HomeMy WebLinkAbout05- Public Comment Alvarez & Associates O U
Record at /A 9
TIME LINE OF EV=` v0evcrosMtg:
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Address: 119 E. 9� Street, San Bernardino, CX
F.
City Purchased From HUD: 10/4/96 City ClerkICDC Secy
City of San Bernardinu
City Transferred Title to Alvarez: 10/4/96
Note: Property purchased with no fire damage. Developer started rehabing
project when prospective buyer showed interest.. Once prospect canceled the
project was boarded and Alvarez focused their attention on sold projects that
needed rehab. The project was hard to sell due to the liquor store and pay
phones next door. When prospective home buyers were shown the property,
drug dealers and prostitutes were on the pay phones. There should be records
of the telephone complaints..
Oct. 1997-House was set on fire..Alvarez had called PD several times to
remove homeless people trespassing (Example:Marisela called to remove
squatters 9/12/97..notes in file PD did not show up)
ALVAREZ NOT INSURED..Califomia Security Mortgage (lender) had forced
placed insurance (Castlewood Insurance -Lender receives $35,653 as principal
reduction -Outstanding balance remained of approx. $50,000 withCalifomia
Security Mortgage)
03/18/98 - Buyer reserves property (Jose Maldonado) @$92,000
03 26 98 - House appraised for Refi w/Kristine Ryan of Redlands Federal Bank
(Value after rehab set as: $85,000)
04/06/98 -REDFED lends $68,000 (Pays off California Security Mtg. + liens
+ back taxes etc.)
Plans submitted to Building and Safety Department to continue rehab of project
�# S
6126198- Glen Follett#(909) 795-1468 - Paid for drafting service (plans for
remodel) on 119 E. 911 & 659 W. 11' (Plans were submitted to City of San
Bernardino Planning Department for approval)
Note: WHY WOULD WE DO THIS IF WE WERE GOING TO BURN
HOUSES DOWN???
Z Fire 7123/98 -Alvarez does routine drive by inspections and views house
burned down- Alvarez calls fire department and California Fair Plan (CFP) of
fire (Marisela talked to Yolanda @ CA Fair Plan)
- CA Fair Plan assigns The Butler Company /Mr. Pat Butler (adjuster) to
claim (909) 792-6175 (file #980399 PB)
$L-Fire occurs on 659 W. 11I St. (Property already had fire damage prior to
City's acquisition from HUD)
8/98- Jaime Alvarez requests thorough fire investigation since two ARR homes
burnt with one week of each other. Alvarez worried ARR Homes target for
arson..
&2-8- Maldonado Buyers -cancel on 91' and purchase 460 W. 16`h St.
Escrow closed 10/28/98
8/98- The Butler Company orders appraisal form California Market Values
Alvarez requests to have a separate appraisal done as well.
10/9/98- Investigator Whitaker (Fire Dept) and Robert Cuellar (Fire Dept) go
to CTX Mortgage and have a(2) hour tape recorded conversation with Abimael
Ruz (loan Officer) regarding loan transactions that involve Alvarez. They
mention Rosanne Glennon's name. "How could you commit fraud with
Alvarez being a pastor"? Abimael denies allegations of fraud.
10/15L98 The San Bernardino Police Department and the San Bernardino Fire
Department raid files at two Escrow Companies that transact with Alvarez.
Sandy Sanchez at Universal Title DBA Valley Escrow informs Alvarez that all
open and closed files were confiscated by investigators from Police Department
and Fire Department. The investigator from the Police Department was Ramon
Rocha and investigator from the Fire Department was Robert Cuellar.
Comments are made to Sandy Sanchez "Does Alvarez pay your paycheck too"?
Sandy asks "What is this all about, the Fires"? They respond "part and a
former employee of Alvarez has filed a complaint' . They mention that they are
on their way to Arrowhead Escrow (HUDs appointed escrow company for the
acquisition files for A.R.R. homes).
11/4198- Norwest Mortgage, North American Mortgage, Golden State
Mortgage and CTX Mortgage files raided. (See attached search warrant)
11&98 98 - Alvarez meeting Elise D. Klein (Atty. for California Fair Plan) with
all documents on property- Alvarez advised not to meet with out counsel.
Florentino Garza's office to coordinate meeting dates.
O1 08 98- 9:30AM Friday Maggie Pacheco (RDA) requests meeting with
Jaime Alvarez and Marisela Labastida (via telephone conversation with
Marisela)
01 08 98- 11:00AM Friday Maggie Pacheco (RDA) meets at Alvarez' office
and explains that she has received a ceased and desist order and therefore
cannot execute (6) HUD contracts submitted by Alvarez with HUD deadline
Tuesday, January 12'". Marisela requests a copy of cease and desist order and
is informed it was verbally instructed by legal. Maggie also expresses that she
was instructed to contact HUD and explain the program is suspended at this
time and no further contracts will be forwarded.
J/11/98-Alvarez meeting with Florentino Garza to set up appointment with
California Fair Plan's attorney regarding fires.
IN THE CENTRAL COURT DISTRICT
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
Search warrant
(Penal code 1529)
THE PEOPLE OF THE STATE OF CALIFORNIA: To any Sheriff, Constable, Masai,
Policeman In the County of San Bernardino:
Proof, by affidavit, having been this day made before me by William G. Rogers and Ramon Rocha, Detectives,
San Bernardino Police Department, that there is probable cause for believing that: There is now located at
44250 Monterey Avenue City of Palm Desert, County of Riverside, State of California a business called
Norwest Mortgage. That there is evidence within the business which tends to show that several felonies have
been committed and/or that a particular person and/or persons have committed the felonies to wit P.C. 548,
P.C. 550(a)(1), P.C. 550(x)(5), P.C. 115, P.C. 484(a),P.C. 182.
And P.C.532(a)
YOU ARE COMMANDED at any time of the day, or as the case may be, according to Section 1537, to
make immediate search of
44250 Monterey Avenue City of Palm Desert, County of Riverside, State of California.
The business is more particularly described as a single story tan and brown stucco building having a flat roof
The building is located on the east side of Monterey Avenue mid block. The numbers 44-250 is affixed to the
West Side wall of the building in white approx. 6-inch raised lettering above the double glass doors. The name
NORWEST MORTGAGE is affixed to the central portion of the north wall in approx. 12-Inch raised blue and
green letters. An irregular shaped raised logo bearing the letters NW MORTGAGE is also affixed to the central
portion of the north wall and is approximately 2 feet by 2 feet in size. The main entrance to the building is
located in the central portion of the north wall and is constructed of smoked glass with a brown metal frame.
For the following property.
All loan files containing financial records and documents of financial transactions for the purchase, sale,
finance, re-finance, of any properties wherein the following entities acted as buyer, seller, real-estate broker or
Investor, lender or contractor. Alvarez and Associates, Labastida Construction, Hec-Vic Construction, Jaime
Alvarez, Unis Alvarez, Marisela Labastida,Hector Labastida, Victor Labastida, Gina Bosch, Jason Bosch,
Adrian Hole, Elana Labastida, Leticia Alvarez, Miguel Labastida,Nieves Labastida, Tomes Labastida, Zenorina
Labastida, Antonia Labastida, Josefina Labastida, Elizabeth Labastida Alma Labastida, and/or Rosa Labastida.
"Financial records and documents of financial transactions" means original financial records and duplicate
original reproductions of documents recording financial transactions that include all of the following:
a, credit riles and insurance applications
b. loan applications and purpose statements
C
. notes, mortgages, deeds of trust, guarantee agreements, pledges and or any other security instrument
d collateral registers and receipts and releases
e. liability ledgers
f. installment loan records
g. financial statements
h. credit reports
i. notes of memoranda of credit investigation or Inquiry
j. copies of all tax returns
k. books and records of income and/or expenses (cash receipts/cash disbursements) furnished to negotiate
loans
1. loan committee notes and minutes relative to all loans
m. appraisal reports
n loan officer notes, work papers and memos of all contact with the subject(s)
o. monthly statement or ledger sheets
R copies of concealed checks (front and back)
q, all correspondence with the subject(s)or third parties
r. escrow instructions ( buyers and sellers)
s. contract(s)
L payoff's of existing financing
U. new loan instructions and documents
V. title reports
w. identity statements
x. demands and/or beneficiary statements
Y' title search and examination file
Z' title policies
Other records including;
Wire transfers of fiends to any domestic or foreign financial institutions or entities;
All Treasury Currency Reports (CTR)completed on this transaction;
All domestic or international letters of credit or other international transaction documents issued to or on behalf,
or presented by, the listed persons or business;
All documents relative to any civil/criminal litigation involving judgements or liens, including tax liens;
All internal memoranda, work sheets and notes (formal and informal)pertaini
Power of attorney documents; ng to any and all of the above;
All 1099 tax forms, if any, prepared in Connection with the financial transaction.
And if you rind the same or any part thereof, to bring it forthwith before me at my courtroom, or any other
judge of this court.
GIVEN UNDER MY HAND, and dated
y
Judge of the Central Trial Court
County of San Bernardino
State of California
Kristine Ryan Appraisals (909) 864-8556
Bill Howard Appraisals t7 h 4)1 ,7L- (909) 224-5368
G
Valu-It Appraiails (800) 825-8483
Valuation Information Technologies
K.D. Ruiz (909) 274-7763
Leane Brown (909) 274-7765
Barbara Ripley (909) 274-7762
Larry Traughber (909) 985-9469
Ken Graham (909) 824-1168
Linda Foster/Foster Appraisals (909) 792-8845
I Frank M. Buda
Attorney at Law 1 1 7L
2 20501 Ventura Blvd., Suite 275 VJ
Woodland Hills, California 91364
3 (818) 999-9871
4
5 Attorney for Respondents
TAIME ALVAREZ MARISELA LABASTIDA
6 ELENA LABASTIIA, & LETICIA EASTLAND
7
8 BEFORE THE DEPARTMENT OF REAL ESTATE
9 STATE OF CALIFORNIA
10
I I Matter of the Accusation of ) CASE NO. H-27905 L.A.
12 JAIME ALVAREZ MARISELA
LABASTIDA, ELENA LABASTIDA, NOTICE OF DEFENSE
13 & LETICIA EASTLAND OBJECTION TO ACCUSATION
14
15 PROPOUNDING PARTY: RESPONDENTS, JAIME ALVAREZ,MARISELA LABASTIDA,
16 ELENA LABASTIDA, & LETICIA EASTLAND
17 RESPONDING PARTY: COMPLAINANT, CALIFORNIA DEPARTMENT OF REAL
18 ESTATE
19 RESPONDENTS hereby object to the Accusation, pursuant to the provisions contained in
20 California Government Code section 11506:
21 1. The Accusation does not state any acts or omissions which constitute a violation of
22 Section 10176 (a) of the Business and Professions Code("Code"), in that there are no
23 allegations of any Respondent, while a real estate licensee, performing or attempting to
24 perform any acts requiring a real estate license. Consequently, the Complainant may rot
25 proceed using this Section of the Code as a basis for discipline against Respondents real
26 estate licenses. .
27 2. The Accusation does not state any acts or omissions which constitute a violation of
28 Section 10176(a)of the Code,in that there are no allegations of any Respondent making
1
1 any substantial misrepresentation to a lender, while a real estate licensee, performing or
2 attempting to perform any acts requiring a real estate license. Consequently, the
3 Complainant may not proceed using this Section of the Code as a basis for discipline
4 against Respondents real estate licenses.
5 3. The Accusation allegations are so indefinite and uncertain that Respondents cannot
6 prepare their defense, in that the Accusation does not identify any acts or omissions
7 which constitute a substantial misrepresentation made to a lender by any Respondent in
8 violation of Section 10176 (a) of the Code, while a real estate licensee, performing or
9 attempting to perform any acts requiring a real estate license to a lender. In fact the
10 Accusation only documents representations made to lenders by a person who is nor, a
11 Respondent.
12 4. The Accusation allegations are so indefinite and uncertain that Respondents cannot
13 prepare their defense, in that the Accusation does not identify any acts which constitute
14 performing or attempting to perform any acts requiring a real estate license by any
15 Respondent in violation of Section 10176 (a) of the Code. In fact the Accusation dces
16 not identify any licensed acts by any Respondent.
17 5. The Accusation does not state any acts or omissions which constitute a violation of
18 Section 10176 (i) of the Code, in that there are no allegations of any Respondent, while
19 a real estate licensee, performing or attempting to perform any acts requiring a real estate
20 license. Consequently, the Complainant may not proceed using this Section of the Code
21 as a basis for discipline against Respondents real estate licenses.
22 6. The Accusation does not state any acts or omissions which constitute a violation of
23 Section 10176 (i) of the Code, in that there are no allegations of any Respondent
24 performing any conduct for or to a lender which constitutes fraud or dishonest dealing,
25 while a real estate licensee,performing or attempting to perform any acts requiring a real
26 estate license. Consequently,the Complainant may not proceed using this Section of the
27 Code as a basis for discipline against Respondents real estate licenses.
28 7. The Accusation does not state any acts or omissions which constitute a violation of
2
i
I Section 10176 (i) of the Code, in that there are no allegations of any reliance by any
2 lender on any representation by Respondents to constitute fraud or dishonest dealing,
3 while Respondents were real estate licensees, performing or attempting to perform any
4 acts requiring a real estate license. Consequently, the Complainant may not proceed
5 using this Section of the Code as a basis for discipline against Respondents real estate
6 licenses.
7 8. The Accusation allegations are so indefinite and uncertain that Respondents canrot
8 prepare their defense, in that the Accusation does not identify any acts which constitute
9 performing or attempting to perform any acts requiring a real estate license by any
10 Respondent in violation of Section 10176(i)of the Code. In fact the Accusation does not
11 identify any licensed acts by any Respondent.
12 9. The Accusation does not state any acts or omissions which constitute a violation of
13 Section 10177 Q) of the Code, in that there are no allegations of any Respondent
14 performing any conduct for or to a lender which constitutes fraud or dishonest dealing.
15 Consequently,the Complainant may not proceed using this Section ofthe Code as a basis
16 for discipline against Respondents real estate licenses.
17 10. The Accusation does not state any acts or omissions which constitute a violation of
18 Section 10177 0) of the Code, in that there are no allegations of any reliance by any
19 lender on any representation by Respondents to constitute fraud or dishonest dealing.
20 CONCLUSION
21 For the foregoing reasons,Respondents respectfully request that the Accusation be struck, either
22 in total or as to those causes of action where Complainant has failed to allege grounds to proceed.
23
24 DATED:r�/ FRANK M. BUDA
25 ATTORNEY FOR RESPONDENTS
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3
PROOF OF SERVICE BY MAIL
STATE OF CALIFORNIA )
) Bs.
COUNTY OF LOS ANGELES )
I am employed in the County of Los Angeles, State of
California. I am over the age of 18 and not a party to the within
action; my business address is 20501 Ventura Boulevard, Suite 275,
Woodland Hills, California 91364-2351.
On November 17, 1998, I served the within:
NOTICE OF DEFENSE- OBJECTION TO ACCUSATION
by placing the true copy thereof enclosed in a sealed
envelope addressed as follows:
X by placing the original enclosed in a sealed
envelope addressed as follows:
Mr. Sean Crahan, Counsel
California Department of Real Estate
107 South Broadway, Room 8107
Los Angeles, CA 90012
I am -readily familiar" with this firm' s practice of
collection and processing of correspondence for mailing. Under
that practice it would be deposited with U.S. postal service or,
that same day in the ordinary course of business. I am aware that
on motion of party served, service is presumed invalid if postal
cancellation date or postage meter date is more than 1 day after
date of deposit for mailing in affidavit .
X (State) I declare under penalty of perjury under
the laws of the State of California that the above is
true and correct .
(Federal) I declare that I am employed in the!
office of a member of the bar of this court at whose
direction the service was made.
Executed on November 17, 1998 at Woodland Hills, California.
�
By: /fib /LOi
I Frank M. Buda
Attorney at Law
2 20501 Ventura Blvd., Suite 275
Woodland Hills, California 91364
3 (818) 999-9871
4
5 Attorney for Respondents
RIME ALVAREZ MARISELA LABASTIDA
6
JAIME LABASTIBA, & LETICIA EASTLAND
7
BEFORE THE DEPARTMENT OF REAL ESTATE
8
9 STATE OF CALIFORNIA
10
I I Matter of the Accusation of ) CASE NO. H-27905 L.A.
12 JAIME ALVAREZ MARISELA )
I.ABASTIDA ELENA LABASTIDA, REQUEST FOR DISCOVERY
13 & LETICIA �ASTLAND
14
15 PROPOUNDINGPARTY: RESPONDENTS,JAIME ALVAREZ,MARISELA LABASTIDA,
16 ELENA LABASTIDA, & LEITICIA EASTIAND
17
18 RESPONDING PARTY: COMPLAINANT, CALIFORNIA DEPARTMENT OF REAL
19 ESTATE
20 TO COMPLAINANT, CALIFORNIA DEPARTMENT OF REAL ESTATE ("Department"),
21 AND TO ITS COUNSEL OF RECORD SEAN CRAHAN
22 YOU ARE HEREBY REQUESTED, under California Government Code section 11507.6, to
23 produce for Respondent,,IAIMEALVAREZ,MARISELALABASTIDA,ELENALABASTIDA,
24 & LETICIA EASTLAND, the information and documents described below, for inspection and
25 copying by the Law Office of Frank M. Buda, on December 16, 1998 at 10:00 a.m., at 20501 Ventura
26 Blvd., Suite 275, Woodland Hills, California 91364:
27
28 1
1 (1) The names and addresses of witnesses, including,but not limited to, those intended to be called
2 at the hearing; and
3 (2) Statements of Witnesses proposed to be called by the Department and of other persons having
4 personal knowledge of the acts, omissions or events which are the basis of the Accusation; and
5 (3) All writings or things which are relevant and which would be admissible in evidence; and
6 (4) All court records which relate to the allegation contained in the Accusation; and
7 (5) All investigative reports,audits and statements made by or onbehalfofthe Department pertaining
8 to the subject matter of this proceeding,to the extent that such reports and statements(a)contain
9 the names and addresses of witnesses or persons having personal knowledge of the acts,
10 omissions or events which are the basis for the proceeding,or(b)reflect matters perceived by the
1 1 a Deputy Commissioner or Department Auditors in the course of his or her investigations, or(c)
12 contain or include by attachment any statement or writing described in (1) to (4), inclusive, or
13 summary thereof. The investigative reports and statements referenced herein shall include, but
14 not be limited to, all memorandums of telephone conversations and interviews with Respondent
15 or persons having personal knowledge of the acts, omissions or events which are the basis of the
16 Accusation, Memorandums by the Deputy Commissioner to his superiors and the Deputy
17 Commissioner Case Analysis.
18 (6) The investigative reports,audits and statements referenced herein shall include,but not be limited
19 to,all letters,memorandums of conversations and interviews with Respondent or persons having
20 personal knowledge of the acts, omissions or events which are the basis of the Accusation,
21 memorandums by Deputy Commissioners or Department Auditors to their superiors, any
22 complaint which may have initiated the Department's investigation, any instructions by tlae Real
23 Estate Commissioner to any member of the the Department and the Deputy Commissioner Case
24 Analysis. The audits referenced herein shall include, all work papers and supporting documents
25 on which the audits are based and shall include any memorandums or internal Department
26 transmittals.
27 This REQUEST FOR DISCOVERY,shall constitute a continuing request for all information and
28 2
I documents obtained by the Department should new information and documentation be obtained which
2 has not been timely provided to Respondent prior to a hearing in this proceeding.
3 _
DATED: 11-Z 7 y--
4 FRANK M. BUDA
ATTORNEY FOR RESPONDENTS
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PROOF OF SERVICE BY MAIL
STATE OF CALIFORNIA )
) so.
COUNTY OF LOS ANGELES )
I am employed in the County of Los Angeles, State of
California. I am over the age of 18 and not a party to the within
action; my business address is 20501 Ventura Boulevard, Suite 275,
Woodland Hills, California 91364-2351.
On November 17, 1998, I served the within:
REQUEST FOR DISCOVERY
by placing the true copy thereof enclosed in a sealed
envelope addressed as follows:
X by placing the original enclosed in a sealed
envelope addressed as follows :
Mr. Sean Crahan, Counsel
California Department of Real Estate
107 South Broadway, Room 8107
Los Angeles, CA 90012
I am "readily familiar" with this firm' s practice of
collection and processing of correspondence for mailing. Under
that practice it would be deposited with U.S . postal service on
that same day in the ordinary course of business . I am aware that
on motion of party served, service is presumed invalid if postal
cancellation date or postage meter date is more than 1 day after
date of deposit for mailing in affidavit .
X (State) I declare under penalty of perjury under
the laws of the State of California that the above is
true and correct .
(Federal) I declare that I am employed in the!
office of a member of the bar of this court at whose
direction the service was made.
Executed on November 17, 1998 at Woodland�Hills,
California.
By:
Frank M. Buda 'n
Attorney at Law
20501 Ventura Blvd. Suite 275
woodland Hills, California 91364
Telephone Number: (818) 999-9871
Facsimile Number; (818) 999-5559
FAX TRANSEITTAL COVER L=72 R
DATE : January 11, 1999 OUR FILE NO. : 442
TO; Elena
Telecopier NO. : (909) 909-383-0057
Telephone No. : (909) 383 -2858
FROM: Frank M. Buda
RE ; Accusation & Amended Order
TOTAL NUMBER OF PAGES, INCLUDING COVER LETTER: A0
TRANBIIITTED EERENITE, PLEASE FINDS
X For your files .
For your information.
X Per your request .
Please comment .
Please sign and return .
% Please review.
For your handling.
IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (818)
906-0241 AS SOON AS POSSIBLE .
This message is intended only for the use of the individual or entity
to which it is addressed and it may contain information that is
privileged or confidential. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited.
If you have received this c0mmunication in error, please notify Us
immediately by telephone and return the original message to us at the
above address via the V.S. mail at our cost.
BEFORE THE
DEPARTMENT OF REAL ESTATE
STATE OF CALIFORNIA
In the Matter of the Accusation of )
No. H-27905 LA
JAIME ALVAREZ, individually and ) OAH No. L-1998120120
dba Alvarez and Associates; )
MARISELA LABASTIDA; ) AMENDED
ELENA ANTONIA LABASTIDA and ) ORDER FOLLOWING
LETICIA EASTLAND, ) TELEPHONIC TRIAL SETTING
CONFERENCE
Respondents. )
)
On January 5, 1999, a telephonic trial setting conference in the above-
captioned matter was held before Joseph D. Montoya, Administrative Law Judge, Office
of Administrative Hearings, at Los Angeles, California.
Sean Crahan, Counsel, represented the Complainant Department of Real
Estate,
Frank Buda, Attorney at Law, represented the respondent.
Pursuant to discussions with the parties, and good cause appearing
therefor, the following order relating to the Conduct of the hearing in this matter is
hereby made:
1. TRIAL. The trial in this matter will commence on May 17, 1999, at
9:00 a.m., and will continue on a day-to-day basis, as necessary through May 21,
1999, (except May 20, 1999), and May 24, 1999, at 9:00 a.m. and will continue on a
day-to-day basis, as necessary through May 26, 1999, at the California Office of
Administrative Hearings, 107 South Broadway, 2nd Floor, Los Angeles, California, in a
courtroom to be designated and posted on the first day of the trial.
2. PREHEARING AND MANDATORY SETTLEMENT CONFERENCE A
prehearing and mandatory settlement conference shall be held on April 19, 1999, at
10:00 a.m., before an Administrative Law Judge at the Office of Administrative
Hearings, 107 South Broadway, 2nd Floor, Los Angeles, California.
3. HEARING ON MOTION. A hearing on motion shall be held on
1
February 22, 1999, at 10:00 a.m., at the Office of Administrative Hearings, 107 South
Broadway, 2n° Floor, Los Angeles, California.
4, Counsel for Complainant is hereby directed to send notice of the time
and place of trial to all other parties within 10 days of receipt of this Order and to file a
copy of the notice to the Office of Administrative Hearings, 107 South Broadway, 2nd
Floor, Los Angeles, California 90012, to serve as a confirmation of the trial setting
conference. Failure to comply with this requirement may result in continuance of the
trial dates.
5. Counsel are hereby directed to continue to confer and cooperate with
each other with respect to making or exchanging full discovery and engaging In
settlement discussions.
6. Proceedings before the Office of Administrative Hearings may be
governed by the Administrative Procedure Act ("APA") (Government Code, sections
11370 to 11529) and Regulations relating to general APA hearing procedures
(California Code of Regulations, Title 1, sections 1000 to 1046). Parties to
proceedings before the office of Administrative Hearings should refer to these statutes
and regulations for applicable procedures and requirements.
7. Respondents shall file their motion regarding their objection to the
pleadings, to be heard February 22, 1999, In compliance with California Code of
Regulations, § 1023 (f).
IT IS SO ORDERED,
DATED:
JO AP . MONTOY
istra ' dge
ice of Administrative Hearings
JDM:sp
2
I Sean Crahan, Counsel n
State Bar 49351
2 Department of Real Estate NOV - 4 1995 /
107 South Broadway, Room 8107 D"ePARTNEN-1 Or
3 Los Angeles, California 90012
4 (213 ) 897-3937 8Y n` `nom
6
6
7
8
9 DEPARTMENT OF REAL ESTATE
LO STATE OF CALIFORNIA
11
In the Matter of the Accusation of ) Number H-27905 LA
12 )
JAIME ALVAREZ, individually and )
13 dba Alvarez and Associates; )
MARISELA LABASTIDA; 1 B jj 8 j 4 Cl
14 ELENA ANTONIA LABASTIDA and )
LETICIA EASTLAND, )
15 )
16
Respondents . )
)
17 The Complainant, Thomas McCrady, a Deputy Real Estate
18 Commissioner of the State of California, for cause of accusation
19 against JAIME ALVAREZ, individually and doing business as Alvarez
20 and Associates; MARISELA LABASTIDA; ELENA ANTONIA LABASTIDA and
21 LETICIA EASTLAND, alleges as follows :
22 1
23 The Complainant, Thomas Mc Crady, a Deputy Real Estate
24 Commissioner of the State of California, brings this Accusation,
25 his official capacity.
29
27
17 P*I[M
O CµoOF4
I i II1�V.lip -1
1 r,rcEt�srlr�
2 2 .
3 JAIME ALVAREZ (hereafter respondent ALVAREZ) is presently
4 licensed and/or has license rights under the Real Estate Law, Part
5 1 of Division 4 of the Business and Professions Code (herein "the
8 Code" ) .
7 (a) At all times mentioned herein, respondent ALVAREZ
a was and now is licensed by the Department of Real Estate of the
9 State of California (herein "the Department" ) as a real estate
10 broker, individually and doing business as Alvarez and Associates
11 (hereafter A&A) .
12 (b) At all times herein mentioned, respondent ALVAREZ
13 directed and controlled the operations of A&A, its agents and
14 employees .
15 3
i
18 MARISELA LABASTIDA (hereafter respondent M. LABASTIDA) is1
17 presently licensed and/or has license rights under the Real Estate
18 Law.
19 (a) At all times herein mentioned, respondent M.
20 LABASTIDA was licensed by the Department as a real estate broker.
21 (b) At all times herein mentioned, respondent M.
22 LABASTIDA was acting in conjuction with all respondents herein and
23 on behalf of A&A.
24 4 .
25 LETICIA EASTLAND (hereafter respondent EASTLAND) is
88 presently licensed and/or has license rights under the Real Estate
27 Law,
Gweru
I PW LNi
-2-
i,.a e, uubr -emu. HUL UJ
I (a) At all times mentioned herein, respondent EASTLAND
2 was and now is licensed by the Department as a real estate
3 salesperson.
4 (b) Respondent EASTLAND was at all times herein
5 mentioned employed by and licensed to respondent ALVAREZ .
8 5
7 ELENA ANTONIA LABASTIDA (hereafter E. A. LABAST.IDA) is
8 presently licensed and/or have license rights under the Real Estate
9 Law,
10 (a) At all times mentioned herein, respondent E. A.
ll LABASTIDA was and now is licensed by the Department as real estate
12 salesperson.
13 (b) Respondent E. A. LABASTIDA was at all times herein
14 mentioned employed by and licensed to respondent ALVAREZ .
15 6
18 Christina Maria Gordon (hereafter Gordon) was at all
17 times hereinbelow mentioned an escrow officer at Union Escrow,
18 Inc . (hereafter UEi) . Gordon was at no time hereinbelow mentioned a
19 real estate licensee but on February 25, 1997 applied to the
�0 Department for a real estate salesperson license.
21 7
22 CONS PIRAQ
23 (a) Respondents ALVAREZ, LABASTIDA, EASTLAND, LABASTIDA,
24 Alvarez & Associates (hereafter A&A) , UEI and Gordon agreed to
25 engage in the business of buying or selling real properties, as
28 principals or agents, for or in expectation of compensation,
27 whereby A&A would sell real properties to buyers whose down
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I
I payments or closing costs to purchase the properties were provided
2 by respondents, A&A and/or UEI .
3 (b) Respondents, A&A and Gordon caused or allowed to be
4 represented to lenders that buyers had deposited specified amounts
5 as deposits or closing costs toward the purchase of the real
6 properties ,
7 (c) Respondents, A&A, UEI and Gordon concealed from
a lenders that the down payments were borrowed, contrary to
9 statements on buyers ' loan applications to lenders that no
their down part of
LO payments were borrowed.
11 (d) in fact, down payments were fictitious, created by
12 use of cashiers checks deposited into UEI and represented to be
13 deposits or closing costs by the buyers .
14 (e) Said cashier's checks were purchased from funds
15 provided by A&A, respondents, or UEI .
16 (> ) Pursuant to this agreement, respondents ALVAREZ,
17 LABASTIDA, EASTLAND, LABASTIDA, with funds from A&A, respondents or
18 UEI , purchased cashier's checks to be deposited into UEI for credit
19 to the buyers/borrowers ,
20 (g) Gordon, as escrow officer for UEi, caused escrows to
21 be opened and closed, concealing from the lenders that the
22 borrowers had not placed on deposit the funds which UEI and Gordon
23 had represented to the lenders as having been deposited by the
24 buyer/borrowers .
25 (h) Respondents, A&A, UEI and Gordon, together, in
26 cooperation with each other, jointly and severally, engaged in the
A 27 transactions set forth below.
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3 UEI Escrow 13010-CG
4 3133 and 3133 1/2 Duffy Street
5 (a) On or about December 6, 1995, respondent EASTLAND
6 conveyed real property at 3133 and 3133 1/2 Duffy Street , San
7 Bernardino, California (hereafter the Duffy street property) to
8 A&A. On or about January 16 , 1996, A&A, by respondent M.
9 LABASTIDA, as general partner, conveyed the Duffy street property
10 to Francisco and Arora Chavez and Yolanda Chavez .
11 (b) On or about November 30, 1995, respondent MARISELA
12 LABASTIDA, on behalf of A & A as seller, entered into a writen
13 purchase contract to sell the Duffy Street Property to Francisco
14 and Arora Chavez (buyers) for $145, 000, with $5, 800 down and a
15 $139 . 000 new first trust deed loan.
16 (c) UEI Escrow 13010-C was opened on or about December
17 6, 1995 , for the sale of the Duffy Street property by A&A, (seller)
18 to Francisco and Arora Chavez (buyers) for $145, 000 .
19 (d) On or about January 16, 1996 , Gordon closed escrow
20 without having received the cash deposit and other funds from the
21 buyer, as required by the escrow instructions , in violation of i
22 Financial Code Section 17414 (a) (1) governing the conduct or escrows
23 under the Department of Corporations jurisdiction.
24 (d) Gordon closed escrow 13010-CG without receipt of the '
25 required funds form the buyers by engaging in the following
26 activities in violation of Financial Code Section 17414 (a) (2) :
27
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I (1) Gordon prepared and sent, or caused to be
2 prepared and sent, to the lender, receipt number 26408 which
3 misrepresented that the buyers had deposited the sum of $10, 000
4 into escrow, including with said receipt a copy of a $10, 000
5 cashier' s check indicating that the buyers had purchased said
6 check. The receipt was false in that the cashier' s check was in
7 fact purchased by respondent MARISELA LABASTIDA with funds from
8 A&A. Gordon knew or should have known that the cashier's check was
9 purchased by seller. The same day Gordon disbursed UEI ETA check
10 82833 for $10, 000 to A&A pursuant to an instruction dated January
11 16, 1996 signed by sellers and buyers .
12 (2 ) Gordon failed to send a copy of that escrow
13 instruction dated January 16, 1996 to the lender, which had, on
14 January 11, 1996 , instructed UE1 to submit complete copies of all
15 escrow instructions prior to any close of escrow.
16 (3 ) Gordon prepared and sent, or caused to be
17 prepared and sent, to the lender, a settlement statement which
18 overstated the buyer' s cash deposit into escrow by $10, 000 and
19 disguising the $10, 000 disbursement to Alvarez as $9, 800 in
20 contractor fees and $200 in escrow fees and further misrepresented
21 a further disbursement to seller of $1, 018 . 42 as a buyer refund.
22 8 .
23 UEI Escrow 13019-cc
24 1543 , 1545, 1547 North Sepulveda
25 (a) On or about December 30, 1993 , The United States
26 Department of Housing and Urban Development (hereafter HUD)
27 conveyed real property at 1543 , 1545, 1547 North Sepulveda, San
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I Bernardino, California, (the 1543 Sepulveda property) to Hector and
2 respondent MARISELA LABASTIDA. On or about February 9, 1996,
3 Hector and respondent MARISELA LABASTIDA conveyed this property to
4 A&A• On or about February 9, 1996, A&A, by respondent MARISELA.
5 LABASTIDA, as general partner, conveyed the property to Roberto
6 Hernandez and Remigo Rivas ,
7 (b) On or about December 15, 1995, respondent MARISELA
8 LABASTIDA, on behalf of A & A as seller, entered into a writen
9 purchase contract to sell the 1543 Sepulveda property to Roberto
10 Hernandez and Remigo Rivas (buyers) for $129, 000 „ with $5, 160 down
11 and a $123 , 840 new first trust deed loan.
12 (c) UEI Escrow 13019-CG was opened on or about December
13 15, 1995, for the sale of 1543 , 1545, 1547 North Sepulveda, San
14 Bernardino, California, by A&A (seller) to Roberto Hernandez and
15 Remigo Rivas (buyers) for $129, 000 .
16 (d) Gordon closed escrow 13019-CG on or about February
17 9, 1996, without receipt of the funds from the buyers as required
18 by the escrow instructions by engaging in the following activities .
19 (1) Gordon prepared and sent, or caused to be
20 prepared and sent, to the lender, receipt Number 26412 which
21 misrepresented that the buyers had deposited the sum of $1, 000 into
22 escrow, including with said receipt a COPY PY of a $1, 000 cashier's �
23 check numbered 095799 indicating that the buyer had purchased said
24 cashier' s check. The receipt was false in that the cashier's check
25 was in fact purchased by respondent JAIME ALVAREZ with funds
26 provided by an A&A check 9267 signed by respondent ELENA LABASTTDA.
27 Gordon knew or should have known that the cashier' s check was
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I purchased by seller. That same day Gordon disbursed check 82843
2 for $1, 000 to A&A. A&A endorsed check 82843 for deposit into UEI
3 escrow 31020-CG, set forth below.
4 (2) Gordon prepared or caused to be prepared,
5 receipt number 26413 which misrepresented that the buyers had
6 deposited the sum of $6, 500 into escrow, including with said
7 receipt a copy of a $6, 500 First Federal Savings cashier' s check
8 06-003198 payable to Remigo Rivas which indicated that Celia Nava
9 had purchased said cashier's check. The receipt was false in that
10 the cashier' s check was in fact purchased by respondent JAIME
11 ALVAREZ with funds provided by an A&A check 9267 signed by
12 respondent ELENA LABASTIDA with A&A's funds . Gordon knew or should
13 have known that the cashier's check was purchased by sellers or by
14 UEI . That same day Gordon disbursed check 82844 for $6 , 500 to
15 seller . A&A check 82844 to UEI for deposit to escrow 31020-CG,
16 set forth below,
17 (3 ) Gordon prepared and sent, or caused to be
18 prepared and sent, to the lender, receipt number 26437 which
19 misrepresented that the buyers had deposited the sum of $2 , 500 into
20 escrow, including with said receipt a copy of a $2, 500 cashier' s
21 check number 95826 showing that buyer had purchased said cashier's
22 check. Cashier' s check number 95826 referenced in escrow 013020 and
23 given UEI Receipt Number 26436 (see below) . The receipt was false
i
24 in that the buyers did not make the deposit . The deposit consisted
25 of UEI ETA check number 82887 issued by Gordon to A&A for $2, 500 in
26 escrow 31020-CG which A&A had endorsed back to UEI for credit to
27
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1 escrow 31019-CG. Gordon knew or should have known that the deposit
2 was provided by A&A or by UEI.
3 (4) Gordon, without authority, disbursed $2, 500 to
4 A&A which seller deposited into its account .
5 (5) Gordon issued to A&A UEI check 82844 for $6, 500
6 which A&A endorsed back to UEI for deposited to the benefit of
7 buyers in UEI escrow 13020 CG.
8 (6) Gordon failed to notify the lender of the above
9 described disbursements made to A&A or the $2 , 265 . 81 disbursement
10 made to A&A after close of escrow.
11 (7) Gordon prepared and sent, or caused to be
12 prepared and sent, to the lender, a settlement statement which
13 overstated by buyers ' deposit into escrow by s10, 000,
14 misrepresented the $12 , 265 . 81 in disbursements to seller as
15 contractor repairs and misrepresented a further disbursement to
16 Alvarez of $2 , 881 . 56 as a buyer refund.
17 9 .
18 UEI Escrow 13020-CG
19 1533 , 1535, 1537 North Sepulveda
20 (a) On or about April 27, 1994, HUD conveyed real
21 property at 1533 , 1535, 1537 North Sepulveda in San Bernardino,
22 California (hereafter the 1533 Sepulveda Property) to victor and
23 respondent E. LABASTIDA who, on April 29, 1994 , conveyed it to
24 Hector and respondent N. LABASTIDA. On or about February 7, 1996,
I
i
25 Hector and respondent M. LABASTIDA conveyed it to A&A, On or about
26 February 7, 1996, A&A, by respondent M. LABASTIDA, as general
Q� 27
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1 partner, conveyed the property to Roberto Hernandez and Remigio
2 Rivas .
3 (b) On or about December 15, 1995, respondent MARISELA
4 LABASTIDA, on behalf of A & A as seller, entered into a writen
5 purchase contract to sell the 1533 Sepulveda Property to Roberto
6 Hernandez and Remigio Rivas (buyers) for $129, 000, with $5, 160 down
7 and a $123 , 840 new first trust deed loan.
8 (c) On or about December 15, 1995, UEr Escrow 13020-CG
9 was opened for the sale of real property at 1533, 1535, 1537 North
10 Sepulveda in San Bernardino, California by A&A (seller) to to
11 Roberto Hernandez and Remigio Rivas (buyers) for $129, 000 .
12 (d) Gordon closed escrow 13020-CG on or about February
13 8, 1996 without receipt of the funds from the buyers, as required
14 by the escrow instructions, by engaging in the following activities
15 in violation of Financial Code Section 17414 (a) (2) :
16 (1) Gordon prepared and sent, or caused to be
19 prepared and sent, to the lender, receipt number 26415 which
18 misrepresented that the buyers had deposited the sum of $1, 000 into
1g escrow, including with said receipt a copy of a $1, 000 cashier's
20 check, indicating that the buyer had purchased said cashier's
21 check. The receipt was false in that the deposit was actually UE1
22 check number $2843 issued to Alvarez in escrow number 13019-cc and
23 which seller endorsed back to UE1 for escrow number 13020,
24 previously described herein above. i
25 (2) Gordon prepared and sent, or caused to be
26 prepared and sent, to the lender, receipt number 26416 which
27 misrepresented that the buyers had deposited the sum of $6, 500 into
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i
1 escrow, including with said receipt a copy of a $6, 500 cashier's
2 check payable to Remigo Rivas indicated that Celia Nava had
S purchased said cashier's check. The receipt was false in that the
4 cashier' s check was in fact purchased by purchased by respondent
5 JAIME ALVAREZ with funds provided by an A&A check 9267 signed by
6 respondent ELENA LA13ASTIDA or by seller with UEI ETA check number
7 82847 issued by Gordon to sellers in escrow 31019-CG. Gordon knew
8 or should have known that the buyer's deposit was provided by
9 sellers or by UEI . The same day Gordon disbursed check 82847 for
10 $7, 500 to A&A.
11 (3 ) Gordon prepared and sent, or caused to prepared 1.
12 and sent, to the lender, receipt number 26436 which misrepresented
15 that the buyers had deposited $2 , 500 into escrow, including with
14 said receipt a copy of a $2 , 500 cashier's check, numbered 95826,
15 showing the buyer as the purchaser. The receipt was false in that
16 the cashiers check, numbered 95826 was purchased by respondent
17 ELANA LABASTIDA with funds provided by respondent MARISELA
18 LABASTIDA. Gordon knew or should have knoen that said cashier' s
19 check was purchased by respondents . That same day Gordon disbursed
20 UEI ETA check 82887 for $2, 500 to A&A, without prior authorization.
21 (4 ) Gordon prepared and sent, or caused to prepared ,
22 and sent, to the lender, receipt number 26455 which misrepresented '
25 that the buyers had deposited $500 into escrow. The receipt was
24 false in that the deposit was made by seller . Gordon knew or
25 should have known that said deposit was made by seller. That same
26 day Gordon disbursed UEI ETA check 82964 for $500 to A&A.
27
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1 (5) Gordon failed to (a) send to the lender a copy
2 of the January 18, 1996 escrow amendment instructing UEI to pay
3 seller $7, 500 prior to close of escrow or $500 after close of
4 escrow and (b) notify the lender of the $2, 500 unauthoirzed
5 disbursement to seller prior to close of escrow and the $2 , 160 . 08
6 and $3 , 179 . 34 disbursements made to sellers at close of escrow.
7 These failures violated lenders escrow instructions which required
6 UEI to provide complete copies of all escrow instrucitons to them
9 prior to close .
10 (6) Gordon prepared and sent, or caused to prepared
11 and sent, to the lender, a settlement statement which overstated
12 buyers ' deposit into escrow by $10, 500, misrepresented the
13 $12 , 160 , 08 in disbursements to sellers as contractor repairs and
14 misrepresented a further disbursement to seller of $3 , 179 . 34 as a
15 buyer refund,
16 10 .
17 UEI Escrow 13021-03
18 4060 & 4062 6th Street
19 (a) UEI Escrow 13021-CG was opened for the sale of real
20 property at 4060 & 4062 6th Street, Riverside, California by A&A
21 (seller) to Octavio Ayala, Felipe Martinez and Maria Ramos
22 (buyers) .
23 (b) Gordon closed escrow 13021-CG on or about February
24 13 , 1996 without receipt of the funds from the buyers, as required
i
25 by the escrow instructions, by engaging in the following
26 activities .
27
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1 (1) Gordon prepared and sent, or caused to be
2 prepared and sent, to the lender, receipt number 26405 which
3 misrepresented that the buyers had deposited the sum of $1, 000 into
4 escrow by cashier's check number 95786, indicating that the buyer
5 had purchased said cashier's check . The receipt was false in that
6 the cashier ' s check had been purchased by respondent MARisELA
7 LABASTIDA with funds provided by A&A with a check on an A&A account
8 signed by respondent MARISELA LABASTIDA. That same day, Gordon
9 disbursed UEI ETA check number 82831 for $1, 000 to A&A pursuant to
10 a January 16 , 1996 escrow amendment instructing UEI to pay A&A
11 $1 , 000 prior to close of escrow
1.2 (2) Gordon failed to submit to the lender a copy of
13 the January 16 , 1996 escrow amendment instructing UEI to pay Asa
14 $1 , 000 prior to close of escrow, in violation of lender escrow
15 instructions requiring UEI to submit true copies of all escrow
16 instrucitons prior to any close of escrow.
17 (3) Gordon prepared and sent, or caused to be
18 prepared and sent, to the lender, receipt number 26434 which
19 misrepresented that the buyers had deposited the sum of $3 , 800 into
20 escrow, including with said receipt a copy of a $3, 800 cashier' s
21 check indicating buyers had purchased said cashier's check, The
22 receipt was false in that the cashier ' s check was in fact
purchased
23 by respondent ELENA LA13ASTIDA with funds provided by respondent
24 MARISELA LABASTIDA, or by seller with UEI ETA check number 82847
25 issued by Gordon to sellers in escrow 31019-cG . Gordon knew or
26 should have known that the cashier' s check was purchased by sellers !
27
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1 or by UEI . The same day Gordon disbursed check 82847 for $3 , 800
to
2 A&A, without prior authorization.
3 (4) Gordon prepared and sent, or caused to be
4 prepared and sent, to the lender, a settlement statement which
5 overstated the buyers , cash deposit into escrow by $5, 239 .22 and
6 misrepresented the disbursements to seller as "contractor fees" .
7 11.
8 UEI Escrow 13047-CG
9 720 West Spruce Street
10 (a) On or about October 23 , 1995, Hector and respondent
11 MARISELA LABASTIDA acquired 720 West Spruce Street, San Bernardino,
12 California (the Spruce Street Property) from HUD, February 13 ,
13 1996, the Spruce Street property was conveyed by Hector and
14 respondent MARISELA LABASTIDA to A&A. On or about February 13 ,
15 1996, A&A, by respondent M. LABASTIDA, as general partner, conveyed
16 the property to Jose M. Macias and Joel P. Macias ,
17 (b) On or about November 29, 1995, respondent MARISELA
18 LABASTIDA, on behalf of A & A as seller, entered into a writen
19 purchase contract to sell the Spruce Street Property to Jose M.
20 Macias and Joel P. Macias (buyers) for $85, 500, with $3 , 460 down
21 and a $83 , 040 new first trust deed loan,
22 (c) On or about January 11, 1996, UEI Escrow 13047-CG
23 was opened for the sale of the Spruce Street property by A&A
24 (seller) to Jose M. Macias and Joel P. Macias (buyers) , for
25 $86, 500 .
26 (d) Gordon closed escrow 13047-CG on or about February
27 13 , 1996 without receipt of the funds from the buyers, as required
�, ..
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- - - — I I`.ivl li'♦ LVUN LJW. F'Hdt Lb
I by the escrow instructions, by engaging in the following activities
2 in violation of Financial Code Section 17414 (a) (2) :
3 (1) Gordon prepared and sent, or caused to be
4 prepared and sent, to the lender, receipt number 26406 which
g misrepresented that the buyers had deposited the sum of $1, 000 into
6 escrow, including with said receipt a copy of a $1, 000 cashier's
7 check number 95785, indicating that the buyer had purchased said
8 cashier's check. The receipt was false in that the cashier's check
9 had been purchased by respondent MARTSELA LABASTIDA. Gordon knew
10 or should have known that the cashier's check was purchased by
IL sellers or by UET . That same day, Gordon disbursed UEI ETA check
12 number 82832 for $1, 000 to A&As .
13 (2) Gordon prepared and sent, or caused to be
14 prepared and sent, to the lender, receipt number 26435 which
15 misrepresented that the buyers had deposited the sum of $3 , 500 into
16 escrow, including with said receipt a copy of a $3, 500 cashier' s
17 check, numbered 095825, indicating buyers had purchased said
18 cashier's check. The receipt was false in that the cashier's check
19 was in fact purchased by respondent ELENA LABASTIDA with a check
i
20 signed by respondent MARTSELA LABASTIDA. Gordon knew or should
i
21 have known that the cashier's check was purchased by sellers or by
i
22 VEI . The same day Gordon disbursed check 82885 for $3, 500 to A&A,
23 without prior authorization.
1 24 (3) Gordon failed to submit to the lender a copy of
s 28 the January 16, 1996 escrow amendment instructing UEI to pay seller
26 $4' 600 prior to close of escrow, in violation of lender escrow
27
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i
I instructions requiring UEI to submit true copies of all escrow
2 instrucitons prior to any close of escrow,
3 (4) Gordon prepared and sent, or caused to be
y prepared and sent, to the lender, a settlement statement which
5 overstated the buyers ' cash deposit into escrow by $4, 600 and
6 failed to indicate that $4, 500 of the seller' s proceeds were
7 disbursed prior to close of escrow.
8 12 .
9 The conduct or omissions of each and every respondent, as
10 set forth above, in the creation of fictitious deposits credited to
11 buyers , subject their real estate licenses and license rights to
12 suspension or revocation under the following Code Sections :
13 (a) 10176 (a) for making substantial misrepresentations .
14 (b) 10176 (1) for fraud or dishonest dealing in
15 transactions for which a real estate license is required.
16 (c) 10177 (j ) for fraud or dishonest dealing in
17 transactions for which a real estate license is not required.
18
19
20
21
22 I
23 /
24
25
26
27
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I WHEREFORE, Complainant prays that a hearing be conducted
2 on the allegations of this Accusation and that upon proof thereof,
3 a decision be rendered imposing disciplinary action against all
4 licenses and license rights of respondents JAIME ALVAREZ,
5 individually and doing business as Alvarez and Associates; MARISELA
6 LABASTIDA; ELENA ANTONIA LABASTIDA and LETICIA EASTLAND, under the
7 Real Estate Law (Part 1 of Division 6 of the Business and
8 Professions Code) and for such other and further relief as may be
9 proper under other applicable provisions of law.
10 Dated this 4th day of November, 1998 .
11
12 Leri �r
13 Thomas McCrady
Deputy Real Estate Commissioner
14
15
16
17
18
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19
20
21
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22 I
CC :
23 Jaime Alvarez
Marisela Labastida
24 Elena Antonia Labastida
Leticia Eastland
25 Sacto
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27 SC/sc
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-, .AMERICAN TITLE COMPANY
Serving the American Dream
10/28/98 f
Jaime Alvarez t�
Alvarez& Associates Real Estate
201 N. °E" Street, Ste.202
San Bernardino, CA 92401
Dear Mr. Alvarez,
As per your request, American Title Company compiled all of the Trustee Sales within the
city limits of San Bernardino. Using Dataquick Information, we came up with the ty„A1,7
following results:
# of # of (a5
MONTH YEAR TRUSTEES MONTH YEAR TRUSTEES 5"
to `/C/—") �nfd)
OCT '97 53 MAY '98 118 �n2 (ff'"
NOV '97 46 JUN 198 129
DEC '97 64 JUL 198 113
JAN '98 75 AUG '98 101
FEB '98 100 SEPT '98 122
MAR '98 148
APR '98 130
American Title Company hopes that this information will be useful in your study of the
foreclosure market. We thoroughly support the commitment of Alvarez& Associates to
clean up the blight that has plagued our area.
If you need further assistance, please contact myself or our management at
(909) 884-8944.
(Sit rely,
Dave Perry
American Title Company
Senior Account Manager
kcd:DP
1465 South D Street,Suite 200 • San Bernardino,California 92408 • Telephone:(909)884-8944 • Fax:(909)884-4064
FirstAmerican Title Company
323 WEST COURT STREET(P.O.BOX 632T).SAN BERNARDINO.CALIFORNIA 92412.(909)889-0311
Thursday, January 07, 1999
Mr. Jaime Alvarez
Alvarez & Associates Real Estate
201 N. "E" Street, Ste. 202
San Bernardino, CA 92401
Dear Mr. Alvarez,
According to the available Dataquick records, please review the following
statistics regarding Trustees/Hud foreclosure sales.
This information is for the city of San Bernardino.
Month I Yr. Trustee Sales
September 1998 117
October 1998 118
November 1998 98
If you require additional information or further assistance, please do not hesitate
in calling myself or customer service.
Jim Sauceda.. ....................(909) 426-0239
Customer Service...............(909) 381-6411
Sincerely,
im Sauceda
First American Title Company