Ar. Bove STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION By. FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS - AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, Vv. DBPR Case NO. 2008035787 TIMOTHY R. DODGE, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Timothy R. Dodge (“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 H:\ac\dodge.te,doc FDBPR v. Timothy R. Dodge Case No. 2008035787 Administrative Complaint 3173563 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active sales associate with Sun Realty USA Inc., 3757 Tamiami Trail North, Naples, Florida 34103. 4. On or about April 18, 2005, Respondent, married to Lillian Dodge, sold the property located at 10061 Harbour Yacht Court, #201, Fort Myers, FL 33903 (Subject Property) to Heather Derowitsch (Buyer) for $319,000. A copy of the settlement statement is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. On or about April 18, 2005, Respondent had wife, Lillian Dodge, sign the Warranty Deed transferring title of the Subject Property to Heather Derowitsch. A copy of the warranty deed is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 6. On or about April 18, 2005, Respondent forged the signature of wife, Heather Derowitsch, on the Settlement Statement for the sale of the Subject Property. COUNT ONE Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, Ha\acldodge,te,doc 2 FDBPR v. Timothy R. Dodge Case No. 2008035787 Administrative Complaint or breach of trust in any business transaction in violation of Section 475.25(1) (b), 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 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 permittee 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 61d2-24,001. 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, Hi\ac\dodge.te.doc 3 FDBPR v. Timothy R. Dodge Case No. 2008035787 Administrative Complaint 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 permittee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist notice; or any combination of the foregoing which may apply.. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 6172-24.001. Signed this uf day of May , 2009. t ATTORNEY FOR PETITIONER yak C Lr ty Patrick Jatles Cunningham gohan ints “ee bison of Real Est Senior Attorney Florida Bar No. 469221 LEG eowanareensne2 SEE, Division of Real. Estate ; _ Department of Business and lep Sa : i Proves Ss 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: MG/MV 4/09 HAnc\dodge.te.doc 4 FILED FDBPR v. Timothy R. Dodge 2p9 Case No. 2008035787 Administrative Complaint JUN “3A I: 12 OIVISION OF NSIS TRATIVE THARINGS 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. : NOTICE TO RESPOND 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 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. ' H:Aac\dodge.tc.doc 5 ee eater hak OE US Ospatimera of Haleg aret Uibeg Deechapmesy OMN fer 2502-1245 A . . SETTLEMENT STATEMENT . B. Typenf Laon : _] LC) FHA 2.L) FmHA 3. 1X] Conv. Unins. 6. File Number: 7. Loan Number: 4. {}VA_5.f1 Conv. Ins. m05000-88 000655448506 8, Mortgaee Ins, Case CNATTE: Tia form a Gehry sateen of ail neko oes, Arrant pa are ey the eter ape ere aren, fiems mated POC mere pal tsk the Changs tay arg sbrmechote fur lloemeaibo © ™. NAME AND ADDRESS OF BORROWER/BUYER: {HEATHER DEROWITSCH 801 12TH AVENUE 502 NAPLES, FL 34102 ~ SCOTT L.LODS . : E. NAME AND ADDRESS OF SELLER: 7 Timothy R. Dodge . Dodge ” : . . 2004 Uy F. NAME AND ADDRESS OF LENDER: GMAC MORTGAGE CORP. P.O, BOX 4025 CORAOPOLIS, PA 15108-6942 G. PROPERTY LOCATION (Brief Legal): Block PH 1 BLDG 7 UNIT C MARIPOSA CONDO ay 10061 HARBOUR YACHT COURT 201 FORT MYERS, FL 33908 ADM H. SETTLEMENT AGENT: PLACE OF SETTLEMENT: : Builder's Title, Ine_239-541-7766 Contact: Trish Rupert 2804 Del Praia Bivd s-106 Cape Coml, FL_33904 i 1. SETTLEMENT DATE: . DISRURSEMENT DATE: a4 82005 o4/1g/2005 J.SUMMARY OF BORROWER(S) TRANSACTION K. SUMMARY OF SELLER(S) TRANSACTION 100. GROSS AMOUNT DUE FROM RORROWER: 400. GROSS AMOUNT DUE TO SELLER : 101. Contract sales price 319,500.00] 401, Contract sates price T_319.500.00 102, Personat Propet 402, Persanst Property 103. Scitlement charges to barrawer (line 1400) 4,775.74 | 403, 104. : : 404, : 105. Adjustments for items paid by Seller in advance Adjustments for hems paid by Selter in advance . 106. Cilyawn taxes : 406. Cityhown taxes . 107. County taxes County taxes ‘ 108, Assessmenis Asscssmenis 109, ANN. CONDO DUES 04/18/2005 in 12/31/2005 558,41 | 409, ANN. CONDO DUES 04/18/2005 1 12/31/2005 “58.41 110, . : 1th. . Tita. (4120. Gross Ampunt Duc From Borrower 324,834.15] 420. Gross Amount Due Selter 320,058.42 200, AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 00, REDUCTIONS IN AMOUNT DUE TO SELLER : 201. Deposit.or earnest man 21,000.00 { 501. 205. ae Adjustments far items tnpatd by Selter in advance 510. Citytown taxes: SL. County taxes 01/01/2005 to 04/18/2005 1,268.36 512. Assessments, Ai}, Sila, S15. . S16. BICA a 218. 219. 220. Total Paid By/For Borrower 241,768.36 Total Reduction Amount Due Seller 222,067.37 300. CASH AT SETTLEMENT FROM/TO BORROWER: 600, CASH AT SETTLEMENT TO/FROM SELLER : 301. Gross. Amount duc from borrower (line 120) 324,834.15 | 601, Gross amount due to seller (line 420) 320,058.41 302, Loss amounts paid by/for borrower (ling 220) 241,768.36 i 602, Less reductions in amt. due sulter (ling 520) 222,067.37 303. Cash [X}From {[To Borrower 43,065.79 | 603. Cash [XjTo []Peom Setler 97,991.04 SUBSTITUTION FORM 1099 SELLER STATEMENT: The information contained In Blocks €,G,H and | on line 401 {or i401 Is asterisked, fine 409 and 404) is: important tax infarmalion and ts being furnished to the Internal Revenue Service, tt you are required to file a return, a negligence penally or other Spnction witl be imposed on you il this item is required to be reported and the IAS determines that Il has not been reparted. -SELLEA, you are required by faw 0 provide the settlement agent wilh your correct taxpayer identificatian number. Ut yau do not provide the seltiement agent with your correc! taxpayer identification number, you may be subject to civil or criminal penalties impased by taw, Under penalties of perjury, I certify {hal the number shown on this statement is my cores taxpayer identification number, Se unt? Apr 2005 10:12:50 SAPHBAT 4 } ——-—-EXHIBFF=+} PAGE OF PASE Saye ei bee ee L. At Deyerimene at Howaang aes asm SET , SETTLEMENT CHARGES >] 700. Total Sales/Broker’s Commission bused on price fonts ra ousaton Paid fram: Borrower's Funds at] Settlement 701, Listing Realtor Commission $319,500.00 @ 1.5 9 = $4,792.50 To: REALTY EXEC. OF FT. MYERS 702, Selling Realtor Commissicn $319,500.00 @ 3% = $9,505.00 To: WORTHINGTON REALTY 703. Commission paid at Seutement eh : J YTEMS PAYABLE IN CONNECTION WITH LOAN wl. Loan Origination Fee : 802. Loan Discount 803. Appraisnt Fee To: GMAC MORTGAGE CORP, 804. Credit Report Ta; GMAC MORTGAGE CORP. 805. Lender's Inspection Fee 806. Morigage Insuraice Application Fee 807. Assumption Fee 808. Flood Centification Fee/LIFE OF LOAN To: GMAC MORTGAGE. CORP, 809. Flood DETERMINATION FEE To: GMAC MORTGAGE CorP. 810, DITECH FEE To: GMAC MORTGAGE CORP. B11. Courter Fee _Ta: GMAC MORTGAGE CORP. 900. ITEMS REQUIRED RY LENDER TO OB PAID INADYANCE 901. Toterest from 04/18/2005 to 05/01/2005 @ 35,82iday To: GMAC MORTGAGE CORP. 902, Mortnune Insurance Premium for 903. Hazard Insurance Premium for. 1000. RESERVES DEPOSITED WITH LENDER: 1001. Hazard insurance | 1002, Mortgage insurance 1003. City property taxes 1004. County propery inxes 1005. Annual assessments 1006. 1007. 1008. Aggregate Accounting Adjustment 1100. TITLE CHARGES . : 1101. Settlement or closing fee To: Builder's Title, Inc 1102. Abstract or tithe search To: TICOR 1103, Title examination To: Builder's Title, Inc 1104, Tithe insurance binder 1205. Document p 06. Natary Fees : 107. Attorney's Fees (includes above teri ntumtncrx: ) 1108. Title Insurance ‘To: Builder's Title, Inc. 2 (netudes above Hum numbers: ) 1109, Lenier's caverape219,500,00 a 25,00 110, Owner's cuverage31Y.500.00 © 1,672.50 ULL. END. 8.UFF9 To: Builder's Title, Inc i112, 1113. Overnight Couriur & Handling Fees To: Builder's Tithe, Inc 1200, GOVERNMENT RECORDING AND TRANSFER CHARGES (201. Recording fees: _Devd $18.50 Morizape $273.50, Releases $0.00 To: Clerk of the Court [ 1202. City/eounty tax/atamps; Mortgage $439.00 To: Clerk of the Court 1203, Stale tax/stamps: Dowd $2,236.50 Mortgage $768.25 To: Clerk of the Court 2.236,50 1204, RECORD HOA APPROVAL To: Clerk of the Court 1205. 1300. ADDITIONAL SETTLEMENT CHARGES | (301. Survey : i 1302, Pest ingpcetion 1303. SCAN AND STORAGE Tu: Builder's Title, Inc 47.50 i7a0| 1304, ESTOPPEL COMPLETION ‘To: MYERS, BRETTHOLTS AND CO. 0,00 1305, CAPITAL RESALE CHARGE To! SUITOR & ASSOC., INC, _| 197.50 __f 14U0. Total Settlement Charges (enter on tines 103, Section f and 502, Seetion K) _4.775,74] 18,454.00} {have earmtfly reviewed tha HUD-1 Sotlsment! Statement tnd ta tha bast af my knowtodgo and botia, tis a insa and aocurale wtatemant a all raceipis and disbursemoms mada on my econ or by mea In this trinsaction, Tether eertity that | have rocelyed 6 copy of HUD-1 Soitt ‘Statement, HORROWERS): kt i My \: Av WEATHER DEROWITSCH Tanthy SCOTT L. LODS: Dodge A | ‘Tha HUD-+ Satter nt which | have propated fz a true ark accurate account of this transaction. I have caused of will cause the lunds ta bo dishurtod in necurdance with this statement . : oo Matter’ FE tne the TE: Tares have been prorated based on lakes tur the yoar. Any ta-promation willbe handied between the buyer and seller, All utilly bits (water, newer, etecttic, cabte and ntenanee fees) have been paid or will ixe paid upan receipt of final bills, . ~fARINING: 1 ig a crime to knowingly make false stalemanis to tho United Statns on (hig or any alher similar form, Penaities upon conviction can include a tins orimmisonment, For. ‘details see: Tita 18 U.S, Code Section 1001 and Seedion 1010, . Sun,17 Apr 2005 10:12:59 ADMINISTRATIVE COMPLE ABT T \ EXHIBIT # DAL \ u : L OF — well! 26 8x33 pixels 7 06/25/2006 12:11 Peapuertd By: Trith Repars Budders Title, trie 2804 Oot Pend Hird S104 Onpe Carat, FL. : Incidnotel ip che Issuxnce of a titer ineurmnce policy. Ste Number: Beh SOO0-03 Parent LD 4; 27aS2q22060070000 WARRANTY DEED CNDIVIDUAL) ‘This WARRANTY DEED, dated 04/19/2005 by Tima: JOINED BY FAIS SPOUSE. Littun Marie Dodge, whose post office address ig +» » bacainnfter called the GRANTOR, to BEATSER DEROWITSCH, « single hand SCOLY LL. LODS, x dagla person, AS TENANTS IN COMMON, whoac post office address is 2006} Ber dns VWACHT COURT 201, FORT MYEES, FL 33908 hereinafter called the GRANTEE? 106 QVhorever used bareln the tenn “Grantoc™ and "Grade" pball Include af parties ta this inztnament and te hesen, togel reprtsamtativer und axsignn. OF individuals, and une auccureor and auiigne of comoraranr.) . WITNESSETH: That the GRANTOR, for and in consideration of the sum ef $10.00 and adter valuable considerations, receipt whereof ig hareby acknowledged, bareby grafit2, ‘borgains, sells, aliens, remires, celeagor, conveys and confirms unto the GRANTER, all that certta and ainvate in Lee County, FL, vin - unr C, BUTLpING 7% MAKIPOSA CONDOMINIUM, PHASE J. A CONDOMINIUM. ACCORDING YO THE DECLARATION OF CONDOMINIUM BKECORDED IN OFFICLAL RECORDS BOOK 3332, PAGE 2120 AND AMENDMENTS THERETO, AND aS PER PLAT THEREOF, OF HE PUBLIC RECORDS OP LEE COUNTY FLORIDA SUBIECT FO covenants, conditions, restricdiona, régenrations, Ymitatiors, exscmonts and agreements of récocd, it any: tantes and assessments Tor the yoar 2005 and subsequent yoars; anid to all applicable zoning ordinances andor cestrictions and prokibitions imposed by governmenmml authorities, iF aby- . TOGETHER with all the tenements, heraditaeats and eppucanancer thereto belonging or fn anywisc apperaining. fO HAVE AND TO-HOLD, the sume in fae simple forever, — : . ro AND THE GRANTOR hereby covenants with said GRANTEE thar except as above noted, the GRANTOR is Tawfiily seizad of said tand in feo atrapte; thot the GRANTOR has good. sight and lawful authority to afl and convey suid Jand; that the GRANTOR hexeby fully warrants the title ta said land and will dcfend the samc against the fawful clainrs of all persons whomsocver. - . TN WITNESS WHERBOF, GRANTOR bas signed and seated these presents the date: net forth above. SIGNED IN OF THE FOLLOWING WITNESSES: STATE OF: Florida COUNTY OF Lea ' [THE FOREGOING INSTRUMENT was acknowledged before me this 18th day of April, 2005 by Pitan mewige i ‘Litien Maxie Dadpe who is/are porsonalty Known to me or wha higfhave produced a3 identification. (SEAL) Print Names My Conrmission ae. v1 zfYfOT INSTR # 6808355 OR BK OA7@2 Py 45443 (1pg? RECORDED 05/24/2005 11s23eA2 an CHARLIE SREEN, CLERK OF COURT . LEE COUNTY, FLORIDA ’ RECORDING FEE 10.00 i SEED DUC 1,118.60 h40S000-%Y Mon,18 Apr 2008 9:47> 000064 Page Lof2 tp: (www Jeselerk.org/OR/ImageBrowserfimage sepxtimageld= 13364784 ADMINISTRALIVE COMPLE BAGE uf

Docket for Case No: 09-003009PL