Bulletin 1983 V14-2

Disciplinary Action

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The Real Estate Licensing Board revoked the broker's license of MARVIN E. MINTON of Nags Head for converting trust funds to his own use. The Board found that Minton "borrowed" advance rental deposits for other business purposes.

The Licensing Board revoked the salesman's license of THOMAS R. MANN of Beaufort for failing to turn over an earnest money deposit to his employing broker. Instead, Mann converted the funds to his own use.

The Licensing Board revoked the broker's license of ANNIE JOINES BOWMAN of Statesville after she was convicted in the Superior Court of Iredell County of two counts of the felony of forging endorsements on a check.

The Licensing Board suspended the broker's license of LINDA C. PARKER of Fayetteville for two years. The Board found that Parker withdrew rental income from a trust account for her own use. All funds withdrawn were restored to the account.

The Licensing Board suspended the broker's license of MERLE J. DIENSTBERGER of Fayetteville for one year. The Board found that Dienstberger provided false information to the Veterans Administration and encouraged and assisted a home purchaser to furnish false information to the VA so that the borrowers could obtain financing to which they were not entitled. The Board found that Dienstberger also arranged for secondary financing, which is normally prohibited on VA loans.

The Licensing Board suspended the broker's license of WILLIE C. HUBBARD of Trinity for one year. The Board found that Hubbard provided false information to the Veterans Administration and encouraged and assisted a home purchaser to furnish false information to the VA so that the borrowers could obtain financing to which they were not entitled. The Board found that Hubbard also arranged for secondary financing, which is normally prohibited on VA loans.

The Licensing Board suspended the broker's license of C. FRED ABERNETHY of Charlotte, formerly of Chapel Hill. Mr. Abernethy was convicted in the Superior Court of Orange County of the felony offense of obtaining property by false pretense. The license suspension will run concurrently with Mr. Abernethy's probation imposed as a result of the conviction.

The Licensing Board suspended the broker's license of BILLY E. HUFFINE of Wilmington for three years (3 months active, remainder on probation). The Board found that Mr. Huffine converted trust funds to his own use. The Board noted that all shortages in Mr. Huffine's trust account were immediately made up after the Board's audit. The Board further ordered Mr. Huffine to take its trust account course and provide the Board with quarterly statements from a CPA that his trust account is in compliance with the License Law.

The Licensing Board suspended the broker's license of DONALD R. FONVILLE of Burlington for two years. An audit of Mr. Fonville's trust account revealed shortages, and proper records of his trust account activity were not maintained as required by Board regulations.

The Licensing Board suspended the broker's license of GENE E. WARD, SR. of Eden for six months (? months active, probation for two years). The Board found that Mr. Ward issued a check drawn on his trust account which was returned for insufficient funds, and a subsequent audit of his trust account revealed shortages. The Board further ordered Mr. Ward to take its trust account course.

The Licensing Board suspended the broker's license of ALASKA H. PRESLEY of Maggie Valley for two years (2 months active, remainder on probation). The Board found that Presley sold a motel without disclosing to the purchasers all material facts concerning her previous ownership of the property.

The Licensing Board suspended the broker's license of DAVID M. McKINNON of Charlotte for one week. He was also placed on probation for two years. McKinnon did not contest allegations that he procured "straw buyers" for property, who purchased it upon favorable financing terms available only to owner-occupants. The purchasers did not occupy the property and rented it or listed it for resale.

The Licensing Board suspended the salesperson's license of MIRIAM P. WALLACE of Charlotte for one week. She was also placed on probation for two years. Wallace did not contest allegations that she procured "straw buyers" for property, who purchased it upon favorable financing terms available only to owner-occupants. The purchasers did not occupy the property and rented it or listed it for resale.