STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION): FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, v. DBPR Case NO. 2007054223 STEPHEN B. WILLIAMS, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Stephen B. Williams (“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 Plorida, 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 broker, issued license number 3001675 H:\ac\williams..doc FDBPR v. Stephen B. Williams Case No. 2007054223 Administrative Complaint in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active broker at Edgewater Companies Inc., 11512 Lake Mead Ave. #303, Jacksonville, Florida 32256. 4. At all times material, Respondent was the qualifying broker for Edgewater Companies Inc., a then licensed real estate brokerage in the state of Florida. 5. On or about April 11, 2003, Respondent entered into an “Exclusive Right to Sell Listing Agreement” with Le Meridian Enterprises and/or Developers (Sellers), represented by Lanham D. Dodd & Gregory Wilson, for a property known as 932 N. 1St Street, Jacksonville Beach, FL 32250 and Surrounding Property as described in legal description (Subject Property). A copy of the agreement is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 6. Respondent entered into a listing contract for the sale of condominium units at a price “To Be Determined” by Developer.” 7. Respondent established the expiration date of the listing contract upon “The Sale of the Last Condominium.” 8. Respondent knew or should have known that upon “The Sale of the Last Condominium” was not a definite expiration date. 9. Respondent knew or should have known that the listing H.\ac\williams..doc 2 FDBPR v. Stephen B. Williams Case No. 2007054223 Administrative Complaint contract entered with Sellers failed to include the selling price for the condominium units. COUNT ONE Based upon the foregoing, Respondent is guilty of having failed to include an expiration date and price in a listing agreement in violation of Section 475.25(1)(r), 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 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 permittee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section H\ac\williams..doc 3 FDBPR v. Stephen B. Williams Case No. 2007054223 Administrative Complaint 475.25(1), Florida Statutes and Florida Administrative Code Rule 6132-24.001. 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 permittee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist notice; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 6132-24.001. H:\ac\williams..doc 4 FDBPR v. Stephen B. Williams Administrative Complaint SIGNED this day of Case No. 2007054223 , 2009. By: PCP Date: 11/16/09 PCP MEMBERS: JDR/GS CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation Z2—___ orearyr [ > Patrick James Cunningham Assistant General Counsel Fla. Bar No. 469221 Department of Business and Professional Regulation Division of Real Estate Legal Section 400 W. Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 - Telephone (407) 317-7260 - Facsimile H:\ac\williams. doc FDBPR v. Stephen B. Williams Administrative Complaint Case No. 2007054223 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 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. Hi\ac\williams..doc 6 FAX NO. :9a42828662 3 36 2005 B1:S1PM P2 904-268-0005 pf A ciebursed, according to the provisions of this AgroeMANE...w...nseeceses $ 4,000.00 fteme or by official or certified check or ware transfer$ Proceads of a new note and mortgage to be enapcaied by BUYER to Qierorerthen SELLER ee. 404,000.00 (E) PURCHASE PRICE q....eeneeeeecceesseansnnsensnanenstanmenne $108,900.00 2 FINANCING INFORMATION: BUYER intends te finance this as follows: [{—] cash on Enancing: or J] with a loan without financing contingency; fransaction and therefore not contingent S or F7] with the type of loan marked below with financing contingency, and f BUYER does not obtain the required financing but otherwise complies with the terms hereof, the binder deposil{s), lace sale and loan processing costs incurred, will be retumed to BUYER. (A) APPLICATION: Within ____days (five (5) days if ieft blank) after date of acceptance of this Agreement, BUYER will make application for financing, pay lender for appraisal and credit reports, instruct lendar to order same without delay, and fimely fumish any and all credit, employment, financial and other Information required by lender. GUYER hereby authorizes BUYER's lender to provide SELLER and SELLER’s broker with wien notice of ER’s loan statis including application date(s), eppravel or denial, Unless the mortgage kem is approved within _ days (thirty (30) days if left blank) after date of acceptance of thia Agreament (the “Financing Contingency Period”) without contingencies, required for closing, such as. | ‘ for commitment and survey shail run from the er! of the: five (5) day 1. ICT FHA: “tt 'o expressly aged thet, notwithstanding any other provisions of this Contract, the PURCHASER shall not be obligated to complate the purchase of the Property deecribed incur any penalty by forfedure of ore a ‘or otherwise unless tha PURCHASER hes SSSSSSKSBLSVASRRVSAE SSRN R REEL g Lj Page 10f8 AUWHRIO PALTV UUNIPLAINT Rev. 100106 exHigiy 4_| RECFIVED “ PAGE |__ OF ; NOV aor exuipit_9_ DRE REGION 3 c if Jacksonville PAGE__Y" _. FAX NO. :9a42828662 2” G6 2005 81:52PM PS 904-268-9985 b3 31 housing Commiasia $2 - ner, Ospartment of @ppraised value Proper Veteran Affai Di s privilege and option of of net less than § The PUR setting forth the the appraised with consummation of this Contract wan or CHASER shail have the valuation. nortgage ie 37 roperty : HASER should satiety himself warrant the value 53 2. rive it is expressly agreed that, . one reel that the price and condor of 59 i 4 notwithstanding . Shall not incur penalty by forfeiture of eamest money Och, oobe cc, of inte Agreement, the BUYER Fro usa aescr ned herein, ifthis Agreement purchase price or cote Complete the purchase BRSISSIRALSSIa i q i eet AHL Hit id iH it: | i 7 : _} ! § 73 3. LOSS OR DAMAGE: If the Property is damaged by any casualty prior to closing, and cost of restoration 74 does not exceed 3% of the purchase price of the Property, cost of restoration will be an obligation of 73 SELLER and closing will proceed pursuant to the terms of this Agreement with cost thereof escrowed at 16 closing. In the event the cost of repair or restoration exceeds 3% of the purchase price of the Property and vi] SELLER deciines to repair or restore, BUYER may either take the Property as is, together with eithar the ry said 3% or any insurance proceeds payable by virtue of such loss or damage, or temminaie this nD Agreement. 804. PRORATIONS: Ali taxes, rentals, condominium or homeawner’s association fees, and 82 the most recent information available to the closing attomney/seftiement agent using the gross tax amount 33 for tax prorations. Any proration based on an estimate shall be reprorated at the request of either party 84 upon receipt of the actual bill. 85 PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY UPON SELLER'S 86 CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE 37 OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO FURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. BUYER WILL PAY: (A) CLOSING COSTS: [/] Recording fees [/] Nate stamps 1/1 Intangible tax [,/] Credit report (3) 1 Mortgage transfer and assumption charges [ ] VA funding fee f/] Mortgage origination fee Mortgage insurance premium{ ] Closing attommey/eettiament fee [./) BUYER's Courier fees ‘Transaction/Professional service fee [ ] Mortgage discount [./].VWood-destroying organiam report L/ Appraisal fee | ] Survey £1 Tax service [7] Doc prep fee [7] Processing fee | ] Home warranty (/1 Simultaneous Title insurance poly [ ] Title search and exam fee [/] Tite insurance endorsements fy] Underwriting fee [./] Lender's flacd certification fees [ ] Other a i () All other changes required by lender or in Connection with the loan, uniess prohibited by law or regulation. (C) Condominium and homeowners association transfer and stabemant fees. (D) PREPAIDS: Prepaid hazard insurance, taxes, interest and mortgage insurance premiums required by the lender. 105 6. SELLER WILL PAY: 106 (A) CLOSING COSTS: [1 Deed stamps fy] Title insurance policy [/] Tite Owners 197 Cee a re nas wales foot | Unelerweiing SELLER’s Courier fees . [*) 108 Transaction/Professional service fee [| ] Underwriting fre f, n fees [Ly] Real 109 oe brokerage fee [ TMorgege saint a i eee wal ee Keaton of meres Page 2 of 8 Rev. 10/01/05 Pace__& oor _EXHIBIT_$ 4 mane OY a PERSSSRARVESSE Bee ~ FAX NO. :9a42828662 ; at: mid Ravin @6 2025 1:53PM P4 904-268-9685 SELLER, and BUYER will be entitled to the retum of the binder daposii(s). This wil but not be limled to, the transaction net closing because the Property does nol appraise for at least the purchase price or because SELLER elects not to pay for tha amourt in excess of the atnounts in paragraphs 3, 8d 1S (a ee TEND. Of Decmuse the zoning & ft ae pirating in any Higalion, S20 ores tas waneacton or rating thereto. Each wil be tenie for fax own coats and attorney's fees axcept for Iniarpleader’s stiomey’s foes and conte - which shall be payable 3 set forth in paragraph 2 {A}. ADMINISTRAHVE CO! PLAINT exHipit #) PAGE _ 2 OF _____—sxHIBIT_S PAGE___‘+t4 ny wv Ug, . dep Kevin . ZONING AND RESTRICTIONS: Uniess the Property is zoned _Residential used for Single Fami ® and can be legally FAX NO. :9a42g28662 36 2885 a1:54PM PS 904-268.g9865 3s (B) If ile evidence or agent will have five (3) 2, mveals any defects which render defects. SELLER Gays from receipt of tile commune ee a aUYER " &grees and survey a or closing ater ean 0) dae to co in whish cauanes © cure such defacts at SEs tae Of BUCH Ste and to BUYER of evidence that is transaction will be closed ware erent and . SURVEY: At least SAYS before our (five (5) days if left blank), SELLER will deliver to BUYER er Closing agent [7] A new staked the Property dated within three clesing showii all inprovernenis,cetied to BUYER, lender, andthe te inure. [1 Remy of 9 protoush eae survey Property showing all existing improvements. Ne i elevation certificate fs recui BUVERn rate } No survey is required. If a surveyor’s flood or fF there is notice of proposed Zoning changes or deed or other restrictions that could prevent such use at the time of closing, BUYER will hava the right to terminate this Agreement. SELLER warrants and represents that there is ingress and egress to and from the Property sufficient fer its current use, BUYER will have ten {10) days sfter the date of acceptance of this Agreement to verify the existing zoning and current proposed changes and deliver written notice of objections to SELLER or be deemed io have waived objections. . PROPERTY DISCLOSURE: SELLER does hereby represent that SELLER has legal authority and capacity t convey the Property, SELLER represents that SELLER has no knowledge of facts materially health unit. . Flood Zone: BUYER is advised to verify with the lender and appropriate gove j ON eee eer enoe ie required and what restichoes apply 10 mprovng the Propery and rebuilding in the event of casualty. (D) Other: BUYER should exercise due diligence with respect to information regarding neighborhood crimes, sexual offenders/predators and any other matters BUYER deems relevant to the purchase of the Property. ({E) Mold Disclosure: Mold is naturally occurring. The presence of mold in a home or building may cause health probleme and damage to the Property, [1 ff 4: biEction Addendum. Page 4 of 8 EXHIBIT # LOMO 10S . PAGE aa OF ey EEF pace 4% 231 FAX NO. :9@42828662 s 5 2085 81:55PM PE 904-268-9985 pé MAINTENANCE, inspEcTio; Until closing, axe, IN AND REP AR. A pt for SEL mrcoment BUYER and SELLER eer), O& and itl maintain the Property in its present cond regardless of qeevER 8°@ exempt from cost of i below or required by thig for in this Agreement mete tthe protease Seeman nd wil Be pa inspections and accepts the Regione within the time required, ions or other | soe BUYER to the Property in its °AS IS* condition. BUYER wan Ln ’S® the Fight to have the inspection condition, inspections and BUYER wil retuneeeee for repair of ai : Prope: pre- (A) Professional inepections: BUYER may. at BUYER: bed below by onal inspectors who inspected te determine if- {@) all major apptances; heating, cooling, echanical, electrical system ent GF any) are in working condition, exept NA ard Plumbing . Sind pool roof on the Palit recat te foot and pool (it any) sre structurally sound and waler Ugh, (the rod te tees hae a remaining économic fe of two (2) years or any period designed to operate. The Pro al Inspections are nek wee cover or note eonmene amet Es te Condition" ish thetic imperfections whict do hat fect the condition of the item, such 2s, but not limited to, mors, wom spots and discotoraiion of BUYER must, within fifeen (15) days after date of acceptance of this Agmement, deliver to SELLER written notice of any items which are not in the condition required and a copy of the inspector's written report, if any. @) Repair and. Replacement inspection: BUYER may, within three (3) days after receipt of SELLER’s written notice that repairs and replacements are complete, minspect the Property solely to verify that SELLER has made repairs and replacements required under this Agreement. No other repair or replacement issues may be raised as 3 result of the reinspection unless the issue was not visible during prior inspection(s). (3) Watk Through: Prior to closing BUYER may walk through the Property solely to verify that SELLER has maintained the Property in the condition required in this Agreement. No other issues tay be raised as a result of the walk through unless the Isaue"was not visible during prior inspestion(s). : (4) Access and Utiitiea: SELLER will make the Property available for inspections during the time provided in paragraph 15, and, if not, the time for inspections will be extended by the time access was denied. If utilities ara not active at the time the inspections or appraisal are to be made, SELLER will pay to have the utilities activated for these purposes. : ming be {iable for the performance by any provider of services or products recommended by Brokers. Such recommendations are made as a courtesy. BUYER and SELLER may select their own providers of services or products. : (6) BUYER's Responeibility: Repairs and replacements to the Property after closing or BUYER's possession, whichever occurs first, wil be BUYER's responsibility unless otherwise agreed in writing. | ADMINIST RATIVE COMPLAINT eee EXHIBIT # RewtOniuos eage 9 OF —__——— FH BIT_? mane FAX NO. :9842828662 a6 2085 81:56PM P? Bg s i Ht SSRRRRESSS BEVRRPERe BERNE EY 17. PERSONAL PROPERTY: Inchiied in the purchase price is all bxad equipment such as, but not Invited i, automate Bee rat che , al as now Wnetalled on tha Property, and these additional hema: as 320 x2 722 323 324 xs 326 327 328 329 330 331 332 333 334 338 336 337 338 ADMINIS KALiVE CUNMPUAINT EXHIBIT #L OO eyBIT_? PAGE Y OF pace 47 ww wy UID Kevin FAX NO. : 9042828662 : @6 2085 @1:57PM Ps eee pA $8 Nome speciticaly exctuded from thie Agreement: | | ! JSERRESESERERaREEREE SESSEEE i 4 g 3 S ¥ d 3 371 20. BUYER'S AND SELLERS NOTICES: BUYER and SELLER represent that they heve not entered ao bv 376 21. HOMECWNER'S ASSOGIATION DISCLOSURE: {f spplicable, see homeowners association dleclosurs 377 somary stiached herelo and incorporated herein by this reference. BUYER shall not sign this 379 22. ESGROW DISCLOSURE: BUYER and SELLER egme thet Broker may place excrow funds in an interest 380. bearing account pursuant to the Tules and requiations of the Ploriis Real Estate Commission and retain 381 any interest samed aa the cost associated with maintenance of said wecrow. 384 24. PAYOFF AUTHORIZATIONS SELLER horeby authorizes the closing attomeyfeetiioment agent to obtain 385 mortgage letters finckading trom forecioaure attomeys) and Homeowner's and Condominium Assocation status letiers on behalf of SELLER, Service 339 SEILER agroe to sign documents required to affact the exchange, provided the non-exchenging party shell 390 not incu any costs, fows or habéily 3 a ruautt of or in connection wih the exchange. Page 7083 Rev. 1001/05 ADMINISTRALIVE COMPLAINT exnigit #1 pace [oF __esanait_3 E : PAGE__1% FROM : " "FAX_ND. :9a42e2a662 ~~ 6 2085 81:57EM Pg FS wa ka — ee 904.268.9985 , ! | | om 0 white > SELLER, aud the fatenee wat be to Belting Geoher as tel cormidemtion of Geling Broke 2 ores on ot ite we - wh fee am Fest + Fi oer —eeeu0q_V70——V— a tae, Kevin Marmates, m Sathotend Lbanece ” “<— GND OF THIS AGRERMENT route ADMINISTRATIVE COMPLAIN EXHIBIT #. pace oF _evipiT_S PAGE ¥44_ 7 Rwtaoues Ul, Seem Sern PEPER *~ 8 LLNS NU.bbs os US. il I ii ' bi EY 8 mw ULM 6a 8 8 om, tet Shbore neg pe oemans, p> x ple. Qayen Gove yale a ——— <<. a —— ppd aw oa elle deeer gs 24 i ary enaiions) Wale depelid py ane aap or nee AaraaeT lane To Chorin Aaisenmptbentenemat Age fm a canigated ty Using Reahacls Yh tent etree Sew Paena toe ADMINISTRATIVE COMPLAINT. EXHIBIT # HIBIT_9 PAGE OF ane W6"d b9GLSTebaE #01 : 1Wou4 bT:@T 9a02-98-190 Uct 13 06 05:49p Kevin 904-268-9985 p.1 TRANSACTION BROKER NOTICE As a transaction broker Sellstate First Coast Realty Kevin Renwick {insert name of Real Estate Firm and its Associates), provides to you a limited form of representation that includes the following duties: t. Dealing honestly and fairly; mal 2. Accounting for ail funds; ae 3. Using skill, care, and diligence in the transaction; a 4. Disclosing all known facts that materially affect the vaiue of residential real property and are not readily observable to the buyer; 5. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing: 6. Limited confidentiality, unless waived in writing by a party. This limited confidentiality will prevent disclosure that the seller will accept a price less than the asking or listed price, that the buyer will pay a price greater than the price submitted in a written offer, of the motivation of any party for selling or buying property, that a seller or buyer will agree to financing ferms other than those offered, or of any other information requested by party to remain confidential: and, 7, Any additional duties that are entered into by this or by separate written agreement. . Limited representation means that a buyer or seller is not responsible for the acts of the licensee. Additionally, parties are Giving up their rights to the undivided loyalty of the licensee. This aspect of limited representation allows a licensee to facilitate a real estate transaction by assisting both the buyer and the seller, buta licensee will not work to represent one party to the detriment of the other party when acting as a transabtion broker to both parties. Jol lu)oy ’ + ck Date Date Ginnah wn REP / Date Signature of Licensee Revised 7/1/06 TBD NISTRATIVE COMPLAINT 11/08/2886 88:57 9049885964 PAGE 61 Ay: Sate alin - B- Pyh2 ee (uP. ae ao 1-188 im an oo ins fal att fae oa : Shuck. B Dot oe opt 1 Thon vie oS aie efi woh RATIOE (GUMELAINT E4GAIBIT. at ; PAGE ) OF EXHIBIT 7 PAGE__$5” 11/88/2886 8:57 9049985964 i ’ PAGE 62 STATEMENT OF CREDIT DENIAL, TERMINATION, OR CHANGE Applicants: | Redaifa v Francis 2400 Watermill Drive Orange Perk, FL 32073 Loan Amount: $ 105, interest Rate: cals %ETY Term: 3eo months 4. In compliance with Regulation ‘BR! (Equal Credit Opportunity Act), you are advised that your recent application c credit has deciined. for an extension or renewal of been fottowing reason(s). A CREDIT (C1 No Credit Fite Inaufficlent Credit Reference tnauflicient Credit Fite Unable to Verfy Credit References Ci. Garighment, Attachment, Forecioaure, Reposession or Suit Exoessive Obligations Insufficient income far Total Qbiigations Unacceptable Paymant Racord on Previous Mortgage [yi] sasch of Cash Resernes Delinquent Coadit Obligations Bankruptcy Jnfoenation From a Consumer Reporting Agency . B. EMPLOYMENT STATUS [2] Unable to Verity Emptoyment H Length of Employment Cc. INCOME ‘The decision to deny your application was based on the PD. RESIDENCY Temparary Residence Too Short a Period of Residence TO) Unabte to Verify Reskience E, INSURANCE, GUARANTY or PURCHASE [-} insumcient Data - Property Unacceptable Leasehold Estate OD We do not grant credit to any spplicant on the * terms and conditions you have requested. [C) Withdrawn by Applicant (7) insufficient income for Mortgage Payments oO Unable to Verify tacome 2. Disclosure of use of information obtained from an outside source. This section should be completed if the credit decision was based in whole or in part on information that has been obtained from an quiside source. a} Our credit decisfon was based in whois or in part on information obtained in a report from the consumer reporting agency listed Information contained in your credit file at the consumer renorting agency. The reporting agency played no part in our decteion-and ie unable to supply specific raasdne why we have Genied credit to you. You algo have a right to a free copy af your repart from the reporting agency, if you request it no ister than | Our credit decision was based in whole oF in part on information abtxinad from en sfliate oF from an ouside source chet Man a consumer reporting agency. Under the Fair Credi Reporting Act, you have the tight to mats a writen request, no fater than 60 days after you receive his notice, for diectoaure of the nature of this information. W you have any questions regarding this notice, you should contact: Prime Ptus Mortgage 4923 W. Cyprecs Street Suite B Tampa, FL 33007 904-384-2614 1 NOTICE 3. The Fedaral Equal Credit Opportunity Act prohibits creditora from discrimination against credit applicants on the basis of race, color, retigion, national origin, sex, marital statue, or age (provided the applicant has the. capacity to enter into a binding contract); because all of. part of the is income | from any public assistance program; or because the applicant has in good faith ; EAT Er ao toonmumer Credit vasaatee ee Vie ae . ee ee 11/88/2086 98:57 9849885954 PAGE 83 soememeenes Ta tre pete rma . 4, Should you have any additional information which might assist us in evaluating your creditworthiness, please let us know. Thank you for applying. ' §, This nofification is given by us on behalf of Prime Pius Mortgage _ 4923 W. Cypress Street Suite B Tampa, FL 33607 904-384-2014 Notice Mailed on 11/16/2006 By: Date Denied sis2008 : Calyx Form Sodtehp 9709 (Fo4 200-3854 Fe No. Francis,Rodolfo ADMINISTRATIVE COMPLAINT. i EXHIBIT # en PAGE 9 OF EXHIBIT . 7 _ PAGE__97 FROM : 7 O7/M0N 03:52 PM Pn Fax NO. :S@42828662 Nov. 15 2085 @1:48PM Pi RELEASE OF DEPOSIT AND CANCELLATION OF PURCHASE AND SALE AGREEMENT AND DEPOSIT RECEIPT SUGGESTED FOR USE BY MEMBERS OF THE REALTOR® NORTHEAST FLORIDA ASSOCIATION OF REALTORS®. Inc. REALTORG This Release is entered into between the undersigned Buyer(s) and Seller(s) who were certain Purchase and Sale Agreement and Deposit Receipt (“Agreement”) dated LOOL i lowi n s e to that : Z wy pore or In consideration of the mutual promises contained herein, and other geod and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Buyer(s) and Seller(s) hereby release each other and the below-named Brokers and their agents, employees and independemt contractors from any and all claims, actions, demands, Itabifities and charges whatsoever reiating to or arising from the Agreement or the negotiation thereof. Buyer(s) and Seller(s) intend that responsibilities, obligations and rights arising from the Agreement are by this Relaasa declared null and void and of no further effect and that the Agreement be cancelled when this Release has been signed by Buyer(s) and Seller(s). The escrow agent holding the deposit(s) under the terms of the Agreement Is hereby directed forthwith to disburse the deposit(s).in the wing manner: YA [3 $ooto $ 5 Buyer — Date Buyer Date Seller Date — Seller Dats —Keallg p AS -O Name of Listing Brokex (7 Date e LF; at oy [Miller 2-¢-97) Selling Date ROD Copyrighted by the Northeast Florida Association of REALTORS®, Inc. 44088 # This cancellahen is subject slo Beyer receimming # 4,000 Via cerhbied check oy money order Crom SeliState Firs Coast Realh}, ——_AWMINIST RATIVE COMPLAINT Bi fee DATE EXHIBIT 3 an ie a amePAee-___|_— OF — bate PAGE___$3 Aascarr mite Tonya Summersett ron: Tonya Summersett-Francis [tsummersett@hotmail.com] Sent: Monday, December 04, 2006 8:09 PM To: ‘krenwick@sellstate.com’ Subject: RE: Listing Report: Full Report OUR FAX #9@4-212-9553 weee Original Message----- From: krenwick@sellstate.com [mailto:krenwick@sellstate.com] Sent: Sunday, November 19, 2006 11:28 AM To: tsummersett@hotmail.com Subject: RE: Listing Report: Full Report No worries yet. a there was not_an exact date on the extension. It was verbal. noene Original Message ----- From: Tonya Summersett-Francis [mailto:tsummersett@hotmail.com] To: krenwick@sellstate.com Sent: Sun, 19 Nov 2606 99:21:39 -956e ject: RE: Listing Report: Full Report Do I need to get an attorney involved in this? Please let me know. Thanks, Tonya oo--- Original Message----- From: krenwick@sellstate.com [mailto:krenwick@sellstate.com] Sent: Saturday, November 18, 20@6 12:11 PM To: tsummersett@hotmail.com Subject: RE: Listing Report: Full Report My broker was out of town all week. He gets back today. I need to go over it with him because the seller's are trying to keep it. It is complicated. I will be talking with him Mon, © (ff [Es From: Tonya Summersett-Francis [mailto:tsummersett@hotmail.com] To: krenwick@sellstate.com Sent: Fri, 17 Nov 2006 93:44:54 -@5e0 Subject: RE: Listing Report: Full Report ee Please advise as to when we should expect our $10@@ binder back. / Thanks, : em eanste ry COMPLAINT ipit_® 1 EXHIBIT # ~ b * PAGE OF 2 From: NEFListinginfo@nefmls.com [mailto:NEFListinginfo@nefmls.com] On Behalf Of KEVIN RENWICK Sent: Wednesday, October 64, 2666 12:68 PM To: tsummersett@comcast .net Subject: Listing Report: Full Report Here are some in Mandarin. Follow this link to see the page: eb.net/cgi-bin/view. czi?20061004160736424638009R008id=1> to view listing(s) This link will no longer be available after 11/3/2006. Kevin Renwick SELLSTATE FIRST COAST REALTY 8535 BAYMEADOWS RD SUITE 1A JACKSONVILLE, FL 32256 Office Phone - (904) 631-7131 krenwick@selistate.com http://www. jacksonvilledreamweavers.com RA WE COMPL LAINT, Au Nipie EXHIBIT a PAGE 2 — 9F ————— ; EXHIBIT__® , PAGE___ 2 _ STEPHEN EDWARD SILKOWSKI Attorney at Law 550 Water Street, Suite 1313 Jacksonville, Florida 32202-5114 Tel. (904) 356-3255 Fax (904) 356-0161 SilkowskiLaw@bellsouth.net December 15, 2006 MR KEVIN RENWICK. SELLSTATE FIRST COAST REALTY 8535 BAYMEADOWS RD JACKSONVILLE FL 32256 Re: Mr. Rodolfo Francis, contract on 5042 N. Knightsbridge Cir., Orange Park Mr. Renwick; Mister Rodolfo Francis has asked me to write you concerning the above-referenced sales contract. You would recall that, as applicable here, your NEFAR-standard contract subpara. 1(A) Provides for the binder return, if the buyer does not obtain financing and then provides written notice to the seller. Enclosed please find a copy of Mr. Francis’ financing-denial letter that I understand was timely sent to the seller and you. Receiving the denial letter put the seller on notice that Mr. Francis could not obtain the requisite financing, and, accordingly, it acted to terminate the contract. Kindly forward Mr. Francis his binder. Sincerely, ia a o 7 f fee LOU os Stephen Edward Silkowski, Esq. by mail encl. cc: Mr. Francis ALUMINISTRATIVE COMPLAINT. EXHIBIT #__- PAGE {__ oF PAGE__6°

Docket for Case No: 10-001965PL