Administrative Complaint Against Norman Quintero
Administrative Complaint Against Norman Quintero
Administrative Complaint Against Norman Quintero
Respondents.
______________________________1
STATE OF FLORIDA)
County of Palm Beach)
BEFORE ME, this day, personally appeared Sedric Johnson who being duly sworn,
I, Sedric Johnson, Area Financial Manager with the State of Florida, Office of Financial Regulation,
Finance Division, hereby certify that on the 3,d day of January 2012 at 9:30a.m., I served one (1) copy
of the Administrative Complaint and Notice of Rights, Administrative Proceeding Case No. 3226a-F-
411 0, upon the person of Delia Quintero, at the address of 6824 Sparrow Hawk Drive, West Palm
The forgoing was acknowledged before me this 3rd day of January 2 2 by Sedric Johnson,
who is personally known and who did (did not) take an oath.
NOTARY PUBLIC
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My Commission Expires: .~'
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EXP IRES: Augusl 26, 2014
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STATE OF FLORIDA
OFFICE OF FINANCIAL REGULATION
Respondents.
Respondents Quality Florida Group, Corp. ("QFG") and Norman A. Quintero, Sr.
("Quintero"), hereinafter collectively referred to as "Respondents", are hereby given notice that
twenty· one (21) days after the receipt of this Administrative Complaint and Notice of Rights, the
State of Florida, Office of Financial Regulation (hereinafter "Office"), intends to issue a Final
Order against the Respondents imposing one or more of the sanctions authorized by the Florida
Loan Originators and Mortgage Brokers Act, Parts I-III, Chapter 494, Florida Statutes. Such
sanctions may include, without limitation, the imposition of fines, the revocation of licenses,
1. Pursuant to Section 20.121, Florida Statutes, the Office is the state agency
authorized and charged with the administration and enforcement of Chapter 494, Florida
2. QFG is a Florida corporation with its principal office located at 5390 Hof'fuer
state of Florida.
4. At all times material hereto, Norman A. Quintero, Sr. ("Quintero") has been the
5. Quintero resides at 6824 Sparrow Hawk Drive, West Palm Beach, Florida.
Loan Modifications
Respondents solicited, charged, and received payments for loan modification services before
completing or performing all services included in the agreement for loan modification services.
9. Respondents used an agreement for loan modifications that did not contain,
"immediately above the signature line ... a statement... which substantially complies with the
following:
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YOU MAY CANCEL THIS AGREEMENT FOR LOAN MODIFICATION SERVICES
WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS DAYS AFTER THE
DATE THIS AGREEMENT IS SIGNED BY YOU.
Subpoenas
12. On February 4,2011, the Office issued subpoena duces tecum #2011-004 to QFG.
13. The subpoena duces tecum required production of bank account information,
accounting records for appraisal fees, and copies of appraisals and invoices.
14. The documents were due to the Office no later than February 16, 2011.
16. On February 4,2011, the Office also issued subpoena duces tecum #2011-005 to
Quintero.
18. The documents were due to the Office no later than February 16, 2011.
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20. On September l3, 2011, the Office issued subpoena duces tecum #2011-027 to
QFG.
21. The subpoena duces 'tecwn required production for copying and inspection of all
appraisal reports performed by QFG, or by a third party at QFG's request, from July 1, 2011
21. The due date for compliance with the subpoena duces tecwn was on or before
September 27,2011.
23. On October 27,2011, the Office's examiners visited QFG and requested access to
QFG's Mortgage Brokerage and Lending Loan Journal ("loan journal") from January 6, 2011
through the present and copies of all of QFG's bank account statements for July, August, and
September 2011.
- 24.
25.
As a licensee, QFG is required to maintain the loan journal.
Quintero denied the Office's examiners access to QFG's books and records.
26. The Office's examiners served QFG with OFR Subpoena Duces Tecwn #2011-
CONCLUSIONS OF LAW
Based on the foregoing Statement of Facts, the Office concludes as a matter oflaw each
of the following:
(2) If the office finds a person in violation of any act specified in this section, it may enter
an order imposing one or more of the following penalties:
(a) Issuance of a reprimand.
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(b) Suspension of a license, subject to reinstatement upon satisfying all reasonable
conditions imposed by the office.
(c) Revocation of a license.
(d) Denial of a license.
(e) Imposition of a fine in an amount up to $25,000 for each count or separate
offense.
28. For activities after October 1,2010, Section 494.0014, Fla. Stat., states:
(l) The office may issue and serve upon any person an order to cease and desist and to
take corrective action if it has reason to believe the person is violating, has violated, or is
about to violate any provision of ss. 494.001-494.0077, any rule or order issued under ss.
494.001-494.0077, or any written agreement between the person and the office. All
procedural matters relating to issuance and enforcement of such order are govemed by
the Administrative Procedures Act.
(2) The office may order the refund of any fee directly or indirectly assessed and charged
on a mortgage loan transaction which is unauthorized or exceeds the maximum fee
specifically authorized in ss. 494.001-494.0077.
(c) Solicit, charge, receive, or attempt to collect or secure payment, directly or indirectly, for loan
modification services before completing or performing all services included in the agreement for
loan modification services. A fee may be charged only if the loan modification results in a
material benefit to the borrower. The commission may adopt rules to provide guidance on what
constitutes a material benefit to the borrower.
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payments made must be returned to the borrower within 10 business days after receipt of the
notice of cancellation.
(c) An agreement for loan modification services must contain, immediately above the signature
line, a statement in at least 12-point uppercase type which substantially complies with the
following:
(d) The inclusion of the statement does not prohibit a loan originator, mortgage broker, or
mortgage lender from giving the homeowner more time to cancel the agreement than is set forth
in the statement if all other requirements of this subsection are met.
e) The person offering or providing the loan modification services must give the borrower a copy
of the signed agreement within 3 hours after the borrower signs the agreement.
(I) Each of the following acts constitutes a ground for which the disciplinary actions
specified in subsection (2) may be taken against a person licensed or required to be
licensed under part II or part III of this chapter:
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31. As set forth above, Respondents refused to comply with the Office's subpoenas
duces tecum and refused to permit an examination of QFG's books and records, in violation of
basis to order the Respondents to cease and desist further violations of Chapter 494, Florida
PROVIDED that the Office of Financial Regulation will enter a Final Order in this matter
pursuant to this part, the imposition of fines, and/or the entry of a Cease and Desist Order against
NOTICE OF RIGHTS
You may request a hearing to be conducted in accordance with the provisions of Sections
120.569 and 120.57, Florida Statutes. A request for such a hearing must comply with the
provisions of Rule 28-106.104(2), Florida Administrative Code, and Rule 28-106.2015, Florida
Administrative Code, and must be filed with the Agency Clerk as follows:
By Mail or Facsimile OR By Hand Delivery
Your request must be filed within 21 days of the date of receipt of this Notice.
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YOUR FAILURE TO RESPOND TO THIS NOTICE WITHIN 21 DAYS OF
RECEIPT WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A
HEARING AND A FINAL ORDER MAY BE ENTERED WITHOUT FURTHER
NOTICE.
In the event that a hearing is requested, all parties will have the right to be represented by
counselor other qualified representative; to offer written and oral testimony; to call and cross-
examine witnesses; and to have subpoenas and subpoenas duces tecum issued on your behalf.
Pursuant to Section 120.573, Florida Statutes, you are advised that mediation of this matter is not
available.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative
Complaint was served by hand delivery to Norman A. Quintero, Sr., at 6824 Sparrow Hawk
~ K~A K.BAUER
Fla. ar No. 010488
TOBIC. PAM
Fla. Bar. No. 745782
Counsel for the Petitioner
Office of Financial Regulation
200 E. Gaines Street
The Fletcher Building, Suite 550
Tallahassee, FL 32399-0376
(850) 410-9887 Telephone
(850) 410-9914 Facsimile