Академический Документы
Профессиональный Документы
Культура Документы
(Before a Referee)
Complainant,
Respondent.
_________________________/
REPORT OF REFEREE
proceedings as provided for by Rule 3-5.2(g) of the Rules Regulating The Florida Bar,
review of a consent judgment for discipline was undertaken. All of the pleadings,
notices, motions, orders, and exhibits are forwarded with this report and the foregoing
executed and served upon Respondent commanding her to appear before the Miami
Branch Staff Auditor of The Florida Bar (“Staff Auditor”) on September 16, 2008, at
10:00am at the Bar offices and produce at that time original bank statements, canceled
checks (front and back), check stubs, deposit slips, wire transfers, cashier’s checks
issued with supporting documentation, receipt and disbursement journals, client ledger
cards, HUD-1 Statements and balance sheets for all real estate transactions, closing
statements from any personal injury case, bank and client reconciliations from the
National Bank account #1403407244, and all trust accounts in which she had signatory
capacity and any other account in which the funds pertaining to clients were placed, for
the period of January 1, 2005, to the present. In addition, a subpoena was served upon
2
B. This request of audit was predicated upon the Bar’s notice from
Attorney’s Title Insurance Fund, Inc. (“The Fund”) that they had suspended
statements, canceled checks from the account identified as Maria T. Lopez, IOTA
Trust Account, maintained at City National Bank account #1403407244 and some
checks, deposit slips, wire transfers, receipt and disbursement journals, client ledger
cards, all HUD-1 Statements with the balance sheets and bank and client
reconciliations from the account identified as Maria T. Lopez, IOTA Trust Account,
that she did not have original records in her possession to provide because the originals
were taken by The Fund. Respondent also contends that she provided the copies in her
possession and requested a two (2) week extension to provide ledger cards (which was
granted) and provided the ledger cards within the extension deadline.
trust account opened November 7, 2007, maintained at City National Bank identified
3
E. Respondent also failed to disclose or provide any records from an
operating account identified as Maria T. Lopez P.A., maintained at City National Bank
contention that she provided records for the period of March, 2007, through October,
2008, for this account in or around May, 2009. During the period of December 1,
2007, to August 31, 2008, approximately $16,000,000.00 of client and/or third party
November 7, 2007, at the request of a client; however the account was never properly
and/or third party funds transferred from her other accounts identified above. From
paragraphs will detail some of these transactions which include failure to satisfy two
4
(2) mortgages and flipping (compound transactions which were conducted
simultaneously).
Statement reflects that the purchase price was $720,000.00; that Respondent was the
settlement agent; Christian Giannotti was the seller; and Mairet Corzo was the buyer.
transaction. Christian Giannotti and Mairet Corzo were the principals in a Florida
contention that she had no knowledge of the existing relationship between the parties
J. During the Staff Auditor’s review of the records, he found the following
1. The cash from borrower listed on line 303 of the HUD-1 Statement
was $24,904.60, however, those funds were never provided by the borrower. It is
Respondent’s contention that the funds were provided by seller to borrower as a loan
2. The cash to seller listed on line 603 of the HUD-1 Statement was
5
Giannotti, “the seller”, and $66,030.92 to Mairet Corzo, “the borrower”.
she was a broker with Preferred Mortgage, she also received approximately $6,000.00
more.
on the property in the amount of $320,000.00 from Capital Homes and Investments,
which filed a Lis Pendens on March 7, 2007. Capital Homes and Investments has not
Bankruptcy. Capital Homes and Investments has filed a claim with The Fund. It is
Respondent’s contention that this claim has recently been settled among the parties.
$73,412.06 before she let the property go into foreclosure. Respondent was the
Settlement Agent and again failed to satisfy the existing mortgage of Capital Homes.
From this transaction, Respondent contends that she received $6,346.62 in fees and
held $20,000.00 in her trust account in an effort to obtain a release of mortgage from
Giannotti. On or about August 21, 2007, those funds were paid to The Fund when she
6
disclosed the existence of said funds during a deposition.
Terrace, Miami, Fl 33187. The HUD-1 Statement reflects that Respondent was the
settlement agent; Irina Ball acted as purchaser; the seller was Max Gawley; the
settlement date was August 16, 2007; and the purchase price was $930,000.00.
with the same date, but this time Irina Ball acted as the seller of this same property to a
buyer identified as Roximar Duval. This HUD-1 Statement reflects that the sales price
was $1,275,000.00; the cash from borrower was $324,657.05 ; and the cash to seller
was $1,229,544.96.
contention that the borrower did not bring cash to the closing, but the funds were
provided by seller as a loan to borrower from seller’s sale proceeds. The real seller,
Max Gawley, received $797,282.05, Irina Ball received $38,780.86 and Respondent
contends that the $9,136.50 she received was for fees. It should be noted that the lender
P. The third transaction involved property located at 400 Alton Road #710,
Miami Beach, Fl 33139, and it is similar to the previous transactions. The HUD-1
Statement reflects that Respondent was the settlement agent; Irina Ball acted as the
7
purchaser; the seller was Adam Slone; the settlement date was October 15, 2007; the
purchase price was $880,000.00; and the cash to seller was $165,040.43.
dated October 26, 2007, in which Irina Ball acted as the seller for the same property to
a buyer identified as Juanita Nails. This HUD-1 Statement reflects that the sales price
was $1,050,000.00; the cash from borrower was $117,207.12; and the cash to seller
was $1,028,390.68.
contention that the borrower did not bring cash to the closing, but the funds were
provided by seller as a loan to borrower from seller’s sale proceeds. The seller, Adam
Slone, received $165,040.43; Irina Ball (through her corporation Pan American
Investment and Mortgage Corp.) received $38,780.86; and Respondent contends that
property located at 16485 Collins Avenue #1136 Sunny Isles Beach, Florida. The
HUD-1 Statement reflects that Respondent was the settlement agent; Cliff Johnson
acted as purchaser; the seller was Jessica Borer; the settlement date was August 29,
8
with the same date, but this time Cliff Johnson acted as the seller for the same property
to a buyer identified as Roximar Duval. This HUD-1 Statement reflects that the sales
price was $998,000.00; the cash from borrower was $82,686.42; and the cash to seller
was $128,618.92.
contention that the borrower did not bring cash to the closing, but the funds were
provided by seller as a loan to borrower from seller’s sale proceeds. The seller, Jessica
Borer had her existing mortgages satisfied, but did not receive anything further. It is
Respondent’s contention that Irina Ball (not listed in either of the two HUD-1
the $17,233.07 received by Respondent was for fees . It should be noted that the lender
V. As of this date, Respondent has not provided all the required bank account
records. Accordingly, The Florida Bar has not been able to complete a full audit. The
records received from the banks and The Fund provide clear and convincing evidence
that Respondent has comingled funds by placing client funds in her operating and
personal account(s); and she has also improperly disbursed client funds or funds
designated to pay off mortgages or other obligations to sellers and/or third parties. It is
9
disbursement authorizations signed by parties to these real estate transactions.
closings where Respondent was the settlement agent. In or around November, 2007,
representatives of The Fund went to Respondent’s office and advised her that she could
conduct no further closings on behalf of The Fund and that she was suspended as an
another agent of The Fund. Respondent failed to advise said agent of her suspension
from The Fund and did not advise The Fund that she was continuing to close
Y. Respondent admits that by reason of the foregoing facts she has violated
rule 3-4.3 of the Rules of Discipline, rule 4-8.4(c) of the Rules of Professional
Conduct, and rules 5-1.1 and 5-1.2 of the Rules Regulating Trust Accounts.
that Respondent be found guilty of violating all of the disciplinary rules set forth
10
above.
A. Permanent Disbarment.
Age: 33
11
Administrative costs
Rule 3-7.6(q)(1)(I) ….……………. $ 1,250.00
12
Invoice from City National Bank of
Florida for records……………………$ 1,673.50
TOTAL: $ 51,974.97
further recommended that execution issue with interest at the prevailing statutory rate
to accrue on all costs not paid within 30 days of entry of the Supreme Court's final
order.
___________________________________
HONORABLE MAYNARD A. GROSS
Referee
13