Mek SL UU L950 18/11/2885 13:43 9504874987 LEGAL SERVICES PAGE 62 FLORIDA DEPARTMENT OF FINANCIAL SERVICES Cer sna ICE FILED STATE OF FLORIDA , ‘ Aus 9 2005 IN THE MATTER OF: Docketad by, Ai AMERICAN DREAM TITLE, INC. CASE NO.: 80771-05-AG OS°373- ADMINISTRATIVE COMPLAINT TO: American Dream Title, Inc. Maurice Campbell, Director 6918 Aloma Avenue : Winter Park, Florida 32792 You, AMERICAN DREAM TITLE, INC., are hereby notified that, pursuant to Chapter 626, Florida Statutes, the Chief Financial Officer of the State of Florida has caused to be made an investigation of your activities while licensed as a title insurance agency in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, at all times pertinent to the dates and occurrences referred to herein, you, AMERICAN DREAM TITLE, INC., were licensed in this. State as a Title Insurance Agency (4-12) and are currently so licensed, license I.D. #E088153. 2. At all times pertinent to the dates and occurrences referred to herein, you, AMERICAN DREAM TITLE, INC., were licensed in this state as a Title Insurance Agency. 3. Pursuant to Chapter 626, Florida Statutes, the FLORIDA DEPARTMENT OF FINANCIAL SERVICES has jurisdiction over your title insurance agency license and appointments. web iL 4Uuno 10-40 16/11/2085 13:43 8584874947 LEGAL SERVICES PAGE 4, In or around November 1999, Maurice W. Campbell, Albert D. Campbell, Al J. Campbell, and Anthony Campbell, as principal owners, caused the formation of American Dream Services, Inc., a real estate agency. None of the ptincipal owners or directors were then and at any time material herein a licensed real estate broker. , 5. In or around May 2003, the said Maurice W. Campbell, as principal owner, caused the formation of AMERICAN DREAM TITLE, INC., a Title Insurance Agency. Mr. Campbell, as principal owner, was not then or at any time material herein licensed as a title insurance agent, having received his title agency license on December 21, 2004. 6: The sole and singular purpose in forming AMERICAN DREAM TITLE, INC. was to effect a corporate entity to ostensibly conduct title insurance business referred to it by the said American Dream Services, Inc. real estate agency, acting through its principals, Maurice W. Campbell, Albert D. Campbell, Al J. Campbell, and Anthony Campbell, and to thereafter cause the principals to receive a portion of premium moneys, all in violation of Statutory prohibitions regarding unlawful dividing of title insurance premiums, fees or charges. COUNT I 7. The above genera) allegations are hereby realleged and fully incorporated herein by reference. 8. After formation of the corporate entities as aforesaid in paragraph four and five herein, Maurice W. Campbell, as principal owner of both such entities caused the principal and only business address of AMERICAN DREAM TITLE, INC. to be that of American Dream Services, Inc. at 6904 Aloma Avenue, Winter Park, Florida 32792. The actual location of AMERICAN DREAM TITLE, INC. is 6918 Aloma Avenue, Winter Park Florida, 32792, a neighboring office of American Dream Services, Inc., and is leased to American Dream Services, Inc. 9. At all times material herein, AMERICAN DREAM TITLE, INC. consisted of a two small rooms with few supplies and a single filing cabinet, had no sign on its storefront or entrance identifying it as a place of business or otherwise, was without a full-time licensed title 43 Ut fi 2UUa 13-4¢ 10/11/2885 13:43 8584874987 LEGAL SERVICES PAGE 4@4 insurance agent in charge of conducting business at its business location, nor were any closings ever conducted at its business location. In fact, the only bona fide employees at such business location were those of American Dream Services, Inc. and not AMERICAN DREAM TITLE, INC. 10. Atall times material herein, AMERICAN DREAM TITLE, INC., as a licensed title insurance agency, while purporting to conduct bona fide title insurance business, was-in fact a sham corporation utilized as a mere pass-through means of effecting improper monetary reward as a means of payment for referral of title insurance business from a real estate agency and its principals. IT IS THEREFORE CHARGED that you, AMERICAN DREAM TITLE, INC., have Violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your license and eligibility as a title insurance agency: (a) Demonstrated lack of fitness or trustworthiness to represent a title insurer through the issuance of its commitments, binders, policies of title insurance, or guarantees of title, [Section 626.847(4), Florida Statutes]; (b) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (Section 626.8437(5), Florida Statutes); (c) Unlawful rebating, or attempting to unlawfully rebate, or unlawfully dividing or offering to unlawfully divide, title insurance premiums, fees, or charges with another. [Sections 626.8437(8) and 626.954 1(1)(h)3., Florida Statutes]; (d) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.8437(6), Florida Statutes]; (e) Engaging in unfair methods of competition or in unfair or deceptive acts or Practices in the conduct of business, as prohibited under Part IX of this chapter, or having DEE 4h AON LOSE 16/11/2885 13:43 8504874907 LEGAL SERVICES PAGE @5 otherwise shown itself to be a source of injury or loss to the public or to be detrimental to the public interest. [Section 626.844(5), Florida Statutes]; and (H An agency shal] be required to have at least one licensed title insurance agent who is appointed to represent one or more insurers at each location of the agency including its headquarters location. [Section 626.8411(1)(c), Florida Statutes]. COUNT II 11. The above general allegations are hereby realleged and fully incorporated herein by reference. 12. At all times material herein related, you, AMERICAN DREAM TITLE, INC., maintained a contractual relationship with Fidelity National Title Insurance Company which paid to you certain premium moneys and title examination fees from which then benefited the principals of American Dream Services, Inc., all in violation of statutory constraints conceming monetary payment as inducement for referral of title insurance business. IT IS THEREFORE CHARGED that you, AMERICAN DREAM TITLE, INC., have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your license and eligibility as a title insurance agency: (a) Demonstrated lack of fitness or trustworthiness to Tepresent a title insurer through the issuance of its commitments, binders, policies of title insurance, or guarantees of title. [Section 626.847(4), Florida Statutes]; (b) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (Section 626.8437(5), Florida Statutes]; (c) Unlawful rebating, or attempting to unlawfully rebate, or unlawfully dividing or offering to unlawfully divide, title insurance premiums, fees, or charges with another. [Sections 626.8437(8) and 626.9541 (1)(h)3., Florida Statutes); Me EUS LIAO 16/11/2885 13:43 8584874987 LEGAL SERVICES PAGE 66 (d) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.8437(6), Florida Statutes]; (e) Engaging in unfair methods of competition or in unfair or deceptive acts or practices in the conduct of business, as prohibited under Part IX of this chapter, or having otherwise shown itself to be a source of injury or loss to the public or to be dewrimental to the public interest. (Section 626.844(5), Florida Statutes]; and (f) An agency shall be required to have at least one licensed title insurance agent who is appointed to represent one or more insurers at each location of the agency including its headquarters location. [Section 626.841 1(1)(c), Florida Statutes). COUNT IH 13. The above general allegations are hereby realleged and fully incorporated herein by reference. 14, At all times material herein, you, AMERICAN DREAM TITLE, INC., reflected one William Arthur Jacobs as an employee of your agency to conduct title examinations. In fact, the said William Arthur Jacobs never conducted any title examinations or closings at your registered business location with American Dream Services, Inc., but rather performed such services at the offices of Fidelity National Title Insurance Company, thereafter billing you for such services which were then paid by you from and after payment to you of a certain portion of premium moneys from Fidelity National Title Insurance Company representing title insurance business referred to it by the principals and representatives of American Dream Services, Inc. From those same premium moneys benefits were then afforded principals of American Dream Services, Inc., which were in fact payments for referral of title insurance business. IT IS THEREFORE CHARGED that you, AMERICAN DREAM TITLE, INC., have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your license and eligibility as a title insurance agency: Wh 2th ENS 49°40 16/11/2085 13:43 8584974967 LEGAL SERVICES PAGE 67 (a) Demonstrated lack of fitness or trustworthiness to represent a title insurer through the issuance of its commitments, binders, policies of title insurance, or guarantees of title. [Section 626.847(4), Florida Statutes]; (b) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 626.8437(5), Florida Statutes]; (c) Unlawful rebating, or attempting to unlawfully rebate, or unlawfully dividing or offering to unlawfully divide, title insurance premiums, fees, or charges with another. [Sections 626.8437(8) and 626.9541(1)(b)3., Florida Statutes); (d) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.8437(6), Florida Statutes]; (e) Engaging in unfair methods of competition or in unfaix or deceptive acts or practices in the conduct of business, as prohibited under Part IX of this chapter, or having otherwise shown itself to be a source of injury or loss to the public or to be detrimental to the ' public interest. [Section 626.844(5), Florida Statutes]; and (f) An agency shall be required to have at least one licensed title insurance agent who is appointed to represent one or more insurers at each location of the agency including its headquarters location. [Section 626.841 1(1)(c), Florida Statutes). COUNT IV 15. The abave general allegations are hereby realleged and fully incorporated herein by reference. 16. Atall tumes material herein, you, AMERICAN DREAM TITLE, INC., maintained a singular registered business location purporting to be for the conduct of title insurance business, such location being at 6904 Aloma Avenue, Winter Park, Florida 32792. 17. At no time was your title insurance agency in the active full-time charge of a licensed agent at that location. Rather, one William Arthur J acobs, acting as a licensed agent for Fidelity National Tide Insurance Company, conducted title search, issuance of commitments and —— eee 16/11/2085 13:43 8584874967 LEGAL SERVICES PAGE 98 policies at its offices in behalf of your agency and nineteen (19) separate other title insurance agencies issuing title insurance policies through Fidelity National Title Insurance Company. IT IS THEREFORE CHARGED that you, AMERICAN DREAM TITLE, INC., have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your license and eligibility as a title insurance agency: (a) Willful failure to comply with or willful violation of any proper order or rule of the department or willful violation of any provision of this act. [Section 626.843 7(9), Florida Statutes; (>) Demonstrated Jack of fitness or trustworthiness to represent a title insurer through the issuance of its commitments, binders, policies of title insurance, or guarantees of title. [Section 626.8437(4), Florida Statutes); (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.8437(6), Florida Statutes]; and (d) Each place of business established by an agency shall be in the active full-time charge of a licensed agent who is appointed to represent one or more insurers. (Section 626.841 1(c), Florida Statutes. : WHEREFORE, you, AMERICAN DREAM TITLE, INC., are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appointments as an insurance agent or to impose such penalties as may be provided under the provisions of Sections 626.611, 626.621, 626.68 1, 626.691, and 626.9521, Florida Statutes, and under the other referenced Sections of the Florida Statutes as set out in this Administrative Complaint. NOTICE OF RIGHTS ‘You have the right to request a proceeding to contest this action by the Department pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-107, Florida Administrative Code. The proceeding request must be in writing. signed by you, and must be SSS = 18/11/2885 13:43 8584874987 LEGAL SERVICES PAGE 49 "evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. However, if you dispute material facts which are the basis for the Department’s action, you must request an adversarial proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes. These proceedings are held before a State administrative law judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any tequest for an administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. Mediation of this matter pursuant to Section 120.573, Florida Statutes, is not available. No Department attomey will discuss this matter with you until the response has been received by the Department of Financial Services. DATED and SIGNED this Gt day of Cugusd. 2005. pp Ado 2 7 ec Va 7 y) ea’ KAREN CHANDLER » Deputy Chief Financial Officer 16/11/2005 13:43 9584874987 LEGAL SERVICES PAGE 14 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: AMERICAN DREAM TITLE, INC., 6904 Aloma Avenue, Winter Park, Florida 32792, by Certified Mail this ath day of Dap termbers 2005 a Dean Andrews Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4242 Phone (850) 487-4907 Fax Florida Bar Number 0001959

Docket for Case No: 05-003722