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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs MARVIN L. POPKIN, 00-001428 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001428 Visitors: 3
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: MARVIN L. POPKIN
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Apr. 03, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 27, 2000.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA o x DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, 9, ©, r?) : FLORIDA REAL ESTATE COMMISSION ogy, Ke WS: 5 Pay FLORIDA DEPARTMENT OF BUSINESS Yin Oe O AND PROFESSIONAL REGULATION, Gp or OO4A826 Petitioner, vs. FDBPR Case Nos. 98-82454 98-83934 MARVIN L. POPKIN, 98-85059 Respondent. / | ADMINISTRATIVE COMPLAINT The Florida Department of Business and Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Marvin L. Popkin ("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, including § 20.165 and Chapters 120, 455 and 475, Fla. Stat., and the rules promulgated thereunder. 2. At all material times, Respondent Marvin L. Popkin was a licensed Florida real estate broker, issued license number 0070106 in accordance with Chapter 475(Part I), Fla. Stat. 3. The last license issued to Respondent was as an involuntary inactive broker at 770 Palm Bay Lane, 7H, Miami, Florida 33178. 4. At all material times, Lakeview Marketing Group, Inc. was a corporation registered as a FDBPR v. Marvin L. Popkin Case No. 9882454 Administrative Complaint ' Florida real estate broker, having been issued license number CQ1005112 in accordance with Chapter 475 (Part I), Fla. Stat. The last registered address was Post Office Box 402727, Miami Beach, Florida 33410 and 2200 S.W. 84" Avenue, Miramar, Florida 33025. Such corporate licensure, however, became null and void on July 14, 1998. | 5. From on or about December, 1997 through July, 1998, Respondent functioned as the sales agent for a developer, Flick Investments, Ltd. of Miami, Florida. Flick Investments was seeking to develop housing for low-income families in Miami. | 6. Respondent sought to solicit “reservation deposits,” and ultimately, contracts for sale and purchase for lots owned, and homes to be built by, Flick Investments. | 7. Respondent thus obtained numerous “Non-binding Reservation and Deposit Receipt Agreements” (“Agreements”) from consumers (a sample copy of which is attached and incorporated as Exhibit 1). Such Agreements purported to allow consumers to reserve lots in hopes of qualifying for financing, and ultimately entering into contracts for sale and purchase with Flick Investments. The Agreements also provided, in any event, that either the seller (Flick Investments) or the buyer (the consumer) could cancel the contract, and the deposit would be refunded to the buyer (the consumer). 8. Pursuant to such Agreements each prospective buyer would bypically make a $100 deposit, which was then to be placed into Respondent’s escrow account. 9. Flick Investments’ prospective buyers were then only required to lexecute a “Cancellation Form” (a true copy of a sample of same is attached and incorporated as Exhibit 2) FDBPR v. Marvin L. Popkin Case No. 9882454 Administrative Complaint / and send or deliver same to Respondent in order to be entitled to a refund of their deposit monies | (less, in some instances, a $16 credit report charge). 10. Respondent also facilitated at least one contract for sale and purchase on behalf of Flick Investments as seller, and Ms. Vernetta Lovett, as buyer. Respondent collected and was to escrow Ms. Lovett’s $500 deposit under such contract. A true copy of the subject contract for sale and purchase is attached and incorporated as Exhibit 3. | 11. On or about July 9, 1998, Flick Investments (after receiving numnerous complaints from many of its prospective buyers) requested in writing that Respondent transfer some $4,472 | in escrow funds back to it as the relationship with Respondent was ending. Flick Investments was seeking to facilitate refunds that were long overdue to prospective buyers who had cancelled their Agreements with it. A true copy of such request for escrow funds transfer is attached and incorporated as Exhibit 4. | 12. Respondent failed and refused to honor Flick Investments’ request for such escrow funds transfer, or to otherwise issue refunds to the affected consumers directly, 13. Beginning on or about November 3, 1998, Petitioner’s Investigator attempted to audit | Respondent’s records and escrow account, but was refused and rebuffed: | a. On November 3, 1998, Respondent was served with a subpoena by Petitioner’s Investigator, seeking: | | All past and present escrow bank account(s) statements, signature cards, and the broker’s monthly reconciliation statements pertaining to Marvin L. Popkin’s real FDBPR v. Marvin L. Popkin Case No. 9882454 Administrative Complaint estate brokerage business (Lakeview Marketing Group, Inc.), covering the period of the brokerage business inception to October 30, 1998. A true copy of such subpoena is attached and incorporated as Exhibit 5. b. On December 15, 1998, Petitioner’s Investigator called Respondent to inquire about the status of compliance with the subject subpoena. Respondent claimed that the Investigator had no “authority” to require him to produce any records and documents, and otherwise attempted to intimidate the investigator and dissuade him from fulfilling his duties. Respondent Popkin even threatened a civil lawsuit, and concluded the telephone conference with the admonishment to the investigator to “go f*** yourself.” | c. Petitioner was then forced to subpoena Respondent’s bank records directly from NationsBank of Jacksonville (the site of the records custodian, while the branch with which Respondent apparently did business was located in Hialeah). At that point, on or about January 22, 1999, Respondent caused his attorney to direct a “Motion to Quash Subpoena,” not to the appropriate Circuit Court, but to the Petitioner’s Investigator directly, with 4 copy thereof forwarded to some unknown and undisclosed location of NationsBank. A true copy of Respondent’s “Motion” is attached and incorporated as Exhibit 6. d. Certain records regarding Respondent’s escrow, and probably his operating, accounts were received by Petitioner’s Investigator from NationsBank on or about January 14, 1999. True copies of such records are attached as Composite Exhibit 7. 14. Respondent’s failure and refusal to provide information and documentation regarding FDBPR v. Marvin L. Popkin Case No. 9882454 Administrative Complaint | his escrow account(s) and real estate brokerage business--particularly as it relates to the concerns of Flick Investments, its prospective buyers and other consumers who had been denied refunds-- has greatly limited and hindered Petitioner’s investigation. Petitioner has been relegated to reviewing and interpreting Respondent’s escrow and brokerage actions and inactions from only the records supplied by Respondent’s bank, and limited records received from Flick Investments and its prospective buyers. Such analysis, in any event, reveals at least the following negligent or intentional errors, omissions and commissions by Respondent: | i a. Respondent maintained two accounts with NationsBank, Hialeah, Florida: one, | Account No. 3871501409, is specifically denominated as an “escrow account” and the second, Account No. 3871501239, may be an operating account. Regardless of designation, it would appear that numerous $100 deposits (the typical sum received from Flick Investments’ prospective buyers) were deposited in and commingled between both of these accounts. b. Respondent has allowed numerous and repeated shortages to occur in the escrow account, No. 3871501409, due to at least the following: i. Failure to place sufficient broker funds in such account to cover monthly bank fees, the costs for printing checks, returned check charges and other | charges. ii. The issuance of several checks on such escrow account which were returned for insufficient funds (and/or thus returned check charges were | FDBPR v. Marvin L. Popkin Case No. 9882454 Administrative Complaint incurred and paid from other escrowed funds remaining in the account at later times and/or were replaced by Respondent from time to time by other personal or corporate monies). iii. | The authorization, issuance and use of (automatic) bank teller cards for such escrow account, and on at least two occasions in June of 1998, when Respondent (or his assigns) withdrew some $1,100 for, apparently, personal uses. c. Ifthe second account, No. 3871501239, is, was or should have been designated as an escrow account, the same shortages concerning fees, charges, insufficient funds checks and (automatic) bank teller withdrawals have been experienced there. d. At least one $100 deposit was apparently made by one of Flick Investment’s prospective buyers, Codey L. Erwin, on January 20, 1998--which was prior to the time that Respondent had even established an escrow account with NationsBank. Moreover, even if Respondent did place Mr. Erwin’s $100 deposit into his escrow account, No. 3871501409, on or about January 26, 1998, such action would have been more than three business days after such check was apparently received by Respondent (or one of Respondent’s salespersons). A true copy of Mr. Erwin’s deposit check is attached and incorporated as Exhibit 8. e. Several of Flick Investment’s prospective buyers’ deposit checks, or even cash deposits, were either untimely placed into Respondent’s escrow account, No. 3871501409, or FDBPR v. Marvin L. Popkin Case No. 9882454 Administrative Complaint were never deposited at ail, including, but not limited to: i. A February 1, 1998 $100 check from Ms. Stephanie Terry; ii. A February 5, 1998 $100 check from Ms. Gwedolyn Baylor; iii, | A February 9, 1998 $100 cash deposit from Ms. Mabel J. Miller; iv. A February 10, 1998 $500 check (contract) deposit from Ms. Vernetta A. Lovett; v. A February 28, 1998 $100 check from Ms. Yolanda M. Thompkins; vi. A March 1, 1998 $100 cash deposit from Ms. Rosario Reyes; and/or vii. A March 23, 1998 $100 check from Ms. Bonnett D. McDaniel. (True copies of such cash deposit receipts and checks are attached and incorporated as Composite Exhibit 9). , f The bank statements also apparently indicate that Respondent closed the escrow account, No. 3871501409, in August of 1998, and then continued with only the “operating account,” No. 3871501239, through at least the end of December 1998. Thus, by the time Petitioner’s investigator began inquiring about the escrow accounts, bank records and other information and documentation in November 1998, Respondent knew full-well that he had failed or refused to comply with all statutory and rule requirements for the maintenance, proper disbursement and record-keeping for such escrow funds. g. Moreover, from at least the beginning of September of 1998 and through the end of iF FDBPR v. Marvin L. Popkin Case No. 9882454 Administrative Complaint such year, Respondent’s “operating account” also certainly contained insufficient funds to satisfy Flick Investments’ and their clients’ demands for the return of some $4,472 in escrow funds. | 15. Upon information and belief and subject to continuing discovery, Respondent has failed and refused to properly reconcile his escrow account(s) and to maintain records of same for inspection by Petitioner and the Florida Real Estate Commission. | 16. Upon information and belief and subject to continuing discovery, Respondent has failed and refused to properly collect and maintain records of his real estate brokerage operations, particularly as relating to Flick Investments and its prospective buyers/clients. COUNT I Based upon the foregoing, Respondent is guilty of multiple instances of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device in any business transaction in violation of § 475.25(1)(b), Fla. Stat. | COUNT II | Based upon the foregoing, Respondent is guilty of multiple instances of culpable negligence or breach of trust in any business transaction in violation of § 475.25(1)(b), Fla. Stat. COUNT Il Based upon the foregoing, Respondent is guilty of failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly authorized in violation of § 475.25(1)(k), Fla. Stat. FDBPR v. Marvin L. Popkin Case No. 9882454 Administrative Complaint COUNT IV Based upon the foregoing, Respondent is guilty of failure to timely deposit escrow funds in violation of Fla. Admin. Code R. 6132-14.008(1)(c) and § 475.25(1)(e), Fla. Stat. COUNT V Based upon the foregoing, Respondent is guilty of failure to accou violation of § 475.25(1)(d)1, Fla. Stat. COUNT VI int or deliver funds in Based upon the foregoing, Respondent is guilty of depositing or intermingling personal funds with funds being held in escrow or trust or on condition in violation of Fla. Admin. Code R. 61J2- 14.008(1)(c) and § 475.25(1)(e), Fla. Stat. COUNT VII Based upon the foregoing, Respondent is guilty of failure to prepare the required written monthly escrow statement-reconciliations in violation of Fla. Admin. Code R. 61J2-14.012(2) and (3) and § 475.25(1}e), Fla. Stat. COUNT VIII Based upon the foregoing, Respondent is guilty of failure to preserve the Petitioner, all books, records, and supporting documents relating to his violation of § 475.5015, Fla. Stat. and make available to brokerage business in FDBPR v. Marvin L. Popkin Case No. 9882454 Administrative Complaint COUNT IX Based upon the foregoing, the Respondent is guilty of failure to comply with a subpoena in violation of §§ 455.223, Fla. Stat., 475.42(1)(h) and 475.25(1)(e), Fla. Stat. COUNT X Based upon the foregoing, the Respondent is guilty of having obstructed or hindered in any manner the enforcement of Chapter 475, Fla. Stat. or the performance of any lawful duty by any person acting under the authority of Chapter 475, Fla. Stat. in violation of §§ 475.42(1)(), and 475.25(1)(e), Fla. Stat. 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, Fla. Stat., 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 $1,000 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 § 475.25(1), Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) 10 FDBPR v. Marvin L. Popkin Case No. 9882454 Administrative Complaint of Chapter 455, Fla. Stat., 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 § 455.227, Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. SIGNED this 6 Ie day of Loclohwr , 1999. epartment of Busin Professional Regulation By: Herbert S. Fecker, Jr. Director, Division of Real Estate 11 FDBPR v. Marvin L. Popkin Administrative Complaint Case No. 9882454 ATTORNEY FOR PETITIONER Robert W. Burijon, Jr. Florida Bar N° 434485 Senior Attorney, Real Estate Department of Business and Professional Regulation Legal Section - Suite 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX RWB PCP: HF/JR 10/99 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 Complaint you may request, within the time proscribed, a hearing to this Administrative 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 matter; and that you have the right, at your option and expense, to take cross-examine witnesses, and to have subpoena and subpoena duces t behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file [eptesentatve in this estimony, to call and ecum issued on your an Election of Rights form or some other responsive pleading with the Petitioner within fedaty-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 fo 12 rm. . \ WD a WU NON-BINDING RESERVATION AND DEPOSIT RECEIPT AGREEMENT an) ey ae Slate tip, Home Telephone: (OS )_GST-SALT Office Telephone: ( asa good faith deposit towards purchasing the house anq__ yen as follows: Sal) s Lot 1, Bloc) Subdivision Model Ce es. V/ eu/ Estimated Purchase Price: $ This deposit shall be held by Seller in an interest-bearing accou County, Florida. The deposit shall be returned to Buyer at ai this Agreement and return the non-binding reservation deposit, in which LAKEVIEW MARKETING GROUP, INC. as agent (" ent") ESTMENTS, LTD. ("Seller") does hereby acknowledge receipt of the sum of 5. LOO from Mamie ("Buyer"), whose address is City M14 at a bank doing business in y time, upon written demand, it all parties will be released Seller may, at any time prior to entering into a binding Purchase re Sale Agreement, terminate from any further obligation one to the other. In the even the purchase pri Buyer shail have the right to terminate this Agreement and receive return’ purchaser of the above-referenced home, Seller will notify Buyer and su is higher than the estimate, of the deposit. After Seller has it the binding Purchase and Processed Buyer's application for financing qualification and has ond sua ie oe Buyer as a Sale Agreement to Buyer. Upon submission of the binding Purchase an shail become a binding Agreement and closing shall proceed. Sale Agreement, this document If a binding contract is not entered into within ninety (90) days of we date of this Agreement, this Agreement shail become null and void, and Seller shall return Buyer's de| NOTE: MAKE CHECKS PAYABLE TO LAKEVIEW MARKETING GRO THIS DEPOSIT RECEIPT AGREEMENT IS NON-BINDING UPON ALL \pie Printed Name Signature Printed Name Signature Dated: AGENT: sit. P, INC. ESCROW ACCOUNT. ARTIES. LA\ 'W MARKETING GROUP, INC. By: Name: Title: NOTICE REGARDING ESCROW FUNDS All monies de account. posited pursuant to this Agreement shalt be held in escrow in an interest-bearing BUYER SHALL TENDER DEPOSIT FUNDS OF UP TO 10% OF i PURCHASE PRICE. All escrow monies will be held pursuant to Florida Statues §501.1 Buyer upon Buyer's written demand, without interest. —_____.. (Buyer's initiais) (Buyer's Initials) (Agent's Initials) Aart Mert Werry\DepositReceipt-EscrowFurds.” ras PAGE 75 and will be released to 9549286544 THE CCUNSEL BLDG. T-529 P-@Oi TUL G2 '98 11:47 U UW LAKEVIEW MARKETING GROUP, INC. P. 0. Box 402727, Miami, FL 33140 CANCELLATION FORM DATE: q Jf. LIF NAME: AS ADDRESS: . Le, MMA) omy LL state 23/2ip TELEPHONE: 570.56 ZF SV/G/HOME OFFICE INITIAL CONTRACT DATE B/6/FE CANCELLATION DATE DLP F3 DEPOSIT AMOUNT g LC) Of CEPOSIT AMOUNT REFUNDED 8 DATE DEPOSIT REFUNDED PROPERTY ADDRESS . | CITY ___sTaTE zip —_LoT ____ stock SUBDIVISION BUYER: , . ° i _ LAKEVIEW MARKETING GROUP, INC. % Agent for Flick Investments, Ltd. nature , Signature SELLER: EXHIBIT___" PAGE me PHONE NO. : 'w) Jul. 11 1997 83:13AM PL PURCHASE AND SALE AGREEMENT This Agreement Is executed as of FEB - 10, 1998, by Lakeview Marketing Group, Inc., as agent (“Agent”) for Flick investments, Ltd., 2601 S. Bayshore ve, Suite 1225, Coconut Grove, FL 33133, Telephone: mile: GOS) 85! a Forida limited partnership seller) and R Aer, Buye NW 4) TH a One: EL BAAN BO A. Sale. Buyer agrees to buy and Seller agrees to sell Lot Block fF Subdivision rding to the-Piat thereof as recorded In Book of the Public Records of County, Florida together With the model dwelling unit which has been instructed by Seller on that lot tthe and dwelling unit hereafter referred to:as the oak wn Wes and conditions of this agreement. RESS = WW. The total purchase p RE Sr the property RD OT. $ 00. OO Extras included: gu) gD) gd) Is Total § . OO Buyer has made a Deposit to bind thi Agreement in the amount of 3800.00 _ Additional Depgsit due prior to closing (due on ) S. Mortgage N/E ‘amount of 5 a7 FOO.CO Total Cash to Close s 800.00 _ All deposit checks must be made payable to Lakeview Marketin Group, Inc. This Agreement shall not be binding until the check has cleared. The deposit shall be held and disbursed in accordance with Florida Statutes §501.1375. The BADE payable at closing shail be paid by cashier's check drawn on a bank doing business in Inty, Florida. purchase price. 2. Deposits. Florida Statute §501.1375 provides: THE BUYER OF A ONE-FAMILY OR TWO-FAMILY RESIDENTIAL DWELLING UNIT HAS THE RIGHT TO HAVE ALL DEPOSIT FUNDS (UP TO 10% OF THE PURCHASE PRICE) DEPOSITED IN AN ESCROW ACCOUNT. THIS RIGHT MAY BE WAIVED, IN WRITING, BY THE BUYER. Such law further provides that interest dccruing on such account shati be paid to Seller at closing, in the event of closing, Buyer shall ive no credit for the accrued interest against the purchase price. in the event the Buyer pro} rly cancels this Agreement, Buyer shall be entitled to the return of its deposit. . Seller will not use the escrow monies for bultding purposes, 3. Construction Specifications. The Property will b2 constructed substantially in accordance with the plans and specifications prepared by Seller's architect. Seller reserves the right to make, without notice, whatever changes in the plans an specifications which may be deemed advisable or necessary by Seller, the architect, or the engineers, or as may be required by law. if circumstances arise which, in Seller's opinion, warrant changes of suppliers, manufacturers, brand names or items, Seller may substitute eq pment, materials, appliances and the Iike in its sole discretion. No changes in construction or materials Seller makes may adversely affect Buyer's Intended use and enjoyment of the P ‘operty or resuit In material changes in the quality of the Property's components and no su changes shail give Buyer a cause of action for breach of contract or warranty. Buyer understands that various items which may be seen in models or illustrations are not Included with the sale of the Property unless specifically provided for in a Rider to this Agreement. 4. Mortgage Loan Application. Buyer agrees to make appiication and execute ail necessary papers for a mortgage foan in the amount set forth above within five «) business days of the Effective Date. Buyer shall have sixty (60) days from the date of making sald toan application to be approved for mortgage financing. it will be Buyer's responsibility to notify Seller in writing of his inability to obtain approval for mortgage fi ancing within sixty (60) days Of application. Failing to do so or to obtain ar extension in writing from Seller to obtain such mortgage financing will result in Buyer being In default, and the! default provisions regarding default by Buyer in this Purchase and Sale Agreement will contro}. in the event that the foan application Is rejected by the lending Institution passing upon the credit of Buyer, then ail monies deposited will be returned to Buyer and this Purchase and Sale Agreement will be null and void, except for out-of-pocket costs paid by Seller, together with any extras paid by Buyer FROM : Jul. 14 1997 @3:13AM P2 ( PHONE NO. : fo) as provided for in this Agreement and extras ordered by B on any Construction Change Orders, which will be retained by Seller. However, if the mortgage loan application Is approved and Buyer refuses to complete the transaction in accordance the terms herein contained, or If Buyer refuses to make application for a mortgage loan or provides false information on the mortgage foan application or refuses to cooperate or comply with the requirements of the lender processing the mortgage toan application, then Buyer will be in default and the default provisions regarding default by Buyer contained in this Pu and Sale Agreement will control. 5. Inspection Prior to Closing. Buyer will be gi examine the Property with Seller's representative before ci and shall sign a punchiist at that time listing the Items, if any, which need correction. if item Buyer lists actually is defective in workmanship or matertal in si 's opinion (keeping In mind the construction standards prevalent for simliar property in Seller's cost within a reasonable period of time after Closing. r, No such punchitst item shall be grounds for deferring the closing nor for imposing any condition on Closing as tong as a Certificate of Occupancy has been issued for the Property, and no escrows or holdbacks of closing funds will be permitted. a reasonable opportunity to Buyer acknowiedges that ail matters pertaining to the construction of the Property will be handied by Seller and Seller's representatives and agrees not'to interfere with or interrupt any workmen at the Property. Personal inspection may be only at times designated by Seller and with Seller's prior written permission. 6 Closing Oate. seller shail have the right to schedule the date, time and place for closing. Before the closing can occur, however, Seller must in from the appropriate government agency a Certificate of Occupancy (or its equivalent covering the Property. Buyer will be given at least five (5) days’ notice of the ciosing date, time and place. seller may postpone the Closing if any problems arise. if closing Is o ned, Seller must give Suyer at least five (5) days’ notice of the new closing date. Although not required to, Seller may agree to reschedule Closing at Buyer's request, In which event Seller shall have the right to charge Buyer interest on balance of the purchase price at the highest lawful rate from the date closing was originally scheduled to the date the closing actually occurs and all prorations of expenses related to the Property shall be made as of the date the closing was originally scheduted. 7. Closing. Title to the Property will be good and ble, subject in either case to the exceptions specified below. Buyer will receive at Closing, as conclusive evidence that his titte is good and marketable, a written commitment from a title Insurance company licensed in Florida agreeing to issue Buyer a title Insurance policy for the amount of the purchase price. Permitted exceptions in the commitment and policy are: ' a, Liability for all taxes for the Property starting the| year Buyer receives title. b. Any laws, restrictions, covenants, conditions, limitations, agreements, reservations and easements recorded in the public records. c. Any mortgage executed by Buyer. d. The standard printed exceptions contained in te standard ALTA Owner's title Insurance policy Issued In the county of which the Property Is lo |. Closing, Buyer shall pay the balance of the purchase price and any additional amounts suyer Owes under this Agreement. Buyer will receive at closing a Special Warranty Deed to the Property and an Owner's Affidavit assuring there are no llens against the Property. 8. Buyer's Default and Seller's Remedy. if Buyer falls to complete the purchase of the Property on the scheduled closing date, or if Buver fails to perform promptly any of Its other obligations under this Agreement, Buyer will be in default. if Buyer Is in default, Seller will have the right to cancet this Agreement and retain the deposits Buyer has pald together with any accrued Interest on all deposits, and all advance payments gn options, upgrades and the like, as agreed and liquidated damages because such damages are uncertain and Seller and None of these exceptions will adversety affect the use of eae as a residence. At Seller will have no right of specific performance, nor right to sue Buyer for any other damages nor to take any other action against Buyer because of Buver's default. (f Buyer defauits, Buyer promises not to sue for the retum of the deposit or other payment Seller is entitied to retain under this Agreement. 9. Closing Costs. At closing Buyer will be responsible to pay: me PHONE NO. : j a. Prepayments required by the Mortgagee, for real estate taxes and insurance and mortgage insurance, if a Buyer will be responsible for any utility d c. Seller will advance to the Buyer up to price to be applied to Documentary stamps on the wa Mortgage, Documentary Stamps on the Promissory Note, ti appraisal and points to the Mortgagee, and recording of docum 10. Insufation, The types, thickness, and R-values of the last page of this Agreement. Buyer understands that the Rvaiues given are based Seller by the manufacturers of the Insulation and that Setter Is These insulation disclosures are subject to Seller's right to limitations of ilability stated In this Agreement. iF the Info! been provided when this Agreement is signed, it Is because i disclose to Buyer In writing before the closing the type, th installed or to be installed in the Unit when that information b 41. Completion pate. Seller agrees to use its best of the Property on the date set forth on the first page hel complete construction of the Property, in the manner period of two (2 years from the date of this Agreement (plus any delays In construction caused by Acts of God, government events that would support a defense based on impossibility of Seller's contro}. 12, Seller's Default and Buyer's Remedy. if Seller under this Agreement, Buyer may seek the return of the depos to exceed the deposit, plus Two Thousand Five Hundred and no. Jul. 11 1997 @3:14AM PS which will Include prepayments Deed, Intangible Tax on the le insurance premium, survey, nts. the insulation are set forth on olely on Information provided jot responsible for their errors. changes and to applicable lon mentioned above has not is unavailable. Seller agrees to jess and R-value of all insulation mes available to setter. rts to complete construction . Seller agrees to substantially in this Agreement, within a period equal to the periods of rders, labor problems or other formance for reasons beyond falls to perform Its obtigations or sue Seller for damages not 00 ($2,500.00) Dollars. 43, Subordination, suyer agrees that all terms and pI and shall be, subject and subordinate to the lien of any or placed upon the subject property and to any advances thereon, to the full extent thereof, without the execution of the Buyer. Nothing by reason of the execution of this Agree! or granting unto the Buyer any ilen upon the subject unit, Buy! relinguishes any lien or lien rights, legal or equitable, which available to Buyer by operation of law of otherwise. 14. Notices. Any notice or notification to be Agreement shail be in writin requested, facsimile, or by courier to suyer or Seller at the a} Page 1 of this Agreement. A change of address will be effective 45. Transfer or Assignment. Buyer may not assign this Agreement without Seller's prior written consent. 16. of the Property and once signed It may be amended onty In wri Any prior agreements, representations, understandings and o! this Agreement are of no force or effect and Buyer acknowiled: them. 17. Attorneys’ Fees. The prevailing party shall be fees, paralegal fees and court costs Incurred in connection Agreement, at trial and upon appeal. 18. default, time being of the essence of all matters in this Agreeme 19. Joint and Several obilgation. if more than one Buyer, each such personal shall be liable for full perform Obligations under it. Individuals or together. This Agreement Is binding upon the p: heirs, personal representatives, successors and permitted assigns. 20. specimen copy of which has been delivered to Buyer. That Limi express warranty. TO THE MAXTMUM EXTENT LAWPUL, SELLER SPECIFICALLY DI: OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY Al WARRANTIES REQUIRED BY FLORIDA LAW AND THOSE RELATING COVERED BY SELLER'S LIMITED WARRANTY AND ARE CO! PRODUCTS” UNDER 15 U.S.C. STATUTE 2301 ET SEQ.). 3 Entire Agreement. This Agreement is the entire Time of the Eseenes. Performance at the times absolute importance and any failure to perform at those spi Seller may enforce this Agreement a Limited Warranty. seller will deliver to Buyer a te NSIDERED isions of this Agreement are, heretofore or hereafter made eretofore or hereafter made Iny further legai documents by it shall be construed as giving r hereby expressiy waives and ight otherwise accrue or be en in connection with this 9 and sent by either certified or registered mail return receipt propriate address inserted on inty when received. sell or transfer any interest in contract for sale and purchase Ing signed by Seller and Suyer, | statements not expressed In jes he has not relled on any of titied to reasonabte attorneys‘ ith {itigation retating to this stated in this Agreement ts of cific times shail constitute a it. erson signs this Agreement as jainst each of the Buyers as ities to It and their respective = of all Buyer's duties and closing a Limited warranty, a d Warranty will be Seller's onty IMS ALL IMPLIED WARRANTIES HABITABILITY (EXCEPT ONLY [TO ITEMS, IF ANY, WHICH ARE TO BE “CONSUMER FROM : I Jul. 11 1997 83:15AM P4 U PHONE NO. : ww 21. Waiver. Sellet’s waiver of any of its rights or remedies shall not operate to waive any other of Seller's rights or remedies or to prevent Seller from enforcing the waived right or remedy In another instance. . : 22. Model, Notwithstanding anv other provisions in this Agreement to the contrary, If Seller nas constructed for any reason whatsoever a ho! on the tot which does not correspond to the designated mode! as shown on the first p: of this Agreement, Buyer will have the option of having said mode! constructed on anothpr tot In the development as selected by Seller or having the deposit money returned. If said deposit money fs returned, this transaction will be rescinded and neither party will owe any duty or obligation to the other. These two remedies will be the exciusive remedies of B constructed a house which does not correspond to the model this Agreement. 23. Furnishings Not Included. Ail furniture, furnishi in the event that seller has lesignated on the first page of and equipment exhibited In the model are for exhibition purposes only and are not Included in the sale of the Property. Survey. At closing Seller will deliver an accurate survey of the Property re- 24, certified within three (3) months of the closing date. 25. Recordation. Neither party may record this Agreement in any public records. If Buyer records this Agreement anyway, Seller may cancel it and e entitied to all the remedies provided for a default by Buyer. Suyer agrees, if he records this Agreement, to execute any documents necessary to remove the resulting possible cloud o| and, If he fails or refuses to execute such documents after Seller legal fees and expenses entailed in removing the cloud. Seller's title to the Property juests him to, to pay Seller's 26, Survival and incerporation. The provisions and|disciaimers in this Agreement which are Intended to have effect after the Closing shall survive the closing. 27. ‘Gender and Pluraiity. References to Buyer in thi singular shat be construed to encompass the other genders and 28. NO Representations. No broker, salesperson, authorized to give any Information or to make any representati In written offering materials provided by Seller, and, if given Agreement In the masculine @ plural when appropriate. or other person has been s other than those contained r made, such information or representations must not be relied upon as having been authorized by the Seller. By executing this Agreement, SBuyer acknowledges that no representatio! concerning the economic benefits to be derived from the rental 29. Paragraph Headings. The paragraph headin convenience only and do not affect the meaning or scope of the accumulated In a bullding In sufficient quantities, may present hi exposed to it over time. Levels of racon that exceed federal ai have been or are made r resale of the Property. in this Agreement are for rovisions which follow them. ith risks to persons who are id state guidelines have been 30. Radon Gas. Radon Gas is a naturaily occurring pate gas that, when it has ig found In buildings in Florida. Additional information regardi obtained from your county public heaith unit. radon gas testing may be 31. Effective Date. The Effective Date of this Agreement is the day both agent and Buyer execute same. Date: Fee. (Oo, (94 g x Vor illes Clam LouiDO AGENT: pate: FEB. 10,1998 LAKEVIEW MARK By: Name: Title: INSULATION INFORMATION The types, thickness and R-values of the insulation are as follows: Location Type Thickness R-Value Se ateAgt CoMPrrion « Sewer Uhir Deuver The Mover In ORGuat wo 2601 South Bayshore Drive Suite 1225 Miami, FL 33133 Phone: (G05) 859-8484 Fax. (305) 859-8489 Fax To: Marvin Popkin From: Ruth A. Bydash Fac (305) 754-5651 Pages: 2 Phone: (305) 751-9999 Date: 798 Re: Transfer of Escrow Funds ce: O Urgent O ForReview (1 Please Comment C Please Reply O Please Recycle © Comments: Attached please find a list of active buyers that have deposited funds into Lakeview Marketing Group, Inc. This list represents $3400, which | would apy into the escrow account of Flick investments, Ltd. immediately. The other two (2) lists represent people who wish to cancel, however, have yet to would appreciate it if you would deliver these checks to the sales office as op that we have an accurate record of them being received. Also, any previous addition to this list, should have the additional $16 transferred to Flick Investment since the credit report charges have been paid by us. je escrow account of jate you transfering receive their refund. | to mailing them, so ind checks made, in Ltd. Escrow Account, Also, the last list shows four (4) people whose files have been sent to credit counseling, however, they have not yet received their refund. Again, please deliver these checks to the sales office to be properly forwarded either in person or via mail. Thanks for your immediate attention to this matter. EXHIBIT. ACTIVE BUYERS The following peopte all made an initial deposit of $100, except for Vernetta Lovett as indicated below. Hildo Amaya Bacus Arline Francois Beauchard Robin Boyer Rolando Carrasco Chandra Chester Amos Chevalier Edna Cooper Keysha Dozier Sophomia Gedeon Roberto Ibanez Craig Ingraham Apryi Jenkins Mamie Johnson Edward Lever Cornelius Crumity Tangela Hayes Robin Hunter Marjorie Johnson Bonnett McDaniel He reer. L/10/9F MpD Keisha Vance Joan Varence Della Wright Verdine Baldwin Samantha Harris Thelma Sanders Annie Spaulding Patricia Miller Guy Milson Jose Ortiz Edna Parker Tatiana Payne Mario Perez Mabelean Randell Rosario Reyes Yolanda Thompkins Terrence Thompson Samantha Waiters \3 aye Patricia Whitehead-Hart Alicia Williams Monty Williams Vernetta Lovett ($500) CANCELLATIONS $84.00 q-6 Tom P Reh. $84.00 SHirle, 2%TT $84.00 ia SY, ay sea OG CREDIT COUNSELING Yee $100.00 $100.00 $100.00 $100.00 96-569] ht REPORT Jul. @9 1996 12:15PM M Qt = "POP" Ine Jul. @9 12:14PM 91°20 ™ G2 IF YOU HAVE A PROBLEM WITH YOUR FAX, CALL TOLL-FREE 1-O@2-HELP-FAX (1-980-435-7329). - ad 7 ae ee WU UY STATE OF FLORIDA SUBPO: D s T SUBPOENANO.A-___O47'735 TO: Custodian of Records CASE NO.9883934 Marvin L. Popkin Lakeview Marketing Group, Inc. 770 Palm Bay Lane Miami, Florida 33138 YOU ARE HEREBY COMMANDED to produce for inspection and copying at 401 N.W. 2nd Ave., Suite N-614, in Miami, Florida on November 20, 1998, at 3:00 p.m., for the Department of Business & Professional Regulation the Following: All past and present escrow bank account(s) statements, signature cards, and the broker's monthly reconciliation statements pertaining to Marvin L. Popkin's real estate brokerage business (Lakeview Marketing Group, Inc.), covering the period of the brokerage business inception to 10/30/98. *In lieu of producing these records for inspection and copying as described above, you may choose to comply with subpoena by mailing a copy of these records to the below identified investigator with attached verification fully executed by the above date. This Subpoena issued pursuant to F.S. 455.223. YOU SHALL RESPOND to this subpoena as directed unless excused by the party who requested issuance of the subpoena or by order of the Department of Business & Professional Regulation. ISSUED this 30 of Octo pant f SECRETARY Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida THIS SUBPOENA HAS BEEN ISSUED UPON THE REQUEST OF: NAME: Brian A. Piper, Sr., Investigator ADDRESS: _401 N.W. 2nd Ave. Suite N~614-:)- SS Miami, Florida 33128 ~ oe PHONE: (305) 377-7120 2 ya . YU AUTHORITY 455.223 Power to administer oaths, take depositions, and issue subpoenas. For the purpose of any investigation or proceeding conducted by the department, the department shall have the power to administer oaths, take depositions, make inspections when authorized by statute, issue subpoenas which shall be supported by affidavit, serve subpoenas and other process, and compel the attendance of witnesses and the production of books, papers, documents, and other evidence. The department shall exercise this power on is own initiative or whenever requested by a board or the probable cause panel of any board. Challenges to, and enforcement of, the subpoenas and orders shall be handled as provided in s.120.58. 455.241 Patient records, report or copies of records to be furnished.- The Department may obtain patient records pursuant to a subpocna without written authorizaGon from the patient if the department and probable cause panel of the appropriate board, if any, find reasonable cause to believe that a practitioner has excessively or inappropriately prescribed any controlled substance specified in chapter 893 in violation of chapter 455 or of any professional practice act of a profession regulated under the deparument or that a practitioner has practiced his profession below that level of care, skill, and treatment required as defined by chaper 455 of amy professional practice act of a board regulated under the department; provided, however, the patient record obtained by the deparnent pursuant to this ‘subsection shall be used solely for the purpose of the department and board in isciplinary proceedings. The record shall otherwise be confidersial and exempt from. s.119.07(1). This exemption is subject to the Open Government Sunset Review "Act in accordance with $.119.14. Nothing in this section shall be construed to limit the asseruan of the psychotherapist-pationt privilege under 3.90.503 in regard to records of treatment for mental or nervous disorders by a medical practivoner licensed pursuant to chapter 458 or chapter 459 who has primarily diagnosed and treated mental and nervous disorders for a period of not less than 3 years, inchsive of psychiatric residency. However, the practitioner shall release records of treatment for medical conditions even if the practitioner has also treated the patient for mental or nervous disorders. If the department has found reasonable cause under this section and the psychotherapist-patient privilege is asserted, the department may petition the circuit court for an in camera review of the records by expert medical practitioners appointed by the court to determine if the records or amy part thereof are protected under the psychotherapist-patient privilege. 458.337 Reports of disciplinary actions by medical organizations ‘and hospitals. (3) Any organization taking action as set forth in this section shall, upon department subpoena, provide copies of the records conceming the action to the however, those records shall be used solely for the purpose of the department and the board in disciplinary proceedings, The records shail otherwise be confidential and exempt from s.119.07(1). These records shall not be subject to discovery or introduced into evidence in any administrative or civil action. This $s subject w the Open Government Sunset Review Act in accordance with 8119.14, 458.3.G Subpoena of certain records.» Notwithstanding the provisions of s.45$,241, the department may issue subpoena duces tecum requiring the names and addresses of some or all of the patients of 2 physician against whom a complaint has been filed pursuant to 5.455.225, 395.3025 Patient and personnel records; copies; examination.- (4) Patient records shail be confidential and shall not be disclosed without the consent of the person to whom they pertain, but appropriate disclosure may be made without such consent to: (e) The agency or the Department upon subpoena issued pursuant to 5.455.223, but the records obtained thereby shall be used solely for the purpose of the agency or the Deparument and the appropriate professioral board in its investigation, prosecution, and appeal of disciplinary proceedings. If the agency or the Department requests copies of such records, the facility shall charge no more tun ts actual copying costs, including reasonable staff time. The records shall be sealed and shall not be available to the public pursuant to s.119.07(1) or amy other statute providing access to records, nor shall they be available to the public as part of the record of investigation for and prosecution in disciplinary proceedings made available to the public by the agency or the Departme.: or the appropriate reguiatory board, However, the agency or the Department st. !! make available, upon writen request by a practitioner against whom probable cause has been found, any such ‘cords which form the basis of the determination of ; robable cause. 459.019 Subpoena of certain records.- Notwithstanding the proviic5 of 3455.241, the deparunent may issue subpoenas duces tecum requiring the names and addresses of some or all of the patients of an osteopathic physician against whom a complaint has been filed pursuant to 3435.225. 474.2145 Subpoenas of certain records.- Notwithstanding the provisions of s4$5.241, the department may issue subpoenas duces tecum requiring ‘the names and addresses of some or all the clients of a licensed vetermarian agaist whom a complaint has been filed pursuant to $455.225 when the information has been deemed necessary and relevant to the investigation as determined by the secretary of the deparunent, 462.13 Additional powers and duties of the department- The department may administer oaths, summon wimesses, and take testimony in all maters relating to its duties pursuant to this chapter, Every unrevoked license shall be presumptive evidence in all courts and places that the person therein named is legally licensed to practice naturopathy. The department shall aid the prosecuting attorneys of the state in the enforcement of this chapter. 459.016 Reports of disciplinary actions by medical organizations- (3) Any organization taking action as set forth im this section shall, upon, department subpoena, provide copies of the records conceming the action to the department. However, those records shall be used solely for the purpose of the department and the board in disciplinary proceedings. The records shall otherwise be confidential and exempt from s.119.07(1). These records shall not de subject tof ~~, Tt discovery or introduction into evidence in any administrative or civil action. This’ exemption is subject to the Open Government Sunset Review Act in accordance with VU 310.091 Powers of the di conferred by this chapter, the (2) In the course of any i subpoenas and subpoenas duces tecum and. ANY PERSON FAILING TO THIS SUBPOENA MAY BE S ENFORCEMENT BY WHICH FINE OF UP TO $1,000 AND O' IN SECTION 120.69, FLORIDA s.119.14, Received this subpoena on o'clock___. ———_—__—___ 9__, by delivering 2 true copy thereto: t.- In addition 10 all other powers Ui have the following powers: figation, to issue and ser + xs. administer oaths and take te uc." AR IN ACCORDAN H ECT TO A PETITI OR HE AGENCY MAY St. . A HER RELIEF AS SET FORTH STATUTES. 219. at .M, and served the same on at o'clock “M, RETURN IF SERVED BY SHERIFF Date. 19___ By Sheriff of By: RETURN IF SERVED BY OTHER County, Florida. Deputy Sheriff QUALIFIED PERSON Date (//F_ 1999 By: BRIA A. PrAR, SR. NOTE: AFFIDAVIT REQUIRED PERSON OTHER THAN A SHE! INLY IF SERVICE IS MADE BY A OR DEPUTY SHERIFF. VU UY STATE OF FLORIDA DEPARTMENT OF BUSINESS PROFESSIONAL REGULATION Case No. 9883934 In Re: LAKEVIEW MARKETING GROUP, INC MARVIN POPKIN NATIONS BANK Acct No. 3871501409 MOTION TO QUASH SUBPOENA COMES NOW FRANK M. MARKS, Attorney for LAKEVIEW MARKETING GROUP, INC., and MARVIN POPKIN and moves to quash or Suppress any subpoenas directed to any entity with regard to the above referenced account, and as grounds, says 1. The Respondents, LAKEVIEW and POPKIN were not engaged in any real estate transactions with regard to the vepoing investigation and as such, the attempt to look at or question R spondents or their bank regarding the aforesaid account, is little more than a witch hunt and harassment. 2. Previously when meeting with Mr. Piper, the Investigator for the Department of Business & Professional Regulation, all of this information was explained to him, but notwithstanding same, the alleged investigation goes on. 3. At no time ever did the Respondents place funds from ANY REAL ESTATE TRANSACTIONS IN THE AFORESAID ACCOUNT, and as such, this account is not the proper subject of “investigation.” Pt ATL AGN? COMP LAY iT NISTRATIVE PAGE U Nv WHEREFORE, it is moved that any subpoena directed to Nations Bank or other entity with regard to any account of Respondent, suppressed. I certify that I mailed a this Motion to the D Nations Bank and to Mr. Brian A. Piper, Sr., be quashed or epartment and a copy thereof to FRANK M. MARKS, P.A. 2701 SW 3™ Ave. Miami, FI 33129 (305)285-1122; Fax 305) 285-0354 - 50504] mo™ 1 een NationsBank FL9-600-02-37 YU 9000 Southside Boulevard Jacksonville. FL 32256-0712 tip b v R, oe . NationsBank AO His, "Yay HSH 0 Mn, To: Brian A. Piper oS Date: January 12, 1999 Court: N/A Case No: 9883934 CUSTODIAN CERTIFICATE A custodian of records for NationsBank certifies t attached documents are exact copies of the books a the bank maintained and kept in the ordinary course business. DOCUMENTS: Account number 3871501409 in the name of Lakeview Group, Inc. Provided is a copy of the signature c statements from January 23, 1998 through August 31, at the d records of of arketing ard and bank 1998. Account number 3871501239 in the name of Lakeview Marketing Group, Inc. Provided is a copy of the signature ca statements from January 23, 1998 through December 2 Signature of Custodian Yuen Janice Vincell SMbpoena Department 4 464-7979 J&A - “ EXHIBIT. TH cai Sponsor 738. 2008 Member FDIC rd and bank 2, 1998. PAGE eon “Depesitor(s) signing above acinowiedgo(s) receipt of and agrae(s) to the Rules snd Aeguiations account, including but not limited to the Depositor’s Agreamant contained within Samett Bank's Welco! ; under senate el perjury, | certy (1) thal the number shawn nh Ca ject tek identdcation subject to backup witht subject to backup wehhoking 63 report afl interest or dividends, 0 me intemal Revenue Service has notdied me tat | am no longer subject wal ing. 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Source:  Florida - Division of Administrative Hearings

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