Oct 31 200° 9:44 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 31 2687 16:45AM Pa-12 FILED REPRESENTING ocT 8 2007 ALEX SINIK CHIEF FINANCIAL OFFICER STATE OF FLORIDA. tein ; IN THE MATTER OF: sm y - CASE NO.: 91891-07-AG BARBARA N. ROJAS ADMINISTRATIVE COMPLAINT. TO: BARBARAN. ROJAS Miller Title and Escrow, LLC 10240 Miller Road Suite 108 Miami, FL 33165-7066 BARBARA N. ROJAS 10700 SW 135th Terrace Miami, FL 33176 You, BARBARA N. ROJAS, license 1.D. #A067041, are hercby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of your activitics while licensed as a title insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, BARBARA N. ROJAS, are currently licensed in this state as a title insurance agent; customer representative. 2. Atall times pertinent to the dates and occurrences referred to herein, you, BARBARA N. ROJAS, were licensed in this state as a title insurance agent. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services has jurisdiction over your insurance licenses and appointments. 4. You, BARBARA N. ROJAS, as a licensed title insurance agent, and as President, Director and agent in charge of BND Title Services, Inc., conducted insurance business by and Oct 31 200° 9:44 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 31 2687 16:46AM = P4-12 through that agency during which at all times material herein, you misappropriated fiduciary funds collected in the normal course of business; misapplied escrow funds in payment of personal debts and expenses; failed to disburse escrow funds in a timely manner; failed to reconcile escrow accounts in a timely manner; and overcharged for related title services and fees. 5. Tn April, 2005, Fidelity National Financial, Inc., the company under whose appointment you and your title agency operated, conducted an audit of the agency to reveal countless misappropriations of fiduciary funds and other improprieties, all of which will be more particularly hercinafter sct forth. COUNT I 6. The above general allegations are hereby realleged and fully incorporated herein by reference. 7. During the period from 2003 through 2005, you, BARBARA N. ROJAS, as a licensed title insurance agent, caused the misappropriation of numerous checks from the BND Title Services, Inc. escrow account payable to yourself. IT [8 THEREFORE CHARGED that you, BARBARA N. ROJAS, 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) A title insurance agent, or any officer, director, or cmployce thercof, or any person associated therewith as an independent contractor for bookkeeping or similar purposes, who converts or misappropriates funds reccived or held in escrow or in trust by such title insurance agen, or any person who knowingly reccives or conspires to receive such funds therefrom commits the offenses as specified. [Section 626.8473(7), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to represent a title insurer in the issuance of its commitments, binders, policies of title insurance, or guarantees of title. [Section 626.8437(4), Florida Statutes]; Oct 31 200° 9:44 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 31 2687 16:46AM P5712 (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.8437(6), Florida Statutes}; (d) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license or appointment. [Section 626.8437(7), Florida Statutes]; and (e) 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]. COUNT I 8. ‘The above general allegations are hereby realleged and fully incorporated herein by reference. 9. During the period from 2003 through 2005, you, BARBARA N. ROJAS, as a licensed title insurance agent, caused the misappropriation of fiduciary funds from the escrow account of BNT) Title Services, Inc. by payments made to one Jorge Mesa in the total sum of $246,669.78. If IS TIEREFORE CITARGED that you, BARBARA N. ROJAS, have violated or are accountable under the following provisions of the l'lorida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your licenses and appointments: (a) A title insurance agent, or any officer, director, or employee thereof, or any person associated therewith as an independent contractor for bookkeeping or similar purposes, who converts or misappropriates funds received or held in escrow or in trust by such title insurance agent, or any person who knowingly reccives or conspires to receive such funds therefrom commits the offenses as specified. [Scction 626.8473(7), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to represent a title insurer in the issuance of its commitments, binders, policics of title insurance, or guarantees of title. [Section 626.8437(4), Florida Statutes); Oct 31 200° 9:45 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 31 2667 16:46AM Pele (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.8437(6), Florida Statutes]; (d) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the _ license or appointment. [Section 626,.8437(7), Florida Statutes]; and (e) 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]. COUNT II 10. The above general allegations are hereby realleged and fully incorporated herein by reference. 11. The audit report conducted by Fidelity National Financial, Inc. developed that during the period from 2003 through 2005, you, BARBARA N. ROJAS, caused misappropriation of fiduciary funds in the escrow account of BND Title Services, Inc., payable to yoursclf, friends, relatives, and associates in the total sum of $1,396,142.18. IT IS THEREFORE CHARGED that you, BARBARA N. ROJAS, 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 appoiniments: (a) A title insurance agent, or any officer, director, or employee thereof, or any person associated therewith as an independent contractor for bookkeeping or similar purposes, who converts or misappropriates funds reccived or held in escrow or in trust by such title insurance agent, or any person who knowingly receives or conspires to receive such funds therefrom commits the offenses as specified. [Section 626.8473(7), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to represent a title insurer in the issuance of its commitments, binders, policies of title insurance, or guarantees of title. [Section 626.8437(4), Florida Statutes}; Oct 31 200° 9:45 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 31 2667 16:47AM Prel2 (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.8437(6), Florida Statutes]; (d) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license or appointment. [Section 626.8437(7), Florida Statutes]; and (e) 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]. COUNT IV 12, The above general allegations are hereby realleged and fully incorporated hercin by reference. 13. Review of files at the offices of BND Title Services, Inc. for the period 2003 through 2005 revealed that you, BARBARA N. ROJAS, caused an escrow shortage in 36 files; 216 outstanding checks over 90 days old totaling $97,170.68; and improper charges for document preparation with closing fees. IT 1S THEREFORE CHARGED that you, BARBARA N. ROJAS, 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) A title insurance agent, or any officer, director, or employee thereof, or any person associated therewith as an independent contractor for bookkeeping or similar purposes, who converts or misappropriates funds received or held in escrow or in trust by such title insurance agent, or any person who knowingly receives or conspires to receive such funds therefrom commits the offenses as specified. [Section 626.8473(7), Florida Statutes); (b) Demonstrated lack of fitness or trustworthiness to represent a title insurer in the issuance of its commitments, binders, policies of title insurance, or guarantees of lille. [Section 626,8437(4), Florida Statutes]; Oct 31 200° 9:45 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 31 26687 16:47AM Perle (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment, [Section 626.8437(6), Florida Statutes]; (d) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license or appointment. [Section 626.8437(7), Florida Statutes]; and (e) 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]. WHEREFORE, you, BARBARA N. ROJAS, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appointments as a title insurance agent or lo 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 sel oul in this Administrative Complaint. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department of Financial Services ("Department") pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-106, Florida Administrative Codc. The proceeding request must be in writing, signed by you, and must be filed with the Departiment 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 acting as 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. Oct 31 200° 9:45 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 31 2687 16:46AM Po-12 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 SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST YOU. If’ you request a proceeding, you must provide information that complies with the requirements of Rule 28-106,2015, 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, address, and telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent"). (b) The name, address, telephone number, facsimile number of the attorney or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. (c) Astatement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. (d) A statement of when the respondent received notice of the administrative complaint. (e) A statement including the file number to the administrative complaint, If a hearing of any Lype 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. lf a proceeding is requested and there is no dispute of material fact, the provisions of Section 120.57(2), Florida Statutes, apply. Tn this rogard, 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 Oct 31 200° 9:45 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 31 2687 16:48AM Pig-i2 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 arc held before a State Administrative Law Judge of the Division of Administrative [learings. Unless the majority of witnesscs 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 denicd. All prior oral communication of 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 oul 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. DATED and SIGNED this 8h day of Ocho be 2007. Deputy Chief Financial Officer Oct 31 200° 9:45 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 31 2687 16:48AM Pii/i12 CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAIN and ELECTION OF PROCEEDING has been furnished to: BARBARA N. ROJAS, Miller Title and Escrow, LLC, 10240 Miller Road, Suite 108, Miami, FL 33165-7066; and BARBARA N, ROJAS, 10700 SW 135th Terrace, Miami, FL 33176, by Certified Mail this & day of Oc-ky be vr, 2007. Dean Andrews Division of Legal Services 200 Rast 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: 07-005030PL