Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: GREATER TITLE SERVICES, INC.
Judges: PATRICIA M. HART
Agency: Department of Financial Services
Locations: Miami, Florida
Filed: Oct. 04, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 13, 2006.
Latest Update: Dec. 22, 2024
Oct 4 2006 10:30
FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Oct. G4 2686 if:ed4AM P4414
FLORIDA :
DEPARTMENT OF
FINANCIAL SERVICES
#
TOM GALLAGHER FILED
CHIEF FINANCIAL OFFICER
STATE OF FLORIDA
RIUN 21 2006
IN THE MATTER OF: Ono k Ditdtnn
THE GREATER TITLE SERVICES, INC, CASE NO.: 86226-06-AG
/
ADMINISTRATIVE COMPLAINT
TO: THE GREATER TITLE SERVICES, INC.
5835 Blue Lagoon Drive, Suite 101
Miami, FL 33126-2036
You, THE GREATER TITLE SERVICES, INC., license 1.D. #A262975, are hereby
notified that the Chief Financial Officer of the State of Florida has caused to be made an
investigation of your activities while licensed as an insurance agent in this state, as a result of
which it is alleged:
GENERAL ALLEGATIONS
1 Pursuant to Chapter 626, Florida Statutes, you, THE GREATER TITLE
SERVICES, INC., are currently licensed in this state as a Title Insurance Agency (4-12).
2. At all times pertinent to the dates and occurrences referred to herein, you, THE
GREATER TITLE SERVICES, INC., were licensed in this state as a Title Agency (4-12).
3. Pursuant to Chapter 626, Florida Statutes, the FLORIDA DEPARTMENT OF
FINANCIAL SERVICES has jurisdiction over your license and appoiniments.
4. Atall times material herein, you, THE GREATER TITLE SERVICES, INC., as a
licensed title insurance agency, acting with and through Mary Valdes, a licensed title insurance
agent, and the sole officer and director of your company, failed to maintain monthly
Oct 4 2006 10:31
FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Oct. G4 2666 1@:25AM Po-14
reconciliation escrow accounts, failed to remit correct premiums to the insurer, failed to submit
premiums and applications to the insurer in a timely manner, and overcharged for related title
services, all ag will hereinafter be more fully set forth,
COUNT 1
5. The above general allegations are hereby realleged and fully incorporated herein
by reference.
6. On or about March 15, 2005, you, THE GREATER TITLE SERVICES, INC., as
a licensed title insurance agency, acting with and through Mary Valdes, a licensed title insurance
agent, and the sole officer and director of your company, conducted a real estate closing and
issued title insurance therefor in behalf of F.C., being agency file number 04-1856. You charged
this consumer TWO HUNDRED FIFTY DOLLARS ($250.00) as and for abstract title services
and a further charge of TWO HUNDRED FIFTY DOLLARS ($250.00) for title examination,
Actual cost for these services was EIGHTY FIVE DOLLARS ($85.00) paid to GR ‘litle
Examiners, Inc. The consumer F'.C., was thusly overcharged FOUR HUNDRED FIFTEEN
DOLLARS ($415.00) by you for title search and examination.
IT IS THEREFORE CHARGED that you, THE GREATER TITLE SERVICES, 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 licenses and appointments:
(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 626.8437(4), Florida Statutes];
(b) Fraudulent or dishonest practices in the conduct of business under the license or
appointment. [Section 626,8437(6), Florida Statutes];
(c) Misappropriation, conversion, or unlawful withholding of moneys belonging to
title insurers or insureds or others and received in conduct of business under the license or
appointment, [Section 626.8437(7), Florida Statutes);
Oct 4 2006 10:31
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(d) 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 626.8437(9), Florida
Statutes;
(e) Knowingly collecting a sum as a prernium or charge for insurance, which has not
then provided, or is not in due course to be provided, subject to acceptance of the risk by the
insurer, by an insurance policy issued by an insurer as permitted by this code. [Section
626.9541(1)(0)1., Florida Statutes;
(a) Knowingly collecting as a premium or charge for insurance any sum in excess of
or less than the premium or charge applicable to such insurance in accordance with the
applicable classifications ard rates as filed with and approved by the office, and as specified in
the policy. [Section 626.9541(1)(0)2., Florida Statutes].
COUNT IT
7. The above general allegations are hereby realleged and fully incorporated herein
by reference.
8. On or about March 15, 2005, you, THE GREATER TITLE SERVICES, INC., as
a licensed title insurance agency, acting with and through Mary Valdes, a licensed title insurance
agent, and the sole officer and director of your company, conducted real estate closing and issued
title insurance therefor in behalf of F.C., being agency file number 04-1856. You overcharged
the consumer TWO HUNDRED FIFTY and 72/100 DOLLARS ($250.72) above the
promulgated premium for title insurance. Although you issued an owner's policy of insurance
through lidelity National Title Insurance Company, you failed to remit the premium sum due
that company for its policy of title insurance.
IT IS THEREFORE CHARGED that you, THE GREATER TITLE SERVICES, 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 licenses and appointments:
Oct 4 2006 10:31
FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Oct. G4 2666 16:26AM Prl4
(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 fille.
[Section 626.8437(4), Florida Statutes);
(b) Fraudulent or dishonest practices in the conduct of business under the license or
appointment. [Section 626.8437(6), Florida Statutes];
(c) Misappropriation, conversion, ot unlawful withholding of moneys belonging to
title insurers or insureds or others and received in conduct of business under the license or
appointment. [Section 626,8437(7), Florida Statutes];
(4) 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 626.8437(9), Florida
Statutes;
(ce) Knowingly collecting a sum as a premium or charge for insurance, which has not
then provided, or is not in due course to be provided, subject to acceptance of the risk by the
insurer, by an insurance policy issued by an insurer as permitted by this code. [Section
626.9541(1)(0)1., Florida Statutes;
(f) Knowingly collecting as a premium or charge for insurance any sum in excess of
or less than the premium or charge applicable to such insurance in accordance with the
applicable classifications and rates as filed with and approved by the office, and as specified in
the policy. [Section 626.9541(1)(0)2., Florida Statutes];
(g) A petson may not knowingly quote, charge, accept, collect, or receive a premium
for title insurance other than the premium adopted by the Commission. [Section 627.780(1),
Florida Statutes}.
COUNT HI
9. The above general allegations are hereby realloged and fully incorporated herein
by reference.
10.‘ In or around May, 2005, Fidelity Nationa] Title Insurance Company conducted an
audit of your title insurance agency, The Greater Title Services, Inc., which reflected that you
Oct 4 2006 10:32
FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 64 2686 16:26AM Peel
had been routinely charging title insurance consumers above the promulgated rates for such title
insurance. Review of files audited revealed that you had failed to remit to it THIRTY
PERCENT (30%) of the gross premium in accordance with the agency agreement with that
company.
IT 18 THEREFORE CHARGED that you, THE GREATER TITLE SERVICES, 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 licenses and appointments:
(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 626.8437(4), Florida Statutes];
(b) Fraudulent or dishonest practices in the conduct of business under the license or
appointment. [Section 626.8437(6), Florida Statutes];
(©) Misappropriation, conversion, or unlawful withholding of moneys belonging to
title insurers or insureds or others and received in conduct of business under the license or
appointment, [Section 626.8437(7), Florida Statutes];
(4) — 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 626,8437(9), Florida
Statutes;
(e) Knowingly collecting a sum as a premium or charge for insurancc, which has not
then provided, or is not in due course to be provided, subject to acceptance of the risk by the
insurer, by an insurance policy issued by an insurer as permitted by this code. [Section
626.9541(1)(o)1., Florida Statutes;
(fy Knowingly collecting as a premium or charge for insurance any sum in excess of
or less than the premium or charge applicable to such insurance in accordance with the
applicable classifications and rates as filed with and approved by the office, and as specified in
the policy. [Section 626.9541(1)(0)2., Florida Statutes];
Oct 4 2006 10:32
FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Oct. G4 2666 16:26AM Povl4
(g) A person may not knowingly quote, charge, accept, collect, or receive a premium
for title insurance other than the premium adopted by the Commission. [Section 627.780(1),
Florida Statutes].
COUNT IV
11. The above general allegations are hereby realleged and fully incorporated herein
by reference.
12. You, THE GREATER TITLE SERVICES, INC., as a licensed title insurance
agency, acting with and through Mary Valdes, a licensed title insurance agent, and the sole
officer and director of your company, maintained escrow account numbers 749000368 and 074-
7001731 at Bank United. You further maintained two other escrow accounts, one at Colonial
Bank, being account number 266773, and one at Ocean Bank, being account number 71314705.
Review of these escrow bank account reconciliations as of June 30, 2005, reflect numerous
checks to be outstanding in exccss of six months. The majority of such outstanding checks were
found to be premium sums due and payable to Fidelity National Title Insurance Company bul
not furnished to that company. Reconciliation of the Ocean Bank escrow account reflected a
shortage of TI IRER THOUSAND DOLLARS ($3,000.00).
IT IS THEREFORE CHARGED that you, THE GREATER TITLE SERVICES, 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 licenses and appointments:
(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 626.8437(4), Florida Statutes];
(b) Fraudulent or dishonest practices in the conduct of business under the license or
appointment. [Section 626.8437(6), Florida Statutes];
Oct 4 2006 10:32
FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 84 2666 1a:27AM Pie-14
(c) Misappropriation, conversion, or unlawful withholding of moneys belonging to
title insurers or insureds or others and received in conduct of business under the license or
appointment. [Section 626.8437(7), Florida Statutes];
(d) — Funds required to be maintained in escrow trust accounts pursuant to this section
shall not be subject to any debts of the title insurance agent and shall be used only in accordance
with the terms of the individual escrow, settlement, or closing instructions under which the funds
were received, [Section 626.8473(4), Florida Statutes.
WHEREFORE, you, , 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 626.8437, 626.844,
626.8443, 626.8457, 626.846, and 626.9521, Florida Statutes, and under the other referenced
Sections of the Florida Statutes as sct 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 East
Gaines Street, Tallahassee, Florida 32399-0333, Your written response must be received by the
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
Oct 4 2006 10:33
FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. G4 2666 16:27AM Pii-i4
MATTERS ALLEGED HEREIN AND AN ORDER OF
REVOCATION WILL BE ENTERED AGAINST YOU.
lf 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 making 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.
[fa hearing of any type is requested, you have the right to be represented by counsel or
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.
If a 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.
Howover, 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.
Oct 4 2006 10:33
FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. G4 2666 1a:27AM Pl2-14
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 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 al St day of J lene, . 2006.
KAREN CHANDLER
Deputy Chief Financial Officer
Oct 4 2006 10:33
FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 64 2666 16:28AM Pis~-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: THE GREATER
TITLE SERVICES, INC., 5835 Blue lagoon Drive, Suite 101, Miami, FL 33126-2036; by
Certified Mail this R/S86_ day of Skene . 2006.
Dean Andrews
Division of Legal Services
200 Kast Gaines St.
612 Larson Building
Tallahassee, Florida 32399-033
(850) 413-4242 Phone
(850) 487-0197 Fax
Florida Bar Number 0001959
Docket for Case No: 06-003774
Issue Date |
Proceedings |
Dec. 13, 2006 |
Order Closing Files. CASE CLOSED.
|
Dec. 12, 2006 |
Motion to Relinquish Jurisdiction filed.
|
Nov. 22, 2006 |
Notice of Cancellation of Deposition (B. Moreiras) filed.
|
Nov. 20, 2006 |
Amended Notice of Hearing (hearing set for December 18 and 19, 2006; 11:00 a.m.; Miami, FL; amended as to time).
|
Nov. 13, 2006 |
Notice of Taking Deposition Duces Tecum (B. Moreiras) filed.
|
Nov. 09, 2006 |
Re-notice of Taking Deposition Duces Tecum (amended as to location only) filed.
|
Nov. 03, 2006 |
Respondents` Consolidated First Interrogatories and First Request for Production dated November 2, 2006 filed.
|
Nov. 02, 2006 |
Notice of Taking Deposition Duces Tecum (Records Custodian) filed.
|
Nov. 02, 2006 |
Notice of Taking Deposition Duces Tecum (T. Sanchez) filed.
|
Nov. 02, 2006 |
Notice of Taking Deposition Duces Tecum (P. Hancock) filed.
|
Nov. 02, 2006 |
Notice of Taking Deposition Duces Tecum (S. Glenn) filed.
|
Oct. 19, 2006 |
Order of Pre-hearing Instructions.
|
Oct. 19, 2006 |
Notice of Hearing (hearing set for December 18 and 19, 2006; 9:00 a.m.; Miami, FL).
|
Oct. 18, 2006 |
Order of Consolidation (DOAH Case Nos. 06-3774 and 06-3777PL).
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Oct. 12, 2006 |
Unilateral Compliance with Initial Order filed.
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Oct. 11, 2006 |
Petitioner`s Response to Initial Order filed.
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Oct. 04, 2006 |
Initial Order.
|
Oct. 04, 2006 |
Administrative Complaint filed.
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Oct. 04, 2006 |
Election of Proceeding filed.
|
Oct. 04, 2006 |
Notice of Appearance (filed by L. Granoff).
|
Oct. 04, 2006 |
Agency referral filed.
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