false and misleading statements to Credithrift, Inc. to secure a loan, and such was confirmed by its manager who processed the loan application. There being no evidence to support the allegations, it is concluded the administrative complaint should be dismissed.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that all charges against respondent, Robert K. Hunter, be

DISMISSED with prejudice.

DONE and ENTERED this 13th day of June, 1984, in Tallahassee, Florida.

DONALD R. ALEXANDER

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 13th day of June, 1984.

COPIES FURNISHED:

Robert W. Lee, Esquire Post Office Box 1900 Orlando, Florida 32802

Lacy Mahon, Jr., Esquire

350 East Adams St. Jacksonville, Florida 32202

Docket for Case No: 84-000786

Orders for Case No: 84-000786