Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: MARTHA L. LOAIZA
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Kissimmee, Florida
Filed: Jun. 11, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 8, 2008.
Latest Update: Dec. 25, 2024
D8-ITbOPL
STATE OF FLORIDA 78 JUN TE ATE 37
DEPARTMENT-OF BUSINESS AND PROFESSIONAL REGULATION
FLORIDA REAL ESTATE COMMISSION
FLORIDA DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION,
DIVISION OF REAL ESTATE,
Petitioner,
Vv. FDBPR Case N° 2007040501
MARTHA L. LOAIZA,
Respondent.
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ADMINISTRATIVE COMPLAINT
State of Florida, Department of Business and Professional
Regulation, Division of Real Estate (“Petitioner”) files this
Administrative Complaint against Martha L. Loaiza (“Respondent”)
and alleges:
ESSENTIAL ALLEGATIONS OF MATERIAL FACT
1. Petitioner is a state government licensing and regulatory
agency charged with the responsibility and duty to prosecute
Administrative Complaints pursuant to the laws of the State of
Florida, in particular Section 20.165 and Chapters 120, 455 and
475, of the Florida Statutes and the rules promulgated pursuant
thereto.
2. Respondent is and was at all times material hereto a
licensed Florida real estate sales associate, issued license number
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FDBPR v. Martha L. Loaiza . . Case No. 2007040501
Administrative Complaint
3109985 in accordance with Chapter 475 of the Florida Statutes.
3. The last license issued was as a sales associate with
Sunshine Quest Realty, Inc., 1700 West Vine Street, Kissimmee,
Florida 34741.
4. On or about August 18, 2006 Respondent was married to
Luis Pinzon. A copy of the certificate of marriage is attached
hereto and incorporated herein as Administrative Complaint
Exhibit 1.
5. On or about August 18, 2006 Respondent knowingly gave a
false sworn statement, affirming being a single women in a Quit
Claim Deed transferring a real property known as Condominium Unit
112 in Building 23 of Villanova at Hunters Creek (Subject
Property), to Respondent’s mother Alda J Ramirez. A copy of the
quit claim deed is attached hereto and incorporated herein as
Administrative Complaint Exhibit 2.
6. On or about August 18, 2006 Respondent recorded or
caused to be recorded the Quit Claim Deed for the Subject
Property.
COUNT ONE
Based upon the foregoing, Respondent is guilty of having
placed, or caused to be placed, upon the public records of the
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FDBPR v. Martha L. Loaiza Case No. 2007040501
Administrative Complaint
County, any contract, assignment, deed, will, mortgage, lien,
‘affidavit, or other writing which purports to affect the title of,
or encumber, any real property if the same is known to him to be
false, void, or not authorized to placed of record or not executed
in the form entitling it to be recorded, or the execution or
recording whereof has not been authorized by the owner of the
property, maliciously or for the purpose of collecting a commission,
or to coerce the payment of money to the broker or salesperson or
other person, or for any unlawful purpose in violation of Section
475.42(1)(j), Florida Statutes and, therefore, in violation of
Section 475.25(1) (a), Florida Statutes.
WHEREFORE, Petitioner respectfully requests the Florida Real
Estate Commission, or the Department of Business and Professional
Regulation, as may be appropriate, to issue a Final Order as final
agency action finding the Respondent (s) guilty as charged. The
penalties which may be imposed for violation(s) of Chapter 475 of
the Florida Statutes, depending upon the severity of the
offense(s), include: revocation of the license or registration or
permit; suspension of the license, registration or permit for a
period not to exceed ten (10) years, imposition of an
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FDBPR v. Martha L. Loaiza Case No. 2007040501
Administrative Complaint
administrative fine of up to $5,000 for each count or offense;
imposition of investigative costs; issuance of a reprimand;
imposition of probation subject to terms including, but not limited
to, requiring the licensee, registrant or permitee to complete and
pass additional real estate education courses; publication; or any
combination of the foregoing which may apply. See Section
475.25(1), Florida Statutes and Florida Administrative Code Rule
61092-24.001. The penalties which may be imposed for violation(s)
of Chapter 455 of the Florida Statutes, depending upon the severity
of the offense(s), include: revocation of the license,
registration, or permit; suspension of the license, registration,
or permit for a period not to exceed ten (10) years; imposition of
an administrative fine of up to $5,000 for each count or offense;
imposition of investigative costs; issuance of a reprimand;
imposition of probation subject to terms including, but not limited
to, requiring the licensee, registrant, or permitee to complete and
pass additional real estate education courses; publication;
restriction of practice; injunctive or mandamus relief; imposition
of a cease and desist order; or any combination of the foregoing.
which may apply. See Section 455.227, Florida Statutes and Florida
Administrative Code Rule 6132-24.001.
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FDBPR v. Martha L. Loaiza Case No. 2007040501
Administrative Complaint
SIGNED this \S day of { ope Q , 2008.
<*\
Department of Business
Professional Regulation
Thomas O’Bryant, Jr.
Director, Division of Real Esta
: ent of Professional Rea
Division of Real Estate ATTORNEY FOR PETITIONER
Patrick James Cunningham
Senior Attorney
Florida Bar N° 469221
Division of Real Estate
Department of Business and
Professional Regulation,
Legal Section - Suite N 801
Hurston Bldg. North Tower
400 West Robinson Street
Orlando, Florida 32801-1757
(407) 481-5632
(407) 317-7260 FAX
/k
PCP: RDF/HF 4/08
NOTICE TO RESPONDENTS
PLEASE BE ADVISED that mediation under Section 120.573 of
the Florida Statutes, is not available for administrative disputes
involving this type of agency action.
PLEASE BE FURTHER ADVISED that pursuant to this
Administrative Complaint you may request, within the time allowed
by law, a hearing to be conducted in this matter in accordance with
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FDBPR v. Martha L. Loaiza . Case No. 2007040501
Administrative Complaint
Sections 120.569 and 120.57 of the Florida Statutes; that you have
the right, at your option and expense, to be represented by counsel
or other qualified representative in this matter; and that you have
the right, at your option and expense, to take testimony, to call
and cross-examine witnesses, and to have subpoena and subpoena
duces tecum issued on your behalf if a formal hearing is requested.
PLEASE BE FURTHER ADVISED that if you do not file an
Election of Rights form or some other responsive pleading with the
Petitioner within twenty-one (21) days of receipt of this
Administrative Complaint, the Petitioner will file with the Florida
Real Estate Commission a motion requesting an informal hearing and
entry of an appropriate Final Order which may result in the
suspension or revocation of your real estate license or
registration. Please see the enclosed Explanation of Rights and
Election of Rights form.
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ANIWIdiN0O 3ALLY
OFFICE OF THE CITY CLERK
MARRIAGE LICENSE BUREAU
Certificate of Marriage Registration
QF 7003208
This Is To Certify That. Fernanda L. Pinzéa
Hl residing at 150-14. Grand Central Pkwy, 1, Jamaica, WY 11432
at Cali Colombia
‘Pkuy, #1, Jemaica, NY 11492
“at Pereira Colombia
Mere Married
Harch 06,1797 at. QUEENS:
120-58 QUEENS BLVD. , KEW GARDENS
y
as shown by the duly registered license and certificate of marriage of said persons on file in this office.
CERTIFIED THIS DATE AT THE CITY CLERK'S OFFICE .
QUEENS, N.Y. _ Harch 04]9 97
PLEASE NOTE: Facsimile Signature
and seal are printed pursuant
to Section 11-A, Domestic
Relations Law of New York. ‘ City. Clee: oG tht éw York
Qa 39698 « me
ADMIN
PE
Prepared By and Return to: INSTR 20060547776
E 1A. Moore OR BK @8816 PG 1554 PES=1
1330 N. John Young Parkway ’ onanoe cone COMPTROLLER,
Kissimmee, FL 34741 @8/18/2606 4235244 PH i Q
DEED DOC {AX 798.0a
QUIT CLAIM DEED REC FEE 16.84
LAST PAGE
This Quit Claim Deed dated August 18, 2006, by MARTHA L. LOAIZA, a single £06 JUN | !
woman, whose address is 121-11 Poppy Field Lane $112, Orlando, FL 32837, hereinafter ulVision
sil
called the grantor, to ALDA J-RAMIREZ, a single woman, whose address is 79-06 Main AQMINISTRATIVE
HEARINGS
Street, #1L, Flushing, Y 11367, hereinafter called the grantee.
WITNESSETH: That the GRANTOR for an in consideration of the sum of $10.00 and
other valuable consideration, receipt whereof is hereby acknowledged, hereby grants,
bargain, quit claims, aliens, remises, releases, conveys, and confirms unto the
GRANTEE, all the certain land situated in Orange County, Florida, viz:
- Condominium Unit. Noé in Building 23 of Villanova at Hunter’s Creek, a
Condominium ii Declaration of Condominium thereof, as recorded in
Official Records Book 819 Rage 2271 of the Public Records of Orange County,
Florida. Said premises nown as 121-11 Poppy. Field Lane $112, Orlando, FL
32837. :
TOGETHER with all the tenements, jitaments and appurtenances thereto belonging
or in any way appertaining.
‘TO HAVE AND-TO HOLD the same in fee simple forever.
AND the GRANTOR hereby covenants with said GRANTEE that the grantor is lawfully
seized of said land in fee simple; that the grantor bas good right and lawful authority to
quit claim and convey said land.
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day
and year first above written. ;
Signed, sealed and delivered in the presence of:
State of Florida.
County of Osceola
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and the County aforesaid to take acknowledgements, personally appeared
Martha Loaiza, to me known to be the persons described in or who has have produced
as identification and who executed the foregoing
instrument and they acknowledged before me that they executed the same.
yy hand and official seal in the County and State last aforesaid this \8* day
of 2006.
EXHIBI
PAGE
Notary
STRATIVE. COMPLAI
EXHIBIT #2
PAGE
a UBookeeterPageis54 CFN#20060547776 Pagetofi
A fh 37
OF
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TL
Docket for Case No: 08-002762PL
Issue Date |
Proceedings |
Jul. 08, 2008 |
Order Closing File. CASE CLOSED.
|
Jul. 03, 2008 |
Motion to Relinquish Jurisdiction filed.
|
Jun. 23, 2008 |
Order of Pre-hearing Instructions.
|
Jun. 23, 2008 |
Notice of Hearing (hearing set for July 18, 2008; 9:00 a.m.; Kissimmee, FL).
|
Jun. 17, 2008 |
Joint Response to Initial Order filed.
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Jun. 11, 2008 |
Initial Order.
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Jun. 11, 2008 |
Administrative Complaint filed.
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Jun. 11, 2008 |
Election of Rights filed.
|
Jun. 11, 2008 |
Agency referral filed.
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