FILED eT 207 ROY 23 a FILED ALEX SUNG CHIEF FINANCIAL OFFICER | Eger STATE OF FLORIDA Any istaae or SEP 10 2009 Ae RAT} yy 9-64 30 PL" Dechetedby AR CASE NO.: 105521-09-AG IN THE MATTER OF: PATRICIA NIEL MOORE ADMINISTRATIVE COMPLAINT TO: PATRICIA NIEL MOORE 15676 Alton Drive Ft. Myers, Florida 33908 You, PATRICIA NIEL MOORE, license LD. #A183509, 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 title insurance (4-10) agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, PATRICIA NIEL MOORE, 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, PATRICIA NIEL MOORE, 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 license and appointments. 4. At All time material herein, you, PATRICIA NIEL MOORE, as a licensed title insurance agent working by, through, and with Select Title Guaranty Agency Corp., a licensed title insurance agency, in which you were a director and agent in charge, conducted improper real estate closings on property without a proper title search, failed to maintain a valid surety bond for your agency, and failed to cause it to pay its annual administrative surcharge, all as will hereinafter be more fully set forth. COUNT I 5. The above general allegations are hereby realleged and fully incorporated herein by reference. 6. On or about June 2, 2005, you, PATRICIA NIEL MOORE, as a licensed title insurance agent, acting by, through, and with Select Title Guaranty Agency Corp, a licensed title insurance agency in which you were a director and agent in charge, conducted a real estate closing involving CU Investments Inc. as seller and Tyler Forrey, as buyer. This transaction was based upon a contract of sale reflecting a purchase price of $130,500, which was thereafter altered to reflect a purchase price of $30,500 upon which, you failed to make any verifications. You prepared and recorded a warranty deed executed for CU Investments Inc. by a Vice President with purported authority to do so, and whose authority was not in any way verified by you. Subsequent litigation ensued which caused a Lis Pendens to be filed against the property on August 3, 2005. You then proceeded to close a subsequent real estate closing on the transaction on September 1, 2005 involving Deborah L. Jenkins as purchaser, for a sale price of $159,800, completely ignoring the Lis Pendens then attached to the property being sold. IT IS THEREFORE CHARGED that you, PATRICIA NIEL MOORE, 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 in the issuance of its commitments, binders, policies of title insurance, or guarantees of title. [Section 626.8437(4), Florida Statutes]; (b) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 626.8437(5), Florida Statutes]; (c) Willful failure to comply with, or willful violation of, any proper order or tule of the department or willful violation of any provision of this act. [Section 626.8437(9), Florida Statutes]. ~ COUNTII 7. The above general allegations are hereby realleged and fully incorporated herein by reference. 8. At all time material herein you conducted business operations with your licensed title insurance agency, Select Title Guaranty Agency Corp, but failed to maintain a surety bond and to pay your 2008 annual administrative surcharge, each of which is required by statute. IT IS THEREFORE CHARGED that you, PATRICIA NIEL MOORE, 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) _ Prior to doing business in this state as a title insurance agent, the title insurance agent must post a surety bond not less than $35,000 payable to the department for the benefit of any appointing insurer and the bond must remain unimpaired for as long as the agent remains in business. [Section 626.8418(2), Florida Statutes]; (b) On or before January 30" of each calendar year, each licensed title insurance agent shall remit an administrative surcharge of $200. [Section 624.501(27)(e)2., Florida Statutes]; (c) 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]; (4) __ Violation of any provision of this act in the course of dealing under the license or appointment. [Section 626.844(2), Florida Statutes]. WHEREFORE, you, PATRICIA NIEL MOORE, 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 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 Tracey Beal, DFS Agent Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. 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 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) 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. (e) A statement 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. 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. 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 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 agent 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 | (fe day or Dylan. 2009. , Oe Fy } TAMMY a ty SH 3 H : as & Deputy Chief Financial Officer erry 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: PATRICIA NIEL MOORE 15676 Alton Drive Ft. Myers, Florida 33908 by Certified Mail this (7 day of S@VE44% , 2009. Dean Andrews Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4242 Florida Bar Number 0001959

Docket for Case No: 09-006438PL