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Law Pro
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Category: Business Law
Satisfied Customers: 1682
Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
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I received a notice today from a state Department of Financial

Customer Question

I received a notice today from a state Department of Financial regulation, indicating that they were going to file claims against me and enforce refunds, fines and cease and desist of operating. This came out of no where. Last we spoke to them was February of 2011 and were under the impression all was well. At that point, I had money to offer refunds as well as defend myself, now, I am broke and in a very bad spot.

As with a laches ruling for injunctive relief from a suit against a business, is there any type of affirmative defense I can use against the attorneys since we went from being deposed Feb 11, to never hearing from them again until this morning when we were 'served'.
Submitted: 1 year ago.
Category: Business Law
Expert:  Legalease replied 1 year ago.

Hello there

-

Can you give me some more information regarding what the charges are for? What type of business that you have and are these income taxes? sales taxes?

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Can you tell me what type of court hearing this is -- a regular superior court hearing?

-

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MARY

Customer: replied 1 year ago.
Fines for not being licensed and collecting fees under the Florida mortgage brokers 494 statute. It's a civil case, but it's ha does differently. It's not a case like you'd see in Civil court, you deal directly with the Fl Department of Financial Services and are governed by their rules and law.

Had they filed suit when they were investigating us last time, I would have had much more resources to defend myself, now, I have none. This goes for everyone in the office, we are all mostly broke.
Expert:  Legalease replied 1 year ago.

Hello again Clyde -

-

They are permitted to pursue those parties that they believe owe monies or are assessed these monies during the entire statutory period of limitations for collection that they are granted by the FL state legislature and using traditional defenses such as laches (they waited too long) do not work against state and federal claims against the business - but I am going to opt out and put this question back onto the board so that a FL attorney can confirm this for you.

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MARY

Customer: replied 1 year ago.


Thanks.


 


To clarify further for the next person. This isn't a criminal case. I was served an Administrative Complaint by the Florida Department of Finance. They investigated us for 8 months from June 2010 to February 2011, then disappeared. I left the company and haven't ben there in 18 months. I got 'served' yesterday. I am broke. During the investigation, I had more than enough funds to hire a lawyer, now, the last of my cash, if I used it for an attorney, would leave me with nothing.


 


I realize my mention of laches only applies typically to fiscal damages in something like an IP case and I doubt statute of limitations doesn't apply because my old partner kept taking new clients up through last month and I did not know.


 


The complaint claims that we were not licensed under 494 statute (governing mortgage brokers) and could not collect an up front fee. We weren't doing loan mods, but essentially, that's the claim. We fought them, disputed all their claims, they let us go. I feel like this is a witch hunt 18 months after the fact. No evidence they collected recently has any bearing on what they already knew.

Expert:  Wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. It seems the Professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy
Customer: replied 1 year ago.
I can continue to wait, no problem.
Expert:  Wendy-Mod replied 1 year ago.
Thank you for your patience. We will continue the search for a Professional for you.

Regards,
Wendy
Expert:  Fran-mod replied 1 year ago.
Thank you for your patience, your business is very important to us, we are waiting on the Professional with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a Professional or if you would like us to close your question. Thank you for your understanding!
Expert:  MDLaw replied 1 year ago.
I see that your previous expert opted out. It's unclear as to what legal information you are seeking. Please clarify what your legal question is, keeping in mind that we cannot give you legal advice.

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