Oct 28 2005 16:48 14/28/2685 16:44 8584874987 LEGAL SERVICES PAGE G3 FLORIDA DEPARTMENT OF FINANCIAL SERVICES megane, pe4oo = FILED STATE OF FLORIDA ang 9 206 IN THE MATTER OF: Bocketed on dt GREATER ORLANDO TITLE, INC. CASE NO.: 80761-05-AG ADMINISTRATIVE COMPLAIN TO: Greater Orlando Title, Inc. 4700 Millenia Boulevard Suite 310 Orlando, Florida 32839 You, GREATER ORLANDO 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 tesult 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, GREATER ORLANDO TITLE, INC., were licensed in this state as a Title Insurance Agency (4-12) and are currently so licensed, license I.D, #D0778388. 2. At all times pertinent to the dates and occurrences referred to herein, you, GREATER ORLANDO 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. Oct 28 2005 16:48 18/28/2985 16:44 8584874987 LEGAL SERVICES PAGE @4 4, In or around August 1989, Thomas E. McIntyre and Susan Mcintyre, as principal owners, caused the formation of Signature Realty & Development, Inc., a real estate agency. 5. In or around March 2001, the said Thomas R. Melntyre, as principal owner, caused the formation of GREATER ORLANDO TITLE, INC., a Title Insurance Agency, 6. The sole and singular purpose in forming GREATER ORLANDO TITLE, INC. was to effect a corporate entity to ostensibly conduct title insurance business referred to it by the said Signature Realty & Development, Inc. real estate agency, acting through its principals, Thomas HE. McIntyre and Susan McIntyre, and to thereafter cause the principals to receive a portion of premiut, moneys, all in violation of statutory prohibitions regatding unlawful dividing of title insurance premiums, fees or charges. COUNT I 7. The above general 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, Thomas E. McIntyre, as principal owner of both such entities caused the principal and only business address of GREATER ORLANDO TIT: LE, INC. to be that of Signature Realty & Development, Inc, at 4700 Millenia Boulevard Suite 310, Orlando, Florida 32839, 9. . Atal] times material herein, GREATER ORLANDO TITLE, INC. was without a full-time licensed title insurance agent in charge of conducting business at its business location, nor were any title examinations or closings ever conducted at its business location, In fact, the only bona fide employees at such business location were those of Signature Realty & Development, Inc. and not GREATER ORLANDO TITLE, INC. 10. At al times material herein, GREATER ORLANDO TITLE, INC., as a licensed title insurance agency, while purporting to conduct bona Jide title insurance business, was in fact a sham cotporation utilized as a mere pass-through means of effecting improper monetary teward as a means of payment for referral of title insurance business from a teal estate agency and its principals. Oct 28 2005 16:49 “19/28/2085 16:44 8584874987 LEGAL SERVICES PAGE @5 IT IS THEREFORE CHARGED that you, GREATER ORLANDO 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 626.9541(1)(h)3., Florida Statutes); (4) Fraudulent or dishonest practices in the conduct of business under the license or appointment, [Section 626.8437(6), Florida Statutes]; (©) 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 detrimental to the public interest. [Section 626.844(5), Florida Statutes]; and (f) Anagency 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 1]. The above general allegations are hereby realleged and fully incorporated herein by reference. ; 12, Atal times material herein related, you, GREATER ORLANDO TITLE, INC., maintained a contractual relationship with Fidelity National Title Insurance Company which paid 3 Oct 28 2005 16:49 16/28/2685 16:44 8584874987 LEGAL SERVICES PAGE 4&6 Ve oe to you certain premium moneys and title examination fees from which then benefited the principals of Signature Realty & Development, Inc., all in violation of statutory constraints concerning monetary payment as inducement for referral of title insurance business. IT 18 THEREFORE CHARGED that you, GREATER ORLANDO 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: (2) 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 Jack 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]; (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 detrimental to the public interest. [Section 626.844(5), Florida Statutes]; and (6a) 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 626.8411(1)(c), Florida Statutes]. Oct 28 2005 16:50 40/28/2005 16:44 6584674987 LEGAL SERVICES PAGE — News COUNT Ii 13. The above general allegations are hereby realleged and fully incorporated herein by reference, 14, At all times material herein, you, GREATER ORLANDO TITLE, INC., reflected one William Arthur Jacobs as an employee of your agency to conduct title examinations. Tn fact, the said William Arthur Jacobs never conducted any title examinations or closings at your registered business location with Signature Realty & Development, 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 tepresenting title insurance business referred to it by the principals and representatives of Signature Realty & Development, Inc. From those same premium moneys benefit was then afforded principals of Signature Realty & Development, Inc. which weré in fact payments for referral of title insurance business, TT IS THEREFORE CHARGED that you, GREATER ORLANDO 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 atitle 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 626.843 15), 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]; a7 . Oct 28 2005 16:50 18/28/2885 16:44 8584874907 LEGAL SERVICES PAGE 4&8 (4) Fraudulent or‘dishonest practices in the conduct of business under the license or appointment. [Section 626.8437(6), Florida Statutes]; (©) Engaging in unfair methods of competition or in unfair or deceptive acts or Ptactices 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 () — Anagency 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 626.8411(1)(c), Florida Statutes]. COUNT IV 15. The above general allegations are hereby realleged and fully incorporated, herein by reference. 16. At all times material herein, you, GREATER, ORLANDO TITLE, INC., maintained a singular registered business location purporting to be for the conduct of title insurance business, such location being at 4700 Millenia Boulevard Suite 310, Orlando, Florida 32839. . 17. At no time was yout 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 Title Insurance Company, conducted title search, issuance of commitments and 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, GREATER ORLANDO 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: Oct 28 2005 16:50 18/28/2885 16:44 85448749487 LEGAL SERVICES PAGE 49 . ae a, (a) — Willfut 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 626.8437(9), Florida Statutes; (b) 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 626.8437(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 (@) Each place of business established by an agency shall be in the active full-time charge ofa licensed agent who is appointed to represent one or more insurers, [Section 626.8411 (c), Florida Statutes. WHEREFORE, you, GREATER ORLANDO TITLE, INC., axe hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appointments as an insurance agency or to impose such penalties as may be provided under the provisions of Sections 626.611, 626,621, 626,681, 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 filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel as acting Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 Hast Gaines Street, Tallahassee, Florida 32399-0333. Your written response must be received by the Oct 28 2005 16:50 14/28/2085 16:44 8584974907 LEGAL SERVICES PAGE Department no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to a hearing. YOUR FAILURE TO RESPOND IN WRITING WITHIN TWENTY-ONE (21} DAYS OF YOUR RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the , requirements of Rule 28-107.004, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specifically, your response must contain: (a) — The name and address of the party maldng the request, for purpose of service; (b) A:statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. Ifa hearing of any type is requested, ‘you have the right to be represented by counsel oF ‘other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. Ifa proceeding is requested and there is no dispute of material fact, the provisions of Section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written 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. 18 Oct 28 2005 16:51 18/28/2885 16:44 8584874987 LEGAL SERVICES PAGE 11 However, if you dispute material facts which are the basis for the Depatiment’s action, you must request an adversarial proceeding pursuant to SecHous 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 Depattment 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 tequest 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 request 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 attorney will, discuss this matter with you until the response has been received by the Department of Financial Services, DATED and SIGNED this Oth day of Cua ust. 2008, a 2 z: 3 Ts “J aS KAREN CHANDLER, Deputy Chief Financial Officer : Oct 28 2005 16:51 16/28/2485 16:44 85844874987 LEGAL SERVICES PAGE 12 CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: GREATER ORLANDO TITLE, INC., 8687 West Irlo Bronsono Memorial Highway, Winter Park, Florida 32789, by Certified Mail this led “day of bephinkes 2005. 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 10 Oct 28 2005 16/28/2065 16:44 8584874987 LEGAL SERVICES PAGE 13 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: , CASE NO.: 80761-05-AG GREATER ORLANDO TITLE, INC. / - ELECTION OF PROCEEDING Ihave received and have read the Notice of the ADMINISTRATIVE COMPLAINT filed against me, including the Notice of Rights contained therein, and I understand my options. J am requesting disposition of this matter as indicated below, (Choose one) , 1 CJ Ido not dispute any of the Department's factual allegations and I do not desire a bearing, I understand that by waiving my tight to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including revoking my Hcenses and appointments as may be appropriate, 2, T donot dispute any of the Department's factual allegations and 1 hereby elect a proceeding to be conducted in accordance with Section 120.57(2), Florida Statutes. In this Tegard, I desire to (Choose one): [] Submit a written statement and documentary evidence in lieu of a hearing: or {] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or [] Attend that same hearing by way of a telephone conference call. 3. [J I do dispute one or more of the Department's factual allegations, [hereby request a hearing pursuant to Section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings, TO PRESERVE YOUR RIGHUT2.A, EW A DUT SMT RNY TREES be a 2 DEPARTMENT OF FINANC]® AmieNumbar fie ON PNP OF THE ADMINISTRATIVE! ; i “ . A Fopalved by (Praase Print Cleany.. : DEPARTMENT NO LATER I WW ai ©, Signature . H ‘ Dagon The addreas for filing: i x OF THE ADMINISTRATIVE} | 1 Services, 612 Larson Building, | —MhbO S50 IBS WHS 5734 D. Ia dallvery addresa cilJrant tom tern 12 vee YES, enter dallvery addrass below: { Service Typa CERTIFIED MAIL ot tricot Delivery? (Extra Fee} fag . | Signature 71, Aricle Addressed in: Ret | GREATER ORLANDOTITLE INC. Date: _ f 4700 MILLENIA BEN BEV ARD SUITE 310 | ORLANDO, FLORIDA 32639 39.99 ©. —_‘| 80761,05-AG » Beg AuZS . 2005/AC BEOIA UIs fe 28927 40 Atg 1 Yas aaAigedd 48 Inze Complaint&Settlement bees i pied $f qfaes eaisyh Rif PS Form 3811, duly 2604 _ Domestic Return Recelpt 11

Docket for Case No: 05-004005