a Oo 1) STATE OF FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION “Of FLORIDA REAL ESTATE APPRAISAL BOARD a FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION. Petitioner, OO- Ol d 6 v. CASE NO. 99-82006 99-82005 GREGORY L. GOLDSTON AND FRANK DELGADO, Respondents. ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Gregory L. Goldston and Frank Delgado (‘‘Respondents"), and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, including Section 20.165 and Chapters 120, 455 and 475, Fla. Stat, and the mles promulgated thereunder. 2. Respondent Gregory L. Goldston is currently a Florida state certified general real estate appraiser having been issued license RZ0002129 in accordance with Chapter 475 Part II, Fla. Stat. The last license issued to Respondent was as a state certified general real estate appraiser at 409 W. Hallandale Blvd.. Hallandale, Florida 33009. 4. Respondent Frank Delgado is currently a Florida state registered assistant real estate ” One w) FDBPR vy. Gregory L. Goldston Case No. 99-82005 Admunistrative Compiaint appraiser having been issued license RI0003869 in accordance with Chapter 475 Part IL. Fla. Stat. The last license issued to Respondent was as a state registered assistant real estate appraiser at 1815 W. 68" Street, Hialeah. Florida 33014-4438. 5. At all times material to this complaint, Respondent Delgado was employed at Appraisal Associates. 6. At all times material to this complaint. Respondent Goldston was the supervising appraiser for Respondent Delgado at Appraisal Associates. 7. Respondent Delgado’s license expired on November 30, 1998. 8. By check dated December 17. 1998. Nicolas Medina remitted $700 to the Respondent Delgado to prepare an appraisal report. The check was cashed by Respondent Delgado. A copy of the check is attached hereto. incorporated herein and made a part hereof by reference as Administrative Compiaint Exhibit 1. 9. By invoice dated April 26, 1999. Appraisal Associates advised Bankers Trust Mortgage that $1500 was due for services performed on the property located at 3616 W. Flagler Street. A copy of the invoice is attached hereto. incorporated herein and made a part hereof by reference as Admmnistrative Complaint Exhibit 2. 10. By letter, a representative of Bankers Trust Mortgage Corp. advised Appraisal Associates that the appraisal report had not been completed for Medina’s property and that the $700 fee had been collected in advance. A copy of the letter is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 3. 11. Respondent Delgado never provided the appraisal report or a refund to either Medina # , Ny) Nv) FDBPR v. Gregory L. Goldston Case No. 99-82005 Administrative Complaint or Bankers trust Mortgage Corp. 12. By letter, Respondent Goldston advised that Respondent Delgado was employed with Appraisal Associates when Medina paid for the appraisai report. Respondent Goldston advised that he never saw the order for the appraisal nor did he supervise the appraisal A copy of the letter is attached hereto, incorporated herein and made a part hereor by reference as Administrative Complaint Exhibit 4. COUNT I Based upon the foregoing, Respondent Frank Delgado is guilty of culpable negligence or breach of trust in a business transaction in violation of $475.624(2), Fla. Stat. COUNT II Based upon the foregoing, respondent Frank Delgado is guilty of failure to communicate an appraisal without good cause in violation of §475.624(16). Fla. Stat. COUNT II Based upon the foregoing, respondent Frank Delgado is guilty of operating or attempting to operate as a registered assistant appraiser without being the holder of a valid and current registration in violation of $475.626(1)(a), Fla. Stat. COUNT IV Based upon the foregoing, Respondent Gregory L. Goldston is guilty of culpable negligence or breach of trust in a business transaction in violation of §475.624(2), Fla. Stat. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Appraisal Board, or < , U Ww] FDBPR v. Gregory L. Goldston Case No. 99-82005 Administrative Complaint the Department of Business and Professional Regulation, as may be appropriate. to issue a Final Order as final agency action finding the Respondent( s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license. registration. or certificate: suspension of the license. registration or certificate for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense: imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to. requiring the licensee, registrant, or certificate holder to complete and pass additional appraisal education courses; publication, or any combination of the foregoing which may apply. See § 475.624. Fla. Stat. and Rule 61J1-8.002, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license, registration, or certificate: suspension of the license. registration. or certificate for a period not to exceed ten (10) years: imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand: imposition of probation subject to terms including, but not limited to. requiring the licensee, registrant. or certificate holder to complete and pass additional appraisal education courses: publication: restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. and Rule 61J 1-§.002, Fla. Admin. Code. wae v) FDBPR y. Gregory L. Goldston Case No. 99-82908 Administrative Complaint —_— SIGNED this - dav of A , 2000. Professional Regulation By: Herbert S. Fecker, Jr. Director, Division of Real Estate ATTORNEY FOR PETITIONER : ens ae Ghunise Coaxum Ore a, ; Fla. Bar No. 077348 7 a FDBPR-Division of Real Estate ty Fon, Legal Section Z 400 W. Robinson Street, N308A Ls /, Cu Orlando, Florida 32802-1772 Te (407) 481-5632 (407) 317-7260 - FAX PCP: MC/DG/EC 1/10/00 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat. is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request. within the time proscribed. a hearing to be conducted in this matter in accordance with Sections 120.569 and 120. 57, Fla. Stat.; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this 5 d ~N FDBPR v. Gregory L. Goldston Case No. 99-82005 Administrative Complaint matter: and that you have the right, at vour option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within oventy-one (21) days of receipt of this Administrative Complaint. the Petitioner will file with the Florida Real Estate Appraisal Board a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Expianation of Rights and Election of Rights form. oy OTT An ha at wb g Mui, FL 33135 a Miami, Flovide 33135 PP RAI sAL. : Continental Mee fea of Miami “Q2B398u » COLUMBUS INSTANT PRINTING S) PHONE 445-8215 FAX 445-7678 3618 & 3616 WEST FLAGLER 2ND FLOOR . Son fee. NOBBOOSL SE: ue 4-98 pg * 93 23° Naor MAY - OOOGh 3h an fo) g _ Blaze cs ere SOx fond Sez Com nN Oo . a oO VdldOld ‘S31 §s4‘q | Oo «a ‘ na Ss [#8 ao 88 > m So spd 3 m fess 2 OO «256 Qazon N BEES W sr08 B 8588 BSB 858S = S sec* Qe & SES ale. So g a 13 ome 3B —- Oo o~ ick ‘ge Jae i +m = L2-24-9% AINO USOd30 HOS > vesosase 4 vELEE VdINOT ‘STIaVD WHOO DOLLARS WEES ¥ “00000 nono. CLINI DINVE: < 2 .< 1749 E. HALLANDALE BEACH BLVD. #148 HALLANDABE, FLORIDA 33009 APPRAISAL, ASSOCIATES Dear Sirs. Please note that.vou currently have an outstanding clelinquent bill with Appraisai Associates that must be paid. Please aniange for payment within 10 days ofthis notice. “etusal to pay sdid bills will resuit in legai action atid said bills will be turned over to our attorney Rene ‘alomino, P.A. dor collection. Callection efforts will be through small claims court and include all cost associated with the collection process. Court judgethents will show on the non-corporate owners credit report. Additionplly, all clients with outstanding bills after 30 days of this notice will be circulated to the major wholesald|lenders, appraisers, title companies; and credit report providers via broadcast fax identifying the credit situation of the delinquent creélitor. We hope that you pay these bills as the credit was gianted to your company in good faith and services were rendered. : Someone from our company wiil be contacting you Airectly, Thank you Rossi Laso : re > Collections Department , > 954-295-3432 Pe APPRAISA \, ASSOCIATES 1748.B, Hallandale Beach Bivd #148 - Halléndate, FL 33009 ; Phone: 954 295 3432. Faxs.. ISU APR LESCOL Invoice © Date: Monday, 26 April, 1999 Prepared For: ; : Phone: BANKERS. TRUST MTG 640 NW 36 CT E MUAML FL. aj12s Rilew: . . - oe 1$0 to 180 Days f 3843573 11/03/1996 DORADO 11601 SV! 3 CT# 47MaMi, 130 to 210 Davy : 984341 j0/23/1998 DEL CARMEN 326 NE 2” ST, 984343 107231998 = MEDINA 3616 W FLAGLER STMIA, FL v (305) 649-7634 Fax: (305) 649-7326 rm. FEE: COLLECTED: gue: $275.00 $0.00 $275.00 $275.00 $0.00 $275.00 $1,500.00 30.00 $1,500.00 Total Due: $2,050.00 fu sANKERS TRUST MORTGAGE CORP. 640 N.W. 36th Court > Miami, Florida 33125 TEL. 649-7634 + FAX: 649-7326 CERTIFIED MAIL RETURN RECEIPT REQUESTED Appraisal Associates 1748 E. Hallandale Beach 3lvd. #148 Hallandale, Florida 33009 Re: Your letter of April 26/99 and statement Dear Sirs: in reply to your letter of above date which was faxed zo our office together with a statement, please be informed that it is you who owes money to our clients. All of the work that was ordered by us and completed by you was timely paid, per copies of cancelled checks in our possession. There is one order, 3616 W. Flagler St., Miami, Florida, ‘Medina) where you collected $700.00 in advance and never completed the work or even returned our numerous ehone calls. Mr. Medina is making a formal complaint against your company and *he appraiser who received cvhe $700.00 for work which was never done.with the Separtment of Business and Professional Regulation. de are turning this matter over to our Legal Department. Yery truly yours, hn. Lo ELENA V. PERNAS 2 ZVP/eg “1 1 Ww Go FEB IS AME: gut DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 401 NW 2*° AVENUE, SUITE N6I4 MIAMI. FLORIDA 33128 BRIAN A. PIPER. SR. INVESTIGATOR II DEAR SIR. : | HAVE READ THE COMPLAINT FILED WITH YOUR OFFICE. FRANK DELGADO WAS EMPLOYEED AS A REGISTERED APPRAISER WITH OUR COMPANY AT THE TIME OF THE COMPLAINT. BANKERS TRUST MORTGAGE CORPORATION WAS ONE OF THE CLIENTS THAT FRANK DELGADO DID BUSINESS WITH . NO OTHER APPRAISER IN THE OFFICE DID BUSINESS WITH SAID COMPANY AND FRANK DELGADO WAS THE SOLE CONTACT WITH SAID CLIENT. APPRAISAL ASSOCIATES IS NO LONGER IN BUSINESS, HOWEVER, AT THE TIME IT WAS CUSTOMARY FOR THE APPRAISER THAT RECEIVED AN ORDER TO GIVE IT TO THE SECRETARY TO HAVE THE ORDER PUT INTO OUR ACCOUTING SYSTEM. MR. DELGADO DID THIS HOWEVER NO APPRAISAL WAS EVER PERFORMED NOR DID HE CONSULT OR LET ME THE SUPERVISING APPRAISER KNOW ABOUT SAID REPORT. OUR ACCOUNTING SYSTEM WAS AUTOMATED AT THE TIME AND THE COMPUTER WOULD FAX OVERDUE BILLS. { HAVE NEVER SEEN THE ORDER FOR THIS APPRAISAL. NOR HAVE I PERFORMED OR SUPERVISED ANY WORK ON SAID APPRAISAL. MR. DELGADO WAS FIRED FROM OLR COMPANY IN JANUARY 1999 AND MOST LIKELY COLLECTED THE MONEY WITH NO INTENTION OF PERFORMING THE WORK. AT THE TIME OUR COMPANY GENERATED APPROXIMATELY 300 RESIDENTIAL APPRAISAL REPORTS PER MONTH AND RECEIVED ORDERS FOR AN ADDITIONAL 75 ORDERS THAT WERE PUT IN TO OUR ACCOUNTING SYSTEM AND LATER CANCELLED BY THE BROKER. APPRAISER OR HOMEOWNER. DUE TO OUR VOLUME AT THE TIME MANY CANCELLED ORDERS WOLLD SIT IN OUR ACCOUNTING SYSTEM FOR MONTHS BEFORE THE CLIENT WOULD FINALLY LET US KNOW. OUR COMPANY IS NOW CLOSED BLT WE HAVE RECENTLY HIRED AN ATTORNEY AND A COLLECTOR TO PROCESS AND CLAIM THE VALID OUTSTANDING BILLS WHICH TOTAL OVER $30.000. BASED UPON OUR ACCOUNTING RECORDS BANKERS TURST MORTGAGE CORP. CURRENTLY SHOWS A BALANCE DUE OF $550. NOT INCLUDING THE FRAUDULENT CHARGE ADDRESSED HEREIN. BANKERS CHOICE ENGAGED FRANK DELGADO AND REQUEST THAT THEIR CLIENT PAY HIM DIRECTLY $700.00 BASED UPON THE INFOMRATION THAT WAS PROVIDED TO ME IN THE COMPLAINT FILED. THIS COMPLAINT IS THE FIRST KNOWLEDGE OF THIS SITUATION THAT I PERSONALLY HAVE HAD. ‘\'E HAVE NEVER RECEIVED ANY PORTION OF THE MONIES COLLECTED BY FRANK DELGADO NOR DID WE HAVE DIRECT KNOWLEDGE OF THE APPRAISAL. FRANK HAD THE CHARGE ENTERED [NTO OUR COMPUTER ACCOUNTING SYSTEM BUT NO ORDER WAS EVER SEEN BY MANAGEMENT. NOR DO WE HAVE ANY FILE ON THIS SUPPOSED APPAISAL ORDER. WITHOUT KNOWLEDGE OF THIS ORDER WE DO NOT HAVE INTENT TO ENGAGE IN DISHONEST CONDUCT, NOR WOULD WE HAVE TO COMMUNICATE AN APPRAISAL THAT WAS NEVER ORDERED. IF ANY ADDITIONAL INFORMATION ‘§ NEEDED PLEASE CALL ME AT MY = OFFICE (954) 454-2468. _ ae ~6REG GOLDSTON- —_—— EXHIBIT, PAGE. es

Docket for Case No: 00-000770