cn Sa ite REPRESENTING Nov 9 007 ALEX SINK CHIEF FINANCIAL OFFICER . STATE OF FLORIDA “Dper de eat . IN THE MATTER OF: c - EVELYN MARRERO CASE NO.: 89417-07-AG / ADMINISTRATIVE COMPLAINT TO: EVELYN MARRERO 12560 SW 75th Street, Suite 101 Miami, FL 33183 You, EVELYN MARRERO, license 1.D, #2127287, are hereby notified that the Chief Financial Officer as agency head of the Department of Financial Services of the State of Florida has caused to be made an investigation of your activities 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, EVELYN MARRERO, are currently licensed in this state as a title insurance agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, EVELYN MARRERO, were licensed in this state as a title insurance agent. 3, Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (“Department”), has jurisdiction over your title insurance agent license and appointments. 4, At all times material herein, you, EVELYN MARRERO, as a licensed title insurance agent, acting by and through J&E UNIVERSAL TITLE SERVICES, INC., a licensed title insurance agency, conducted false and fraudulent real estate closings and falsely and Slvéd WEP: BEEZ Be ‘hel 2G6P26P8S8: "ON xs SSDINHSS TEIDNENT 4 40 Ldad: WOAs ccia sno of Fey, fraudulently collected and disbursed escrow moneys from the agency escrow account, all of which will be more particularly hereinafter set forth. COUNT J 5. The above general allegations are hereby realleged and fully incorporated herein by reference. 6. On or about October 4, 2005, you, EVELYN MARRERO, as a licénsed title agent, and acting by and through J&E UNIVERSAL TITLE SERVICES, INC., as a licensed title insurance agency, served as the title and closing agent for a real estate transaction involving sale of property located at 14623 Southwest 112th Street, Miami, Florida, wherein you and J.B. were sellers and R.G. was buyer, You prepared a warranty deed conveying title to the subject . property from yourself and J.B. to R.G. and failed thereafter to record such deed in the public records. You also prepared a first mortgage deed from R.G. in favor of Freemont Investment and Loan (hereinafter "Freemont") securing the sum of $310,400.00 and a second mortgage deed in favor of Freemont securing the sum of $77,600.00, You failed thereafter to record the first mortgage deed in the public records, and failed to record the second mortgage deed in the public records until April 11, 2006, six months after the transaction had closed. 7. Loan proceeds associated with the first and second mortgages in the R.G. transaction, totalling $388,000.00, were deposited to your escrow account on October 4, 2005, and thereafter, a portion of such escrow proceeds were improperly disbursed to the personal bank account of yourself. IT IS THEREFORE CHARGED that you, EVELYN MARRERO, 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) Misappropriation, conversion, or unlawful withholding of moneys belonging to title insurers ot insureds or beneficiaries or others and received in conduct of business under the license or appointment. [Section 626.8437(7), Florida Statutes]; SIvfd WWerISa SaBZ Ge ‘hel 2G@6P28PES3: "ON xs SSITAYSS TEIDNENT 4 JO Lda: WOXs oe:6 300Z az Arey (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 (4) All funds received by a title insurance agent shall be trust funds received in a fiduciary capacity by the title insurance agent and shall be the property of the person or persons entitled thereto. [Section 626,8473(2), Florida Statutes]. COUNT IT 8, The above general allegations are hereby realleged and fully incorporated herein by reference. 9, On or about January 31, 2006, you, EVELYN MARRERO, as a licensed title agent, and acting by and through J&E UNIVERSAL TITLE SERVICES, INC., as a licensed title insurance agency, served as the title and closing agent for a real estate transaction involving sale of the same property located at 14623 Southwest 112th Street, Miami, Florida, as was involved in the R.G. sale transaction. You and R.B. executed a second warranty deed conveying this property to M.M., which was recorded on February 24, 2006, 10, In connection with the second fraudulent real estate transaction, M.M. executed a mortgage in favor of WNC Mortgage Corp. (hereinafter "WNC") securing the sum of $474,050.00, which was recorded February 24, 2006. Such loan proceeds were deposited to your escrow account and a review of your escrow account records revealed that between October 5, 2005 and April 6, 2006, a total of $409,644.88, derived from both the first and second sham transactions involving R.G. and yourself, were improperly disbursed to M.M. and R.B. IT 18 THEREFORE CHARGED that you, EVELYN MARRERO, 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: Slvrd WEP IS BEEF Be ‘hel 2G6P26P8S8: "ON xs SSDINHSS TEIDNENT 4 40 Ldad: WOAs ccia sno of Fey, (a) Misappropriation, conversion, or unlawful withholding of moneys belonging to title insurers or insureds or beneficiaries or others and received in conduct of business under the license or appointment, [Section 626.8437(7), 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 (d) All funds received by a title insurance agent shall be trust funds received in a fiduciary capacity by the title insurance agent and shall be the property of the person or persons entitled thereto. [Section 626.8473(2), Florida Statutes]. COUNT Il 11. The above general allegations are hereby realleged and fully incorporated herein by reference. 12. On or about October 7, 2005, you, EVELYN MARRERO, as a licensed title insurance agent, and acting by and through J&E UNIVERSAL TITLE SERVICES, INC., asa licensed title insurance agency, served as the closing agent for a real estate transaction involving alleged sale of property located at 3450 SW 128th Avenue, Miami, Florida, wherein KS was the purchaser and I'M was the seller. The sales transaction was fraudulent and fictitious in that KS was not a real purchaser of the property. Proceeds from this fictitious sales ransaction were deposited to your escrow account at Wachovia Bank and were thereafter utilized to purchase a personal residence for yourself. IT IS THEREFORE CHARGED that you, EVELYN MARRERO, 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: Sl/Sd WEP ISA BEEZ Be ‘hel 2G@6P28PES3: "ON xs SSITAYSS TEIDNENT 4 JO Lda: WOXs 9¢:6 8007 OZ Airy (a) Misappropriation, conversion, or unlawful withholding of moneys belonging to title insurers or insureds or beneficiaries or others and received in conduct of business under the license or appointment, [Section 626.8437(7), 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 (d) All funds received by a title insurance agent shall be trust funds received in a fiduciary capacity by the title insurance agent and shall be the property of the person or persons entitled thereto. [Section 626.8473(2), Florida Statutes]. WHEREFORE, you, EVELYN MARRERO, 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 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, llorida 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 of Financial Services ("Department") pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-106, 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 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 {han 5:00 p.m. on the twenty-first day after ST/Sd WEP IS BEEZ Be ‘hel 2G6P26P8S8: "ON xs SSDINHSS TEIDNENT 4 40 Ldad: WOAs aci6 800 of Fe, your receipt of this notice. Muiling 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 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 noled above, completion of the attached Election of Proceeding form conforms to these requirements, Specifically, your response must contain: (a) Thename, 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 attomey or qualified representative of the respondent (if any) upon whom service of pleadings and other, papers shall be made. (c) A statement 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, (ce) | Astatement including the file number to the administrative complaint. If a 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. Stvéd WelpP 8a sage Be “AeW AB6P28PH58: “ON xds SADINYSS TETDNENIA 30 Ldad: WOxSs 26:6 8002 of Fe, 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 wil! 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 mist 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 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. DATED and SIGNED this Gh day of W: —VEM Ler , 2007. KAREN CHANDLER al Deputy Chief Financial Officer aes _ re Abo om one wa ae ww, a as ') ’ La 1 " ww ST/8d Wri SaG2 Ge ‘hel 2G@6P28PES3: "ON xs SSITAYSS TEIDNENT 4 JO Lda: WOXs 26:6 800% OZ fey CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: EVELYN MARRERO, 12560 SW 75th Street, Suite 101, Miami, FL 33183; by Certified Mail this Y day of _Mpviern deer... 2007, Dean Andrews Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4242 Phone (850) 487-4907 Fax Florida Bar Number 0001939 Siv6d WerP 8a sage Be “Ae AB6P28PH58: “ON xds SADINYSS TETDNENIA 30 Ldad: WOxSs 26:6 8002 of Fe,

Docket for Case No: 08-002429PL