Feb 8 2007 14:27 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Feb. GS 2687 @2:25PM P22 FLORIDA _ FINANCIAL SERVICES ALEX SINK FILED CHIEF FINANCIAL OFFICER STATE OF FLORIDA ATEN 18 2007 IN THE MATTER OF: Booieted by, 774” & MARTA ISABEL MARTINI 7 CASE NO.: 84741-07-AG / ADMINISTRATIVE COMPLAINT TO: MARTA ISABEL M8 TINEZ 15104 Southwest 1591|1 Mace Miami, FL 33196-57':3 MARTA ISABEL M.': R:TINEZ 11980 SW 144th Cour, Suite 111 Miami, FL 33186 You, MARTA ISABE |. MARTINEZ, license 1.D. E005956, 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 a iitle insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Cl:aprer 626, Florida Statutes, you, MARTA ISABEL MARTINEZ, are currently licensed in this «late as a Title Insurance Agent (4-10). 2. At all times pc itinent to the dates and occurrences referred to herein, you, MARTA ISABEL MARTINI:/, were licensed in this state as a Title Insurance Agent (4-10). 3. Pursuant to Cr ayer 626, Florida Statutes, the Florida Department of Financial Services (hereinafter "Depatt nwt") has jurisdiction over your agent license and appointments. Feb 8 2007 14:27 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Feb, 66 2647 82:25PM P32 4. At all times miulerial herein, you, MARTA ISABEL MARTINEZ, owned and operated a title Insurance ageiicy business located at 11980 SW 144th Court, Suite 111, Miami, Florida 33186, known as ATI. AINTIS TITLE SERVICES, INC. 5. At all times muiterial herein, all funds reecived by you, MARTA ISABEL MARTINEZ, acting by, thror.zh and with ATLANTIS TITLE SERVICES, INC., from consumers or on behalf of cousumers representing premiums for insurance policies, were trust funds pursuant to Section 62(.561(1), Florida Statutes, and were received in a fiduciary capacity and were to be accounted for «inc paid over to the insurer, insured, or other persons entitled thereto in the regular course «: “ husiness. 6. At all times mi tevial herein, you, MARTA ISABEL MARTINEZ were the sole officer and director who acter in, behalf of ATLANTIS TITLE SERVICES, INC. as the licensed title insurance agent in full-tirne charge of that agency. 7, Atall times milevial herein, you, MARTA ISABEL MARTINEZ, as a licensed title insurance agent, acting b., through and with ATLANTIS TITLE SERVICES, INC., consistently effected title insti ance premium charges in excess of the promulgated rates; failed to remit proper premium amerinits to the insurer; disbursed moneys on uncollected funds, prepared and issued deceptiv: F'UD-1 settlement closing statements; and charged consumers excess sums for abstract title vervices. COUNT J 8, The above ger.:ral allegations are hereby realleged and fully incorporated herein by reference. 9. During the period from November 21, 2003 through June 14, 2004, you, MARTA ISABEL MARTINEZ, as a li::eused title insurance agent, acting by, through and with ATLANTIS TITLE SERVIC! 'S, INC., effected premium charges to consumers in excess of promulgated rates as evidenci id in your following files: File Numbers 03-11-167; 03-12-181; 03-12-1812; 04-01-150; 04-0 1-152; 04-03-66; 04-05-104; 04-05-1042; 03-11-1539; 03-12-185; and 04-01-0000. Feb 8 2007 14:28 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Feb, 66 2667 42:26PM P4265 Your conduet in these ulosings, as aforesaid, represents fraudulent and deceptive preparation of settlement doc: i.ents which did not and do not reflect true costs of the transaction. IT IS THEREFORE ( HARGED that you, MARTA ISABEL MARTINEZ, have violated or are accountable under the /:1ll owing 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 appointmeri|s (a) Demonstrated |.ack of fitness or trustworthiness to represent a title insurer through the issuance of its commitme ts, binders, policies of title insurance, or guarantees of title, [Section 626,8437(4), Floride Statutes]; (b) Fraudulent or «lishonest practices in the conduct of business under the license or appointment. [Section 626.84: 7(6), Florida Statutes]; (c) Misappropriatiim, conversion, or unlawful withholding of moneys belonging to title insurers or insureds or ol: ers and received in conduct of business under the license or appointment, [Section 626.84! 7(7), Florida Statutes]; (a) —- Willful failure io comply with or willful violation of any proper order or rule of the department or willful viol stion of any provision of this act. [Section 626.8437(9), Florida Statutes, (e) Knowingly collecting a sum as a premium or chatge for inswrance, which is not then provided, or is not in dur course to be provided, subject to acceptance of the risk by the insurer, by an insurance polic issued by an insurer as permitted by this code. [Section 626.9541(1)(0)1., Florida Ste ines; (f) Knowingly ca! lecting as a premiwm or charge for insurance any sum in excess of or less than the premium or cl 'arge 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]. Feb 8 2007 14:28 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Feb, 6 2647 42:26PM PS-26 (g) A person may ict knowingly quote, charge, accept, collect, or receive a premium for title insurance other than ‘li: premium adopted by the commission. [Section 627.780(1), Florida Statutes. COUNT IH 10. The above geri:ral allegations are hereby realleged and fully incorporated herein by reference. 11, During the period. from November 21, 2003 to June 14, 2004, you, MARTA ISABEL MARTINEZ, as a lis:crise title insurance agent, acting by, through and with ATLANTIS TITLE SERVICES, INC., fai! 2d to remit the required premium portion to your insurers as reflected in your following filus: File Numbers 03-11-167; 03-12-181; 03-12-1812; 04-01-150; 04-01-152; 04-03-66; 04-05-' (4; 04-05-1042; 03-1 1-159; 03-12-185; and 04-01-0000. Your conduct in these closings, as aforesaid, represents fraudulent and deceptive action designed only to afford impre:per revenues for yourself and your agency. IT IS THEREFORE €:[/ARGED that you, MARTA ISABEL MARTINEZ, have violated of are accountable under the |-llowing provisions of the Florida Insurance Code and Rules of the Department of Financial Serv'czs which constitute grounds for the suspension or revocation of your licenses and appointmer |s: | (a) Detmonstrated ack of fitness or trustworthiness to represent a title insurer through the issuance of its commitme. its, binders, policies of title insurance, or guarantees of title. [Section 626.8437(4), Florid:: Statutes]; (b) — Fraudulent or