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OFFICE OF FINANCIAL REGULATION vs TOSHIA PARRISH, F/K/A TOSHIA GLOVER, 21-000669PL (2021)

Court: Division of Administrative Hearings, Florida Number: 21-000669PL Visitors: 8
Petitioner: OFFICE OF FINANCIAL REGULATION
Respondent: TOSHIA PARRISH, F/K/A TOSHIA GLOVER
Judges: G. W. CHISENHALL
Agency: Office of Financial Regulation
Locations: Tallahassee, Florida
Filed: Feb. 18, 2021
Status: Set for Hearing by Zoom Conference.
Latest Update: Jun. 07, 2024
Summary: Whether the loan originator license issued to Respondent should be: annulled because it was issued by mistake; or (b) revoked because Respondent failed to disclose adverse credit history and a prior name under which she had held a mortgage broker license that had been revoked. A separate issue concerns whether Respondent should be fined; and if so, how much.1Petitioner proved by clear and convincing evidence that there were grounds for revoking and/or annulling Respondent's license.
STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION IN RE: TOSHIA PARRISH, formerly known as Administrative Proceeding TOSHIA GLOVER, Docket Number: 103032 Respondent. ADMINISTRATIVE COMPLAINT The State of Florida, Office of Financial Regulation (“Office”), files this Administrative Complaint against TOSHIA PARRISH, formerly known as TOSHIA GLOVER (“PARRISH”), and alleges: GENERAL ALLEGATIONS 1. Pursuant to sections 494.0011 and 494.0012, Florida Statutes, the Office is charged with administering and enforcing the provisions of chapter 494, Florida Statutes, conducting examinations, and investigations to determine whether any provision of chapter 494, Florida Statutes, has been violated, and issuing licenses to persons not ineligible. 2. Pursuant to section 494.003 12(4), Florida Statutes, the Office shall issue a license to a loan originator applicant if the applicant meets the requirements of chapter 494, Florida Statutes, and is not otherwise ineligible. 3. Pursuant to section 494.00312(5), Florida Statutes, a person who had a loan originator license or its equivalent revoked is not eligible to be licensed as a loan originator. 4. Pursuant to section 494.0025(5), Florida Statutes, it is illegal to knowingly and willfully falsify or conceal a material fact or make any false or fraudulent statement or representation knowing the same to contain any false or fraudulent statement or entry. 5. Pursuant to section 494.00255(1), Florida Statutes, failure to comply with any provision of section 494.00255(1)(a) through (y), Florida Statutes, and as provided by section 494.00255(1)(u), Florida Statutes, any rule or order adopted pursuant thereto, is grounds for disciplinary action. 6. Pursuant to section 494.00312(6), Florida Statutes, the Office may annul a license that has been issued by mistake. 7. Pursuant to section 494.00255(2)(c), Florida Statutes, the Office may revoke a license for violations of section 494.00255, Florida Statutes. 8. Application for a loan originator license is initiated by, among other requirements, submitting a form, MU4, to the National Mortgage Licensing System (“NMLS”) as required by the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (“SAFE Act”), codified at 12 U.S.C. sections 5101 through 5117. Section 494.001 1(2)(b), Florida Statutes, Rule 69V-40.003, Florida Administrative Code. 9. On September 6, 2020, Parrish initially applied to the Office for a loan originator license, deemed received on September 18, 2020. 10. Based on information provided by Parrish in the application, Form MU4, the Office licensed Parrish as a loan originator, license number LO74704. A copy of Parrish’ MU4 is attached as Exhibit I. 11. The application form MU4 requires providing information to which the applicant must respond and attest to the truth and completeness of the information provided. The information includes all names by which the applicant has been known, and whether any federal or state mortgage licensing authority ever revoked a loan originator license held by the applicant. 12. A material misstatement or omission of fact on an initial or renewal license application is grounds for to take the disciplinary actions specified in section 494.00255(2) against a person licensed or required to be licensed under part II or part III of chapter 494, Florida Statutes. Section 494.00255(1)(s), Florida Statutes. 13. Parrish formerly held a mortgage broker license issued by the Office under prior law. That license (#4MB0822297) was issued to her in the name of Toshia Glover. 14. The term “Loan originator” is defined to mean “an individual who, directly or indirectly, solicits or offers to solicit a mortgage loan, accepts or offers to accept an application for a mortgage loan, negotiates or offers to negotiate the terms or conditions of a new or existing mortgage loan on behalf of a borrower or lender, or negotiates or offers to negotiate the sale of an existing mortgage loan to a noninstitutional investor for compensation or gain. The term includes an individual who is required to be licensed as a loan originator under the S.A.F.E. Mortgage Licensing Act of 2008. The term does not include an employee of a mortgage broker or mortgage lender whose duties are limited to physically handling a completed application form or transmitting a completed application form to a lender on behalf of a prospective borrower.” Section 494.001(18), Florida Statutes. 15. Under former licensing law in Florida, the equivalent license to the loan originator license was the mortgage broker license. That law provided that to "[a]ct as a mortgage broker" means, for compensation or gain, or in the expectation of compensation or gain, either directly or indirectly, accepting or offering to accept an application for a mortgage loan, soliciting or offering to solicit a mortgage loan on behalf of a borrower, or negotiating or offering to negotiate the terms or conditions of a mortgage loan on behalf of a lender. 1991 Fla. SB 1890, Pt. I, Sec. 1(2) 16. By Final Order, the Office revoked Parrish’ mortgage broker license. OFR 2009- 188. Exhibit II 17. That license (#MB0822297) was issued to her in the name of Toshia Glover. In her September 2020 application, Parrish failed to disclose the name by which she was formerly known, Toshia Glover. As a result, the Office did not identify Toshia Parrish as Toshia Glover, and that, as Toshia Glover, she had a mortgage broker license previously revoked in Florida. Exhibit I 18. Therefore, the Office seeks to annul Loan Originator license no. 74704, as it was issued by mistake. 19. Alternatively, the Office seeks to revoke Loan Originator license no. 74704, for material misstatements and omissions in the application, MU4, by Respondent, and impose an administrative fine of $3,500. 20. A first-time violation of section 494.00255(1)(s), Florida Statutes, for a material misstatement or omission of fact is an “A level” fine, and “‘A level” suspension, or revocation of license. Form OFR-494-14, violation #35. WHEREFORE, Respondent is hereby notified that the Office intends to enter an Order ANNULLING Parrish’s loan originator license, LO74704, OR alternatively, REVOKING LO74704 and imposing an administrative fine of $3,500 against Parrish. NOTICE OF RIGHTS The licensee is entitled to be represented by counsel or other qualified representative. The licensee also has the right to request a hearing pursuant to sections 120.569 and 120.57, Florida Statutes. Such request must comply with Rules 28-106.2015 and 28-106.104, Florida Administrative Code. An Election of Proceeding form is attached for your convenience. Any such request must be filed as follows: By Mail or Fax OR By Hand Delivery Agency Clerk Agency Clerk Office of Financial Regulation Office of Financial Regulation P.O. Box 8050 General Counsel’s Office Tallahassee, FL 32314-8050 The Fletcher Building, Suite 118 Phone: (850) 410-9889 101 East Gaines Street Email: agency.clerk@flofr Tallahassee, FL 32399-0379 Phone: (850) 410-9889 TO PRESERVE THE RIGHT TO A HEARING, A WRITTEN RESPONSE MUST BE FILED WITH THE OFFICE OF FINANCIAL REGULATION WITHIN TWENTY-ONE (21) DAYS AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. SAID RESPONSE MUST BE RECEIVED BY THE OFFICE NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. A FAILURE TO TIMELY RESPOND IN WRITING WILL CONSTITUTE A WAIVER OF THE LICENSEE’S RIGHT TO REQUEST A HEARING AND A FINAL ORDER MAY BE ENTERED WITHOUT FURTHER NOTICE. You may not make an oral request for an administrative hearing. With regard to a written request, if you fail to follow the outlined procedure, your request may be dismissed. Any request for an administrative proceeding received prior to the date of this notice is deemed abandoned and to be considered, must be timely renewed in compliance with the procedure set forth above. Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. DATED and SIGNED this 4TH day of January 2021. Florida Office of Financial Regulation By: /s/ Scott R. Fransen Scott R. Fransen Assistant General Counsel Office of Financial Regulation Fla. Bar No. 994571 1313 N. Tampa St., Ste. 615 Tampa, FL 33602 NOTICE TO RESPONDENTS In accordance with the Americans with Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact the Agency Clerk no later than seven (7) days prior to the filing deadline or proceeding, at the Office of Financial Regulation, The Fletcher Building, Suite 118, 101 East Gaines Street, Tallahassee, Florida 32399-0379, Phone: (850) 410-9889, or by Email: agency.clerk1st United98 1 13flofr.com. Case No: 103032 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION Toshia Parrish, f/k/a Toshia Glover 1065 Bagwell Dr., NW, Kennesaw, GA 30152 ELECTION OF PROCEEDING | have received and read the Administrative Complaint, including the Notice of Rights, filed by the Office of Financial Regulation (“Office”) regarding the above-referenced Respondent, and | am requesting disposition as indicated below. PLEASE SELECT ONLY ONE OF THE OPTIONS: OPTION #1: LJ and conclusions o to a hearing, the | do not request a hearing in this matter. | do not dispute any of the Office’s factual allegations f law as stated in the Administrative Complaint. | understand that upon my waiving the right Office may enter a final order adopting the findings of fact and conclusions of law in the Administrative Complaint, and imposing the penalties sought in the Administrative Complaint. OPTION #2: LJ law to those factu 120.57(2), Florida a U Office; OR b. UU | do not dispute any of the Office’s factual allegations but dispute the Office’s conclusions of al allegations, and request disposition of this matter by informal hearing pursuant to section Statutes. | request to (CHECK ONLY ONE OF THE FOLLOWING 3 OPTIONS): Attend a hearing by telephone conference call before a Hearing Officer appointed by the Attend a hearing in person with a Hearing Officer appointed by the Office; OR .e U by the Office. option #3: Submit a written statement with supporting documentation to a Hearing Officer appointed | do dispute one or more of the Office’s factual allegations. | request a formal hearing in person before the Division of Administrative Hearings (DOAH) pursuant to section 120.57(1), Florida Statutes. In accordance with Rule 28-106.2015(5)(c), FAC, | am attaching a copy of the material facts that | dispute. If you selected Option C1 1am interested in TO PRESERVE YOUR #2 or #3, above, and wish to engage in settlement negotiation, please check the box below: settlement negotiation. | request the Office to NOT refer my case for a hearing at this time. RIGHT TO A HEARING, A RESPONSE MUST BE FILED WITH THE OFFICE OF FINANCIAL REGULATION AGENCY CLERK NO LATER THAN 5:00 P.M. ON OR BEFORE THE TWENTY-FIRST DAY AFTER RECEIPT OF THE ADMINISTRAT IVE COMPLAINT, BY ANY OF THE FOLLOWING METHODS: 1. By email: Agency.Clerk@flofr.com; or 2. By U.S. Mail: P.O. Box 8050, Tallahassee, Florida 32314-8050; or 3. By hand delivery: General Counsel’s Office, Fletcher Bldg., 101 E. Gaines Street, Tallahassee, FL 32399. Signature of Responde nt or Mailing Address Authorized Representative of Respondent Printed Name & Title City State Zip Date E-ma' Date Administrative Complaint was received: il Address Telephone Number Fax Number Election of Proceeding Page 1 of 2 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION Case No: 103032 Toshia Parrish, f/k/a Toshia Glover 1065 Bagwell Dr., NW, Kennesaw, GA 30152 **YOU ARE TO COMPLETE THE FOLLOWING ONLY IF YOU HAVE CHECKED OPTION #3 ON THE PRECEDING PAGE. If you need more space, you may provide additional pages. As Respondent or the authorized representative of Respondent, | am disputing the following material facts: Signature of Respondent or Authorized Representative Date Election of Proceeding Page 2 of 2

Docket for Case No: 21-000669PL
Issue Date Proceedings
Oct. 06, 2021 Notice of Withdrawing OFR Exhibit 6 from Consideration filed.
Sep. 29, 2021 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Sep. 24, 2021 Notice of Filing Transcript.
Sep. 24, 2021 Transcript (not available for viewing) filed.
Sep. 16, 2021 CASE STATUS: Hearing Held.
Sep. 14, 2021 Petitioner's Renewed Motion in Limine filed.
Sep. 14, 2021 Petitioner's Second Motion in Limine filed.
Sep. 14, 2021 Respondent's Motion to Stay Proceeding Pending Ruling by OFR on Respondent's Petition to Set aside (Vacate) Default Final Order; Alternatively, Motion to include Findings in Recommended Order filed.
Sep. 14, 2021 Joint Prehearing Stipulation filed.
Sep. 14, 2021 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Sep. 14, 2021 Order Granting Extension of Time.
Sep. 13, 2021 Notice of Filing Proposed Exhibits, Exhibit List and Witness List filed.
Sep. 13, 2021 Stipulated Motion for Brief Extension to Monday. Sept. 13th, to File Prehearing Stipulation filed.
Sep. 13, 2021 Respondent Parrish's Second Amended Exhibit List and Notice of Filing Exhibit List and Service by Mail of Exhibits to ALJ Chisenhall per the Prehearing Instructions filed.
Sep. 09, 2021 CASE STATUS: Status Conference Held.
Sep. 09, 2021 Amended Notice of Telephonic Status Conference (status conference set for September 9, 2021; 11:00 a.m., Eastern Time).
Sep. 08, 2021 Notice of Telephonic Status Conference (status conference set for September 9, 2021; 10:00 a.m., Eastern Time).
Sep. 07, 2021 Respondent Parrish's Amended Exhibit List filed.
Sep. 03, 2021 Respondent Parrish's Exhibit List filed.
Sep. 03, 2021 Respondent's Witness List filed.
Aug. 31, 2021 Notice of Filing Responses to Respondent's Fourth Request for Production filed.
Aug. 17, 2021 Respondent's Notice of Filing Respondents' Motion to Set Aside/Vacate OFR's Default Final Order docketed April 22, 2009 filed.
Aug. 05, 2021 Notice of Filing Response to Respondent's Third Request for Production filed.
Jul. 29, 2021 Respondent's Fourth Request for Production filed.
Jul. 26, 2021 Amended (Corrected) Notice of Taking Corporate Deposition filed.
Jul. 26, 2021 Amended Notice of Taking Corporate Deposition filed.
Jul. 23, 2021 Respondent's Amended Third Request to Produce filed.
Jul. 19, 2021 Amended Petition for Formal Hearing filed.
Jul. 16, 2021 Order Rescheduling Hearing by Zoom Conference (hearing set for September 16 and 17, 2021; 9:00 a.m., Eastern Time).
Jul. 15, 2021 Notice of Filing Responses to Respondent's Third Request for Admissions filed.
Jul. 15, 2021 Motion to Continue Hearing filed.
Jul. 15, 2021 Respondent's Third Request for Production filed.
Jul. 09, 2021 Order Denying Respondent's "Motion To Deem Third Request For Admissions As Admitted".
Jul. 09, 2021 Respondent?s Composite Exhibit ?1? To Response to Order to Show Cause filed.
Jul. 08, 2021 (Respondents) Response to Order to Show Cause filed.
Jul. 07, 2021 Order Denying Petitioner's Motion In Limine Without Prejudice.
Jul. 07, 2021 Order Granting Motion For Leave to Amend Administrative Complaint.
Jul. 07, 2021 Notice Pertaining To Petitioner's Motion For Protective Order.
Jul. 07, 2021 CASE STATUS: Motion Hearing Held.
Jul. 06, 2021 Notice of Telephonic Motion Hearing (motion hearing set for July 7, 2021; 10:00 a.m., Eastern Time).
Jul. 02, 2021 Respondent's Response in Opposition to Petitioner's Motion for Leave to Amend Administrative Complaint filed.
Jul. 02, 2021 Respondent's Response to Petitioner's Motion in Limine filed.
Jul. 02, 2021 Order to Show Cause.
Jul. 02, 2021 Response in Opposition to Respondent's Motion to Deem Matters Admitted and Objection to the 3rd Request for Admissions filed.
Jul. 01, 2021 Order Denying, In Part, Petitiioner's Motion for Protective Order.
Jun. 30, 2021 Petitioner's Motion for Protective Order filed.
Jun. 28, 2021 Respondent's Motion to Deem Third Request for Admissions as Admitted filed.
Jun. 25, 2021 Respondent's Second Request for Admissions (w Redacted Exhibit 1) filed.
Jun. 25, 2021 Motion for Leave to Amend Administrative Complaint filed.
Jun. 25, 2021 Petitioner's Motion in Limine filed.
Jun. 25, 2021 Notice of Taking Corporate Deposition (of OFR) filed.
Jun. 15, 2021 Notice of Substitution of Counsel (Joaquin Alvarez) filed.
Jun. 03, 2021 Notice of Unavailability filed.
May 26, 2021 Respondent's Third Request for Admissions filed.
May 25, 2021 Respondent's Notice of Withdrawal of Respondent's Motion to Deem Requests for Admission as Admitted filed.
May 25, 2021 Respondent's Motion to Deem Requests for Admissions as Admitted filed.
Apr. 19, 2021 Notice of Hearing by Zoom Conference (hearing set for July 29 and 30, 2021; 9:00 a.m., Eastern Time).
Apr. 16, 2021 Joint Response to Order Granting Continuance filed.
Apr. 13, 2021 Order Granting Continuance (parties to advise status by April 16, 2021).
Apr. 12, 2021 Stipulated Motion to Continue Final Hearing filed.
Apr. 05, 2021 Respondent's Second Request for Admissions filed.
Apr. 05, 2021 Respondent's Second Request for Production filed.
Mar. 03, 2021 Notice of Filing Exhibits filed.
Mar. 01, 2021 Order of Pre-hearing Instructions.
Mar. 01, 2021 Notice of Hearing by Zoom Conference (hearing set for April 27 and 28, 2021; 9:00 a.m., Eastern Time).
Feb. 24, 2021 Joint Response to Initial Order filed.
Feb. 23, 2021 Respondent's Notice of Service of First Interrogatories to Petitioner, Florida Office of Financial Regulation filed.
Feb. 19, 2021 Respondent's First Request for Production filed.
Feb. 19, 2021 Respondent Toshia Parrish's First Request for Admissions filed.
Feb. 18, 2021 Initial Order.
Feb. 18, 2021 Petition for Formal Hearing filed.
Feb. 18, 2021 Administrative Complaint filed.
Feb. 18, 2021 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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