Disciplinary Action<= /span>

ROGER B. BERNHOLZ (Chapel Hill) – By Consent, the Commissi= on suspended the broker license of Mr. Bernholz fo= r a period of three months effective June 11, 2011. The Commission then stayed = the suspension under certain conditions. The Commission found that Mr. Bernholz acted as broker-in-charge of a real estate brokerage firm serving as listing agent for a residential property which ha= d a contract terminated when a prospective buyer’s survey revealed it was in an= “A” flood zone and requiring flood insurance. The Commission found that Mr. Bernholz relied upon a later Federal Emergency Manage= ment Agency report which identified the property in a “C” zone, not requiring fl= ood insurance, incorrectly judged that the FEMA report governed over the survey, and directed the listing agent only to disclose the FEMA report. The Commis= sion finally found that after purchase of the property by buyers for whom the fi= rm served as dual agent, the buyers discovered the property was in an “A” flood zone, needed flood insurance, and that they could not do any additions to t= he residence because of the Resource Conservation District. The Commission not= ed that, in light of the foregoing, Mr. Bernholz, = the listing agent, and the brokerage firm, without admitting liability, entered= in a civil court settlement with the buyers; the buyers have communicated to t= he Commission that the civil matter was resolved to their satisfaction.

ELEANOR A. BOWMAN (Wilmington) – The Commission accepted t= he permanent voluntary surrender of the broker license of Ms. Bowman effective August 10, 2011. The Commission dismissed without prejudice allegations that Ms. Bowman violated provisions of the Real Estate License Law and Commission rules. Ms. Bowman neither admitted nor denied misconduct.=

LAURA A. BOWMAN (Denver) – By Consent, the Commission reprimanded Ms. Bowman effective July 14, 2011. The Commission found that Ms. Bowman, part owner with her husband of a limited liability business, secured her husband= ’s services to remove and replace a water heater from a property owned, but not listed for sale, by an out-of-state client; neither her husband nor their c= ompany were licensed by the State Board of Plumbing, Heating and Fire Sprinkler Contractors to replace the water heater as required by law. The Commission noted there were no issues as to the quality of the workmanship of Ms. Bowm= an’s husband and no damage resulted to the homeowner.

BRENDA PEAK LLC (Cary) - The Commission revoked the firm license of Brenda Peak, LLC, effective June 27, 2011. The Commission found that Brenda Peak, LLC, acting as the listing agent for a property, failed to return $10,000 in earnest money in timely fashion to bu= yers who had submitted an Offer to Purchase with an option and then decided to withdraw from the transaction as allowed by the terms of the option. The Commission further found that Brenda Peak, LLC, failed to respond to a Comm= ission Letter of Inquiry sent in response to the buyers’ complaint and failed to provide copies of trust account records accounting for the deposit. The Commission noted that Brenda Peak, LLC, did eventually return the $10,000 earnest money deposit to the buyers.

CAROLINA COAST MANAGEMENT LLC (Wilmington) – By Consent, the Commission revoked the broker license of Carolina Coast Management effective June 22, 2011. The Commission found that Carolina Coast Management permitted an expired broker to conduct real estate brokerage and to maintain the firm’s banking and trust accounts. The Commis= sion also found that Carolina Coast Management failed to properly supervise the expired broker’s bookkeeping, failed to maintain and retain trust account records, and failed to safeguard the funds it held that belong to others.

CAROLINA REALTY GROUP, INC. (Raleigh) – By Consent, the Commission suspended the firm license of Carolina Realty Group for a period of one year effective June 1, 2011. One month of the suspension was active with the remainder stayed for one year on certain conditions. The Commission found t= hat Carolina Realty Group failed to properly supervise a property manager it hi= red and who embezzled cash receipts paid to the firm by its clients. The Commis= sion also found that Carolina Realty Group failed to review the firm’s trust acc= ount records and safeguard the funds held by it on behalf of others. The Commiss= ion noted that Carolina Realty Group paid all of the clients of the firm and is= no longer engaged in real estate brokerage.

CENTURION REALTY LLC (Charlotte) - The Commission accepted the voluntary surrender of the broker license of Centurion Realty for a period = of one year effective September 8, 2011. The Commission dismissed without prejudice allegations that Centurion Realty violated provisions of the Real Estate License Law and Commission rules. Centurion Realty neither admitted = nor denied misconduct.

ANGELA R. CLEVE (Swansboro) – By Consent, the Commission revoked the broker license of Ms. Cleve effective November 1, 2010. The Commission found that Ms. Cleve, acting as bookkeeper for a real estate brokerage firm, fail= ed to deposit into trust accounts cash rents received by the firm and transfer= red several security deposits to rents in order to pay owners when cash rents received had not been deposited. The Commission also found that during Ms. Cleve’s tenure as bookkeeper, approximately $10,000 was not deposited into = the firm’s trust accounts.

EDNA W. CHIRICO (Charlotte) – By Consent, the Commission suspended t= he broker license of Ms. Chirico for a period of three years effective March 1= 5, 2011. Three months of the suspension were active with the remainder stayed = for a probationary period ending March 15, 2014. The Commission found that Ms. Chirico’s husband, a licensed broker who acted as the bookkeeper of her licensed firm, converted approximately $100,000 in earnest money deposits h= eld in the firm’s trust account to cover operating expenses and Ms. Chirico fai= led to properly supervise the maintenance of the trust accounts allowing the conversion to take place. The Commission noted that Ms. Chirico replaced the funds.

SANTIGUS MONTALIUS CLARK (Charlotte) – The Commission accepted the voluntary surrender of the broker license of Mr. Clark for a period of three years effective August 1, 2011. The Commission dismissed without prejudice allegations that Mr. Clark had violated provisions of the Real Estate Licen= se Law and Commission rules. Mr. Clark neither admitted nor denied misconduct.=

GARY K. COATS (Raleigh) – The Commission accept= ed the voluntary surrender of the broker license of Mr. Coats for a period of = 18 months effective August 15, 2011. The Commission dismissed without prejudice allegations that Mr. Coats had violated provisions of the Real Estate Licen= se Law and Commission rules. Mr. Coats neither admitted nor denied misconduct.=

SAMUEL CALEB COWLES (Kannapolis) – By Consent, the Commission revoked the broker license of Mr. Cowles effective September 8, 2011. The Commission found that Mr. Cowles, a licensed loan officer, participated in a series of transactions in which he assisted buyers in obtaining owner-occup= ied loans when, in fact, Mr. Cowles knew the properties were to be rented or flipped to other buyers, and eventually the homes went into foreclosure. The Commission also found that Mr. Cowles pled guilty in U.S. District Court, S= outh Carolina, to Conspiracy to Commit Money Laundering and was sentenced= to 15 months in prison.

MARIA J. DELA CRUZ (Raleigh) – By Consent, the Commission suspended the broker license of Ms. = dela Cruz for a period of = one year effective July 1, 2011. The Commission then stayed the suspension for one y= ear on certain conditions. The Commission found that Ms. <= span class=3DGramE>dela Cruz, acting as broker-in-charge of a real estate brokerage firm, failed to properly supervise a property manager she hired and who embezzled cash receipts paid to her firm by its clients. The Commission also found that Ms. del= a Cruz failed to review the firm’s trust account records and safeguard the fu= nds held by it on behalf of others. The Commission noted that Ms. dela Cruz paid all of the = clients of the firm and is no longer operating the business.

LEAH C. CURTIS (Charlotte) – By Consent, the Commission suspended t= he broker license of Ms. Curtis for a period of two years effective September = 1, 2011. The Commission then stayed the suspension for a probationary period of two years. The Commission found that in 2008 Ms. Curtis, while acting as bookkeeper for a property management firm, converted trust money by writing a $500 check to herself from her firm’s re= ntal trust account, and repaid the money when the embezzlement was discovered shortly thereafter.

SALVATORE JOSEPH D’ELIA (Apex) – By Consent, the Commission repr= imanded Mr. D’Elia effective September 8, 2011. The Commission found that Mr. D’Elia received $8,00= 0 in earnest money from a buyer who contracted to purchase the assets of a restaurant under certain conditions and did not deliver the earnest money t= o his broker-in-charge (who was not aware of the transaction) and did not otherwi= se deposit the money into a trust account. The Commission also found that Mr. = D’Elia failed to return the earnest money at the buye= r’s request when the contract failed. The Commission also found that the buyer filed a lawsuit which was settled with payment of the $8,000 plus attorney’s fees.

DEVCORE CHARLOTTE LLC (Charlotte) – The Commission accepted the permanent voluntary surrender of the broker license of DevCore Charlotte LLC effective July 15, 2011. The Commission dismissed without prejudice allegations that DevCore Charlotte vi= olated provisions of the Real Estate License Law and Commission rules. DevCore Charlotte neither admitted nor denied miscond= uct.

JOHN R. DIMIER, JR. (Charlotte) – By Consent, the Commission suspended the broker license of Mr= . Dimier for a period of three years effective February= 15, 2010. The Commission found that Mr. Dimier acte= d as an agent in a transaction in which his client appointed him to act under the client’s power of attorney, and that prior to purchasing the property himse= lf, the client entered into a contract for deed and sold the property to another buyer. The Commission also found that Mr. Dimier entered into a lease agreement on behalf of his client in which the client leased the property to the buyer with a rental period that began prior to the client taking title or possession of the property. The Commiss= ion further found that Mr. Dimier’s client obtained= a loan to purchase the property but Mr. Dimier fa= iled to disclose that the client had sold the property before obtaining the loan= and the client’s agreement with his lender included a due on sale clause; and t= hat Mr. Dimier signed all documentation for his cli= ent, selling the property in violation of the due on sale clause without the con= sent of the lender.

E. K. PROPERTY MANAGEMENT, INC. (Wilmington) – The Commission revoked the firm license of E. K. Property Management effective May 26, 2011. The Commission found that E. K. Property Management failed to remit ren= ts and security deposit monies belonging to its landlord clients during 2007 and 2= 008. The Commission also found that E. K. Property Management failed to maintain money belonging to its clients and tenants in a trust or escrow account; failed to make trust account and transactional records available for inspection by the Commission; failed to properly maintain trust accounts for the funds held for others; and that its qualifying broker and broker-in-charge converted money belonging to its cli= ents and tenants to personal use.

OSCEOLA WILLIAM ELLISS, III (Jacksonville) – By Consent, the Commiss= ion reprimanded Mr. Ellis effective October 1, 2011. The Commission found that = Mr. Elliss, as broker-in-charge, delegated bookkeeping fo= r property management to a licensed broker employed by the firm and the books were fil= led with inaccuracies and bad data, which failed to substantially comply with Commission rules. The Commission also found that some of the problems relat= ed to the bookkeeping stemmed from the failure to ensure that all monies recei= ved were deposited within three banking days of receipt.

FEATURED PROPERTIES LLC (Raleigh) - The Commission accepted the voluntary surrender of the broker license of Featur= ed Properties for a period of 18 months effective August 15, 2011. The Commiss= ion dismissed without prejudice allegations that Featured Properties had violat= ed provisions of the Real Estate License Law and Commission rules. Featured Properties LLC neither admitted nor denied misconduct.

JACK T. FLEMING (Eden) – By Consent, the Commission suspended the br= oker license of Mr. Fleming for a period of one year effective July 1, 2011. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Mr. Fleming, acting as broker-in-charge of a sole proprietorship conducting brokerage and property management services, faile= d to reduce management agreements to writing, failed to maintain trust account records in accordance with Commission rules, failed to designate homeowner association accounts as trust accounts, and had an unexplained overage in o= ne account.

MICHAEL J. FOLEY (Charlotte) – By Consent, the Commission permanently revoked the broker license of Mr. Foley effective December 9, 2010. The Com= mission found that Mr. Foley pled guilty to a Bill of Information in U.S. District Court alleging wire fraud, mail fraud, bank fraud, and making false stateme= nts in relation to a loan. The Commission also found that Mr. Foley admitted th= at between 2005 and 2008 he participated in a mortgage fraud scheme in which he facilitated kickback payments from builders to buyers that were not disclos= ed on the HUD-1 settlement statements in the transactions. Finally, the Commis= sion found that in certain transactions, false information was provided to the lenders as part of the loan package.

JOSEPH S. GANN (Gastonia) – By Consent, the Commission revoked the broker license of Mr. G= ann effective August 10, 2011. The Commission found that Mr. Gann, acting as listing agent for Real Estate Owned (REO) properties and responsible for th= eir repair and preparation for sale, created false or manipulated invoices and = fake checks showing payment to give to the bank as evidence for services alleged= ly provided at the listed properties, such as for landscaping. The Commission = also found that Mr. Gann, when paid by the bank, paid the true fee to the provid= er and pocketed the remaining balance over what was owed. The Commission furth= er found that Mr. Gann deliberately failed to list REO properties in the Multi= ple Listing Service to allow him to give relatives and friends an opportunity to purchase the property without competition, received compensation for provid= ing selected buyers this opportunity, and failed to disclose the compensation in the listing agreement or on the HUD-1 settlement statement prepared at clos= ing.

MATTHEW PATRICK GARRETT (Raleigh) – The Commission accepted the permanent voluntary surrender of the broker license of Mr. Garrett effective June 22, 2011. The Commission dismissed without prejudice allegations that = Mr. Garrett violated provisions of the Real Estate License Law and Commission rules. Mr. Garrett neither admitted nor denied misconduct.

BONNIE W. HOWARD (Wilson) – By Consent, the Commission revoked the broker license of Ms. Howard effective = June 8, 2011. The Commission found that Ms. Howard failed to turn over security deposits or leases to a licensee who took over properties previously manage= d by Ms. Howard. The Commission also found that Ms. Howard deposited some securi= ty deposits into her own personal account, assisted an unlicensed property management firm in handling property management, and failed to provide trust account records requested by the Commission.

INVESTORS REAL ESTATE OF WNC, INC. (Maggie Valley)= – By Consent, the Commission revoked the firm license of Investors Real Estate of WNC effective October 12, 2011. The Commission found that Investors Real Es= tate of WNC received $25,000 from a buyer-principal to invest in a mobile home a= nd land package; the transaction did not close and Investors Real Estate of WNC converted $15,000 of the buyer’s money to its own use and refunded only $10,000. The Commission further found that Investors Real Estate of WNC manufactured agency documents in order to confuse and mislead. The Commissi= on finally found that Investors Real Estate of WNC received $1,000 in earnest money from another principal-buyer submitting an offer to purchase and, when the transaction did not close, wrongfully refused to refund the earnest mon= ey to the buyer.

BRANDON DANIEL JACKSON (Charlotte) – By Consent, the Commission reprimanded Mr. Jackson effective October 1, 2011. The Commission found that Mr. Jackson, acting as a broker-in-charge, negligently allowed an inactive licensee to conduct brokerage services from October 7, 2009 through March 1= 6, 2010.

JAS REALTY, INC. (Raleigh) - By Consent, the Commission revoked the firm license of JAS Realty effective September 1, 2011. The Commission found that JAS Realty sold a property own= ed by its broker-in-charge, indicating on the contract that the buyer was payi= ng a $5,800 earnest money deposit, but failed to collect the deposit and its broker-in-charge provided the buyer with funds from the firm’s operating account for use as the earnest money deposit. The Commission also found that JAS Realty failed to deposit the funds into a trust account and failed to disclose to the lender that the deposit was not paid to the seller. The Commission finally found that a review of JAS Realty’s trust account records showed them to be incomplete.

DOUGLAS G. JONES (Charlotte) – The Commission revoked the broker lice= nse of Mr. Jones effective April 7, 2011. The Commission found that Mr. Jones, acting as a principal, qualifying broker and broker-in-charge of a real est= ate brokerage firm, served as broker and rental agent for rental property and failed to respond within 14 days to a Commission Letter of Inquiry arising = from a complaint by the landlord client of the property. The Commission also fou= nd that Mr. Jones failed to competently account for monies coming into his possession which belonged to his landlord client, failed to make trust acco= unt records available for inspection by the Commission, and failed to maintain trust records for the minimum required period of three years.

KARYN M. JONES (Charlotte) – The Commission accepted the permanent voluntary surrender of the broker license of Ms. Jones effective October 12, 2011. The Commission dismissed without prejudice allegations that Ms. Jones violated provisions of the Real Estate License Law and Commission rules.

ELLIE JEAN KELLER (Castle Hayne) – The Commission revoked = the broker license of Ms. Keller effective May 26, 2011. The Commission found t= hat Ms. Keller, acting as qualifying broker and broker-in-charge of a real esta= te property management firm, failed to remit rents and security deposit monies belonging to her landlord clients during 2007 and 2008. The Commission also found that Ms. Keller converted money belonging to her clients and tenants = to her own use; failed to maintain money belonging to her clients and tenants = in a trust account; and failed to make trust account and transactional records available for inspection by the Commission. The Commission also found that = Ms. Keller failed as broker-in-charge to properly maintain trust accounts for t= he funds held for others. Finally, the Commission found that Ms. Keller obtain= ed a real estate license by fraud in 2002 by falsely representing to the Commiss= ion that she had not been convicted of a criminal offense when, in fact, she had been convicted of the criminal offense of driving while impaired in 1997.

KIMBERLY ANN LOPERT (Fuquay Varina) – The Commission revoked the br= oker license of Ms. Lopert effective May 19, 2011. T= he Commission found that Ms. Lopert pled guilty to charges filed by the Wake County Sheriff’s Office and was convicted of C= ommon Law Forgery and Common Law Uttering in connection with forged le= gal correspondence, an altered bank statement, and altered email printout. The Commission also found that Ms. Lopert pled guil= ty to charges by the Garner Police Department and was convicted of two counts of = Obtaining Property by False Pretenses, two counts of Forgery of Instrument, and two counts of Uttering Forged Instrument. The Commission further found that Ms. Lopert was sentenced to a period= of incarceration of 6 to 8 months, which was suspended, and that Ms. Lopert was placed on supervised probation for a perio= d of 36 months and ordered to pay court costs and restitution in the amount of $1,224.45.

WOODWARD H. MCKEE (Asheville) – By Consent, the Commission revoked the broker license of Mr. McKee effective October 12, 2011. The Commission found that Mr. McKee, as broker-in-charge of a real estate broke= rage firm, charged approximately $60,000 in real estate commissions to a real es= tate limited partnership prior to the closing of the applicable transactions. The Commission also found that some of the transactions involved did not ultima= tely close and the funds paid by the limited partnership had to be reimbursed an= d in fact have been reimbursed.

MIKE FOLEY, INC. (Charlotte) – By Consent, the Commission permanently revoked the firm license of Mike Foley, Inc, effective December 9, 2010. The Commission found that Mike Foley, Inc., between 2005 and 2008, acted as an agent in a series of transactions in which homebuilders paid hidden kickbac= ks to buyers and promoters who recruited buyers for homes that could not be so= ld at the desired prices. The Commission also found that Mike Foley, Inc., facilitated the kickback payments to the buyers, wh= ich were not disclosed to the lenders in the transactions.

CRAIG RANDOLPH MILLS (Kinston) – By Consent, the Commission revoked the broker license of Mr. Mills effective November 1, 2011. The Commission found that Mr. Mills was convicted of Misdemeanor Possession = of Drug Paraphernalia in Lenoir County and failed to report this convictio= n to the Commission. The Commission also found that Mr. Mills submitted various invoices to his employing broker for expense reimbursement; the invoices we= re false.

MOLLOY & ASSOCIATES (Raleigh) – By Consent, the Commission reprimanded the firm of Molloy & Associates effective June 22, 2011. The Commission found in a spot audit that Molloy & Associates’ escrow accou= nt journal and deposit tickets lacked details required by Commission rules. The Commission also found that a number of documents in Molloy & Associates’ real estate sales files were missing signatures and dates.

MARTIN G. MOLLOY (Raleigh) – By Consent, the Commission reprimanded M= r. Molloy effective June 22, 2011. The Commission found in a spot audit that M= r. Molloy’s escrow account journal and deposit tickets lacked details required= by Commission rules. The Commission also found that a number of documents in M= r. Molloy’s real estate sales files were missing signatures and dates.

JACKIE LOUISE MOORE (Charlotte) – The Commission accepted the voluntary surrender of the broker license of Ms. Moore for a period of one = year effective September 8, 2011. The Commission dismissed without prejudice allegations that Ms. Moore violated provisions of the Real Estate License L= aw and Commission rules. Ms. Moore neither admitted nor denied misconduct.<= o:p>

ANDREW K. NAGY (Davidson) – By Consent, the Commission reprimanded = Mr. Nagy effective May 1, 2011. The Commission found that Mr. Nagy, in 2010, us= ed a listed property for an improper purpose.

MARC S. PARHAM (Morganton) – By Consent, the Commission suspended t= he broker license of Mr. Parham for a period of six months effective September= 1, 2011. The Commission found that Mr. Parham, while partner, broker-in-charge= and qualifying broker of a property management firm, failed to deposit $2,300 of tenant security deposits from his old firm into the trust account of this n= ew one. The Commission also found that Mr. Parham misappropriated $1,500 of tr= ust monies for his personal use. The Commission noted that the firm reimbursed = all monies to the trust account upon discovery, so that no clients or tenants w= ere damaged.

BRENDA K. PEAK (Cary) – The Commission revoked the broker license of Ms. Peak effective June 27, 2011. The Commission found that Ms. Peak, actin= g as the listing agent for a property listed by her firm, failed to return $10,0= 00 in earnest money in timely fashion to buyers who had submitted an Offer to Purchase with an option and then decided to withdraw from the transaction as allowed by the terms of the option. The Commission further found that Ms. P= eak failed to respond to a Commission Letter of Inquiry sent in response to the buyers’ complaint and failed to provide copies of trust account records accounting for the deposit. The Commission noted that Ms. Peak did eventual= ly return the $10,000 earnest money deposit to the buyers.

CAROLYN F. PINER (Atlantic Beach) – By Consent, the Commission revoked the broker license of Ms. Piner effective Augus= t 10, 2011. The Commission found that Ms. Piner, as broker-in-charge of a firm which collected rents belonging to its landlord clients, failed to account for the monies and failed to make records of its rental trust account available for inspection by the Commission when asked = to do so.

RONALD W. PITTMAN (Fayetteville) – By Consent, the Commiss= ion revoked the broker license of Mr. Pittman effective October 12, 2011. The Commission found that Mr. Pittman, as broker-in-charge of a real estate brokerage firm, converted client money by writing checks to himself for cas= h to pay overhead at the office; the checks were drawn on the firm’s rental acco= unt for $3,195 and on the security deposit account for $3,900.

P R LAKESHORE REALTY, INC. (Lake Junaluska) - By Consent, the Commission suspended the firm license of P R Lakeshore Real= ty for a period of 12 months effective November 1, 2011. The Commission then stayed the suspensi= on for a probationary period of 24 months. The Commission found that P R Lakeshore Realty paid an individual, acting as a broker associate and whose license w= as inactive or expired from 2004 through 2010 for brokerage services in more t= han 30 transactions. The Commission also found that the individual provided a b= uyer agent with the license number of the broker-in-charge of P R Lakeshore Real= ty to conceal the fact that the individual was not licensed. The Commission further found that P R Lakeshore Realty failed to make certain that broker associates with the firm were properly licensed even after the Commission notified the firm that no licensed person by the individual’s name was asso= ciated with it.

AMY MARIE PUGH (High Point) – By Consent, the Commission revoked the broker license of Ms. Pugh effective August 10, 2011. The Commission found = that Ms. Pugh was terminated from employment at a property management company for making improper ledger entries and giving concessions to family members and friends, e.g., not charging pet fees, manipulating water bills, reducing deposits from people known to be a substantial credit risk, and allowing la= te and partial payments from family members. The Commission also found that Ms. Pugh was terminated from employment with another company managing an apartm= ent complex after unlawfully evicting a tenant.

SALLY K. RANSFORD (Chapel Hill) – By Consent, the Commissi= on reprimanded Ms. Ransford effective June 11, 201= 1. The Commission found that Ms. Ransford, listing age= nt for a residential property, adhered to the judgment of her broker-in-charge and failed to disclose to buyers a flood zone survey obtained by former prospec= tive buyers that revealed it was in an “A” flood zone; instead Ms. Ransford disclosed only a conflicting flood hazard re= port by the Federal Emergency Management Agency that it was in a “C” flood zone,= not requiring flood insurance. The Commission found that after purchase of the property by the buyers, for whom Ms. Ransford’s= firm served as dual agent, the buyers discovered the property was in an “A” flood zone, needed flood insurance, and that they could not make any additions to= the residence because of the Resource Conservation District. The Commission not= ed that, in light of the foregoing, Ms. Ransford, = the broker-in-charge, and the brokerage firm, without admitting liability, ente= red in a civil suit settlement with the buyers; the buyers have communicated to= the Commission that the civil matter was resolved to their satisfaction.

MARY S. RAWLS (Swansboro) – By Consent, the Commission suspended the broker license of Ms. Rawls for a period of one year effective May 1, 2011. The Commission then stayed the suspension for a probationary period of two years. The Commission found that Ms. Rawls, doing business through her own firm, hired a bookkeep= er with responsibility to make deposits and enter them in the firm’s trust acc= ount software, but failed to create a series of controls within the firm to safeguard cash payments by tenants; approximately $10,000 in cash proceeds received were not deposited into the firm’s accounts. The Commission also f= ound that Ms. Rawls failed to review reconciliations to compare cash receipts to deposit items to be sure all cash was being deposited. The Commission noted that Ms. Rawls has since reimbursed the trust account and the account is now reconciled and balanced.

WILLIE B. ROBERTSON (Louisburg) – By Consent, the Commission suspended the broker license of Mr. Robertson for a period of three years effective April 1, 2011. The Commission then stayed the suspension on certa= in conditions. The Commission found that Mr. Robertson, as qualifying broker a= nd broker-in-charge of a real estate brokerage firm, failed to maintain the fi= rm’s trust account according to Commission rules; an inspection showed deficit spending, use of the trust account to hold earned commissions, unaccounted petty cash withdrawals, and a shortage of approximately $14,000. The Commis= sion also found that Mr. Robertson had not overseen the maintenance of the trust account and related records leading to difficulty in ascertaining ownership= of funds. The Commission noted that the trust account has been funded and no clients have lost money.

PHYLLIS O. ROBINSON (Lake Junaluska) – By Consent, the Commission suspended the broker license of Ms. Robinson for= a period of 12 months effective November 1, 2011. Thirty days of the suspension are active with the remainder stayed f= or a probationary period of 24 months. The Commission found that Ms. Robinson pa= id an individual, acting as a broker associate and whose license was inactive = or expired from 2004 through 2010 for brokerage services in more than 30 transactions. The Commission also found that the individual provided a buyer agent with Ms. Robinson’s license number to conceal the fact that the individual was not licensed. The Commission further found that Ms. Robinson= , as broker-in-charge of a real estate brokerage firm, failed to make certain th= at broker associates with the firm were properly licensed even after the Commission notified Ms. Robinson that the no licensed person by the individual’s name was associated with Ms. Robinson’s firm.

PATRICIA RUNNING (Wilmington) – By Consent, the Commission revoked the broker license of Ms. Running effective June 22, 2011. The Commission found that Ms. Running, broker-in-charge of a real estate brokerage firm, permitted an expired brok= er to conduct real estate brokerage and to maintain her firm’s banking and tru= st accounts. The Commission also found that Ms. Running failed to properly supervise the broker in her bookkeeping, failed to maintain and retain trust account reco= rds, and failed to safeguard the funds she held that belonged to others.

LEONARD K. SANDERSON (Whiteville) – = By Consent, the Commission reprimanded Mr. Sanderson effective May 1, 2011. The Commission found that Mr. Sanderson pled guilty to misdemeanor obstruction = of justice, was sentenced to 10 days, suspended, and placed on 2 years unsupervised probation.

RICKY L. SIMPSON (Raleigh) – By Consent, the Commission revoked the broker license of Mr. Simpson effective September 1, 2011. The Commission found that Mr. Simpson, acting as qualify= ing broker and broker-in-charge of a real estate brokerage firm, sold two investment properties to a buyer, noted on the sales contracts that earnest money deposit funds were received from the buyer to be held in escrow, and wrote checks equaling the earnest money deposits to the buyer, which the bu= yer thereafter returned by official bank check to Mr. Simpson. The Commission a= lso found that Mr. Simpson failed to disclose to the lender that the earnest mo= ney deposit was paid by the seller, provided the closing funds noted as received from the buyer on the settlement statement, and promised the buyer that he would find tenants for the properties but failed to do so leading the properties to be foreclosed. Finally, the Commission found that a review of= Mr. Simpson’s trust account records showed his records to be incomplete.

SMART CHOICE REALTY LLC (Charlotte) – By Consent, the Commission permanently revoked the firm license of Smart Choice Realty effective Decem= ber 9, 2010. The Commission found that Smart Choice, between 2005 and 2008, act= ed as an agent in a series of transactions in which homebuilders paid hidden kickbacks to buyers and promoters who recruited buyers for homes that could= not be sold at the desired prices. The Commission also found that Smart Choice Realty facilitated the kickback payments to the buyers, which were not disclosed to the lenders in the transactions.

PAMELA Z. SMOAK (Saluda) - By Consent, the Commission rev= oked the broker license of Ms. Smoak effective June = 8, 2011. The Commission found that Ms. Smoak, acti= ng as bookkeeper of a real estate brokerage firm during 2006 and 2007, took money from the firm and converted it to her own use.

SOUTHEASTERN PROPERTY GROUP, LLC (Holly Springs) – The Commission accepted the permanent voluntary surrender of the broker license of Southeastern Property Group effective October 19, 2010. The Commission dismissed without prejudice allegations that Southeastern Property Group violated provisions of the Real Estate License Law and Commission rules. Southeastern Property Group neither admitted nor denied misconduct.

SPOUSES, INC. (Wilmington) – By Consent, the Commission suspended the firm license of Spouses, Inc., for a period of 36 months effective May 1, 2011. The Commiss= ion then stayed the suspension for a probationary period of 36 months. The Commission found that Spouses, Inc., acting as broker and property manager = for firms which disposed of foreclosed residential property, procured clean-out services based upon competitive bids from independent contractors and that,= in certain instances, Spouses, Inc. obtained bids from persons related by marr= iage to its broker-in-charge without first obtaining formal written consent from= its client. The Commission also found that Spouses, Inc., in other instances, created invoices which appeared to be prepared by the contractor when, in f= act, the invoices were not prepared by the contractor. Spouses, Inc., neither admitted nor denied the facts or conclusion= s of the Commission set out in the Consent order, but nevertheless consented to = the suspension of its firm license as provided in the order.<= /p>

ANNETTE N. STEWART (Brevard) – By Consent, the Commission suspended the broker license of Ms. Stewart for a period of one year effect= ive October 1, 2011. The Commission then stayed the suspension for a probationa= ry period of one year. The Commission found that Ms. Stewart established a corporation and began selling and managing properties through the corporati= on without obtaining a firm broker license for the entity but ceased operating= the corporation when informed that it needed to be licensed. The Commission also found that Ms. Stewart failed to keep trust account records in accordance w= ith Commission rule and deposited rents and security deposits into her personal savings account rather than a properly designated trust or escrow account. = The Commission further found that Ms. Stewart failed to timely remit a security deposit to an owner-client following termination of their property manageme= nt agreement but did pay the owner the funds due.

DUSTIN B. STILES (Marble) – The Commission permanently revoked the br= oker license of Mr. Stiles effective July 25, 2011. The Commission found that Mr. Stiles accepted an offer for the sale of his personal property with closing= set for August 29, 2008, but failed to disclose to the listing agent and the bu= yer a foreclosure notice from the primary lender served on Mr. Stiles on July 2= 9, 2008, an IRS tax lien for approximately $9,700, and a $20,000 home equity l= oan secured by the property. The Commission also found that Mr. Stiles misrepresented to the listing agent that the $20,000 home equity loan was a personal loan and not secured by the property, when in fact it was. The Commission further found that Mr. Stiles failed to update the Residential Property Disclosure Form signed November 24, 2007 and therefore misrepresen= ted to the buyer that there were no outstanding liens or foreclosure actions th= at could affect title to the property when he knew that there were. The Commis= sion finally found that Mr. Stiles failed to respond to three Letters of Inquiry from the Commission within 14 days and in later responses provided incomple= te information that did not constitute full and fair disclosure.

SUNNY SHORES, INC. (Pine Knoll Shores) – By Consent, the Commission revoked the firm license of Sunny Shores effective August 10, 20= 11. The Commission found that Sunny Shores, which collected rents belonging to = its landlord clients, failed to account for the monies and failed to make recor= ds of its rental trust account available for inspection by the Commission when asked to do so.

HILTON L. TETTERON, JR. (Atlantic Beach) – By Consent, the Commis= sion revoked the broker license of Mr. Tetterton eff= ective June 30, 2011. The Commission found that Mr. Tetterton= , as qualifying broker and broker-in-charge of his licensed firm, converted f= irm trust monies to other uses in several incidents over several years and fail= ed to maintain its trust accounts in accordance with Commission rules. The Commission noted that Mr. Tetterton repaid the = funds into the trust account.

TARA PROPERTIES, INC. (Charlotte) – By Consent, the Commission permanently revoked the broker license of Tara Properties effective October= 12, 2011. The Commission found that Tara Properties, between 2005 and 2008, participated in a mortgage fraud scheme in which it agreed to pay buyers and promoters who recruited buyers to purchase its homes hidden kickbacks. The Commission also found that Tara Properties did not disclose these kickbacks= on the closing statements or to the lenders involved.

TETTERTON MANAGEMENT GROUP, INC. (Atlantic Beach) – By Consent, the= Commission revoked the firm license of Tetterton Management Group effective June 30, 2011. The Commission found that Tetterton Management Group’s broker-in-charge converted firm trust monies to other us= es in several incidents over several years and the firm failed to maintain its trust accounts in accordance with Commission rules. The Commission noted th= at the broker-in-charge repaid the funds into the trust account.

THE HOPE REALTY GROUP, LLC (Charlotte) – The Commission revoked the firm license of The Hope Realty Group effective August 1, 2011. The Commiss= ion found that The Hope Realty Group, which engaged in the property management business, failed to maintain and was unable to produce transaction files, t= rial balances, and reconciliations as required by the Commission. The Commission also found that The Hope Realty Group trust account records obtained by the Commission revealed liabilities of $23,000 in excess of funds on deposit.

ROBERT ELLIS THOMPSON (Maggie Valley) – By Consent, the Commis= sion revoked the broker license of Mr. Thompson effective July 14, 2011. The Commission found that Mr. Thompson received $25,000 from a buyer-principal = to invest in a mobile home and land package; the transaction did not close and= Mr. Thompson converted $15,000 of the buyer’s money to his own use and refunded only $10,000. The Commission further found that Mr. Thompson manufactured agency documents in order to confuse and mislead. The Commission finally fo= und that Mr. Thompson received $1,000 in earnest money from another principal-b= uyer submitting an offer to purchase and, when the transaction did not close, wrongfully refused to refund the earnest money to the buyer.

FELICIA MARIE THROCKMORTON (Jacksonville) – By Consent, the Commiss= ion reprimanded Ms. Throckmorton effective October 1, 2011. The Commission found that Ms. Throckmorton was responsible for the property management bookkeepi= ng and that reconciliations were filled with inconsistencies and violations of Commission rules, uncleared items were shown as cleared, journal entries were adjusted to force balances, and ledger card details were incorrect.

CARL JOHN VALENTE (Wilmington) – By Consent, the Commission suspended the broker license of Mr. Valente for a period of one year effect= ive July 1, 2011. The Commission then stayed the suspension for a probationary period of one year on certain conditions. The Commission found that Mr. Valente, acting as a dual agent, helped the owner purchase and then listed a property containing three lots but failed to verify the recording of a subsequent survey of the property, which subdivided it from three lots into= two lots. The Commission also found that Mr. Valente advertised only one of the lots in the MLS and indicated that a second lot was available for purchase separately, but in preparing an offer to purchase the property, which he si= gned on behalf of his seller-client, Mr. Valente list= ed all three of the original lots in the property description. The Commission furt= her found that Mr. Valente failed to convey a copy of the executed offer to purchase and contract to his seller-client and that, at closing, the seller conveyed all three lots to the buyers; the error in the contract and closing was discovered only after the buyers expressed interest in buying the “seco= nd” lot, for which they voluntarily paid the seller $50,000.<= /p>

WHITESIDE PROPERTIES, INC. (As= heville) – By Consent, the Commission revoked the firm license of Whiteside Properti= es effective October 12, 2011. The Commission found that Whiteside Properties charged approximately $60,000 in real estate commissions to a real estate limited partnership prior to the closing of the applicable transactions. The Commission also found that some of the transactions involved did not ultima= tely close and the funds paid by the limited partnership had to be reimbursed an= d in fact have been reimbursed.

MELANIE LYNN WISE (Fayetteville) – The Commission revoked = the broker license of Ms. Wise effective June 1, 2011. The Commission found that Ms. Wise, acting as broker and rental agent for five properties, sent her landlord clients invoices for repairs which had been fabricated or altered.= The Commission also found that Ms. Wise failed to promptly account for and remit rents to her landlord clients and failed to produce her trust account recor= ds and records of repair transactions she performed on her clients’ behalf for= inspection by the Commission.

PAMELA W. WOODDELL (Wilmington) – By Consent, the Commission suspended the broker license of Ms. Wooddell fo= r a period of 36 months effective May 1, 2011. The Commission then stayed the suspension for a probationary period of 36 months. The Commission found that Ms. Wooddell, acting as qualifying broker and property manager for firms which disposed of foreclosed residential propert= y, procured clean-out services based upon competitive bids from independent contractors and that, in certain instances, Ms. Woodde= ll obtained bids from persons related by marriage to Ms. = Wooddell without first obtaining formal written consent from her client. The Commiss= ion also found that Ms. Wooddell, in other instance= s, created invoices which appeared to be prepared by the contractors when, in fact, the invoices were not prepared by the contractors. Ms. Wooddell neither admitted nor denied the facts or conclusions of the Commission set out in the Consent order, but nevertheless consented to the suspension of her broker license as provided in the order.=