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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs MARTHA L. LOAIZA, 08-002762PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-002762PL Visitors: 10
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: MARTHA L. LOAIZA
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Kissimmee, Florida
Filed: Jun. 11, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 8, 2008.

Latest Update: Jun. 15, 2024
D8-ITbOPL STATE OF FLORIDA 78 JUN TE ATE 37 DEPARTMENT-OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, Vv. FDBPR Case N° 2007040501 MARTHA L. LOAIZA, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Martha L. Loaiza (“Respondent”) 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, in particular Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate sales associate, issued license number CADocuments and Settingdjennifer.mccarthy\Local SettingaTemporary Internet FilesSOLKB\loaiza.doc 1 FDBPR v. Martha L. Loaiza . . Case No. 2007040501 Administrative Complaint 3109985 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a sales associate with Sunshine Quest Realty, Inc., 1700 West Vine Street, Kissimmee, Florida 34741. 4. On or about August 18, 2006 Respondent was married to Luis Pinzon. A copy of the certificate of marriage is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. On or about August 18, 2006 Respondent knowingly gave a false sworn statement, affirming being a single women in a Quit Claim Deed transferring a real property known as Condominium Unit 112 in Building 23 of Villanova at Hunters Creek (Subject Property), to Respondent’s mother Alda J Ramirez. A copy of the quit claim deed is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 6. On or about August 18, 2006 Respondent recorded or caused to be recorded the Quit Claim Deed for the Subject Property. COUNT ONE Based upon the foregoing, Respondent is guilty of having placed, or caused to be placed, upon the public records of the CADocuments and Settingajennifer.mccarthyLocal SetiingsTemporary Intemet Files;OLKB\loaiza.doc 2 FDBPR v. Martha L. Loaiza Case No. 2007040501 Administrative Complaint County, any contract, assignment, deed, will, mortgage, lien, ‘affidavit, or other writing which purports to affect the title of, or encumber, any real property if the same is known to him to be false, void, or not authorized to placed of record or not executed in the form entitling it to be recorded, or the execution or recording whereof has not been authorized by the owner of the property, maliciously or for the purpose of collecting a commission, or to coerce the payment of money to the broker or salesperson or other person, or for any unlawful purpose in violation of Section 475.42(1)(j), Florida Statutes and, therefore, in violation of Section 475.25(1) (a), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or 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 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an C:\Documents and Settingajennifer.mccarthy\Local SettingdTemporary Internet FilesSOLKB\toaiza.doc 3 FDBPR v. Martha L. Loaiza Case No. 2007040501 Administrative Complaint 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 permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 61092-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit 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 permitee to complete and pass additional real estate 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 Section 455.227, Florida Statutes and Florida Administrative Code Rule 6132-24.001. C:\Documents and Settingajennifer.mccarthy\Local Settings3Temporary Internet FilesSOLK B\loaiza.doc 4 FDBPR v. Martha L. Loaiza Case No. 2007040501 Administrative Complaint SIGNED this \S day of { ope Q , 2008. <*\ Department of Business Professional Regulation Thomas O’Bryant, Jr. Director, Division of Real Esta : ent of Professional Rea Division of Real Estate ATTORNEY FOR PETITIONER Patrick James Cunningham Senior Attorney Florida Bar N° 469221 Division of Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX /k PCP: RDF/HF 4/08 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, 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 allowed by law, a hearing to be conducted in this matter in accordance with C:\Documents and Setting3jennifer.mccarthy\Local SettingaTemporary Internet FileXSOLKB\loaiza.doc 5 FDBPR v. Martha L. Loaiza . Case No. 2007040501 Administrative Complaint Sections 120.569 and 120.57 of the Florida Statutes; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your 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 twenty-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission 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 Explanation of Rights and Election of Rights form. C:\Documents and Settingdjennifer.mccarthy\Local Setting’Temporary Internet FilesSOLKB\loaiza.doc 6 q# LIGIHXS YLSININGY 40 a aoVvd | ANIWIdiN0O 3ALLY OFFICE OF THE CITY CLERK MARRIAGE LICENSE BUREAU Certificate of Marriage Registration QF 7003208 This Is To Certify That. Fernanda L. Pinzéa Hl residing at 150-14. Grand Central Pkwy, 1, Jamaica, WY 11432 at Cali Colombia ‘Pkuy, #1, Jemaica, NY 11492 “at Pereira Colombia Mere Married Harch 06,1797 at. QUEENS: 120-58 QUEENS BLVD. , KEW GARDENS y as shown by the duly registered license and certificate of marriage of said persons on file in this office. CERTIFIED THIS DATE AT THE CITY CLERK'S OFFICE . QUEENS, N.Y. _ Harch 04]9 97 PLEASE NOTE: Facsimile Signature and seal are printed pursuant to Section 11-A, Domestic Relations Law of New York. ‘ City. Clee: oG tht éw York Qa 39698 « me ADMIN PE Prepared By and Return to: INSTR 20060547776 E 1A. Moore OR BK @8816 PG 1554 PES=1 1330 N. John Young Parkway ’ onanoe cone COMPTROLLER, Kissimmee, FL 34741 @8/18/2606 4235244 PH i Q DEED DOC {AX 798.0a QUIT CLAIM DEED REC FEE 16.84 LAST PAGE This Quit Claim Deed dated August 18, 2006, by MARTHA L. LOAIZA, a single £06 JUN | ! woman, whose address is 121-11 Poppy Field Lane $112, Orlando, FL 32837, hereinafter ulVision sil called the grantor, to ALDA J-RAMIREZ, a single woman, whose address is 79-06 Main AQMINISTRATIVE HEARINGS Street, #1L, Flushing, Y 11367, hereinafter called the grantee. WITNESSETH: That the GRANTOR for an in consideration of the sum of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargain, quit claims, aliens, remises, releases, conveys, and confirms unto the GRANTEE, all the certain land situated in Orange County, Florida, viz: - Condominium Unit. Noé in Building 23 of Villanova at Hunter’s Creek, a Condominium ii Declaration of Condominium thereof, as recorded in Official Records Book 819 Rage 2271 of the Public Records of Orange County, Florida. Said premises nown as 121-11 Poppy. Field Lane $112, Orlando, FL 32837. : TOGETHER with all the tenements, jitaments and appurtenances thereto belonging or in any way appertaining. ‘TO HAVE AND-TO HOLD the same in fee simple forever. AND the GRANTOR hereby covenants with said GRANTEE that the grantor is lawfully seized of said land in fee simple; that the grantor bas good right and lawful authority to quit claim and convey said land. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. ; Signed, sealed and delivered in the presence of: State of Florida. County of Osceola I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and the County aforesaid to take acknowledgements, personally appeared Martha Loaiza, to me known to be the persons described in or who has have produced as identification and who executed the foregoing instrument and they acknowledged before me that they executed the same. yy hand and official seal in the County and State last aforesaid this \8* day of 2006. EXHIBI PAGE Notary STRATIVE. COMPLAI EXHIBIT #2 PAGE a UBookeeterPageis54 CFN#20060547776 Pagetofi A fh 37 OF / TL

Docket for Case No: 08-002762PL
Source:  Florida - Division of Administrative Hearings

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