Final Order Denying Loan Originator License Application

Index: OFR 2026 - 347
STATE OF FLORIDA
OFFICE OF FINANCIAL REGULATION
In Re:
DAMASO PAUL DIAZ, Case Number: 137032
Petitioner.
FINAL ORDER
The State of Florida, Office of Financial Regulation ("Office"), being authorized and directed to administer and enforce chapter 494, Florida Statutes, hereby enters this Final Order with Notice of Rights ("Final Order") as authorized by the provisions of chapters 120 and 494, Florida Statutes, against DAMASO PAUL DIAZ ("Petitioner"). FINDINGS OF FACT

1. On May 21, 2026, the Office issued a Notice of Intent to Deny Application for Loan
   Originator License Pursuant to Chapter 494, Florida Statutes ("Notice of Intent to Deny") to Petitioner, with true and correct copies furnished via regular U.S. mail to Petitioner's mailing address ofrecord and via email to Petitioner's email address of record. (Exhibit A)

2. The Notice oflntent to Deny had attached thereto a Notice of Rights, which fully advised
   Petitioner that he had twenty-one (2 I) days after the receipt of the Notice oflntent to Deny within which to petition the Office for an administrative hearing to contest the allegations set forth in the Notice of Intent to Deny, in accordance with sections 120.569 and 120.57, Florida Statutes, including the following information:
   YOUR FAILURE TO RESPOND TO THIS NOTICE WITHIN
   TWENTY-ONE (21) DAYS OF RECEIPT WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A HEARING, AND A FINAL ORDER WILL BE ENTERED WITHOUT FURTHER NOTICE.

3. To date, the Office has not received a written response or a request for hearing from
   Petitioner, and/or a claim of equitable tolling.

4. The uncontested allegations in the Notice of Intent to Deny are hereby incorporated by
   reference and adopted as Findings of Fact in this Final Order.
   CONCLUSIONS OF LAW

5. The Office is responsible for the administration and enforcement of chapter 494, Florida
   Statutes.

6. Pursuant to chapter 494, Florida Statutes, the Office has jurisdiction over the subject matter
   and Petitioner.

7. The Findings of Fact herein serve as the basis of the entry of this Final Order against
   Petitioner.

8. Section 120.569(2)(a), Florida Statutes, and Rule 28-106.111(2), Florida Administrative
   Code, require, among other things, that a response or a petition to an action which affects the substantial interests of a party be filed with the agency within 21 days of receipt of written notice of the action.

9. Pursuant to Rule 28-106.111 ( 4 ), Florida Administrative Code, the failure of Petitioner to
   timely respond to the Notice oflntent to Deny constitutes a waiver of Petitioner's right to an administrative proceeding.

10. The doctrine of equitable tolling can be applied in administrative cases when a party has
    been misled or lulled into inaction, i.e., has in some extraordinary way, been prevented from asserting his rights, or has timely asserted his rights in the wrong forum. Machules v. Dept. ofAdmin., 523 So.2d 1132 (Fla. 1988).

11. Without any evidence of equitable tolling, it is appropriate for the Offic.e to conclude there
    was none. Patz v. Dept. of Health, 864 So.2d 79, 80 (Fla. 3d DCA 2003).
    2

12. The Notice of Intent to Deny was properly addressed and mailed to Petitioner at his mailing
    address and therefore was received by Petitioner. See Brown v. Giffen Indus., Inc., 281 So.2d 897, 900 (Fla. 1973).

13. Because Petitioner failed to timely file a petition or any other document in response to the
    Notice oflntent to Deny, and/or failed to present a claim of equitable tolling, the waiver of the right to an administrative hearing by Petitioner is complete. See Patz at 80.

14. The legal conclusions that form the basis for denial as set forth in the Notice of Intent to
    Deny, being uncontested by Petitioner, are accepted as true and correct and are adopted by the Office as Conclusions of Law for purposes of this Final Order.

15. Petitioner's waiver of the right to a hearing, taken together with the Findings of Fact and
    Conclusions of Law adopted herein, constitute sufficient grounds to deny Petitioner's license application. Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby ORDERED:
    Petitioner's application for a license as a Loan Originator pursuant to chapter 494, Florida Statutes, is hereby DENIED. DONE and ORDERED this _rf_day of July, 2026, in Tallahassee, Leon County, Florida. Commissioner 3

NOTICE OF RIGHTS
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK FOR THE OFFICE OF FINANCIAL REGULATION AS FOLLOWS:
By Mail. Facsimile or Email
Agency Clerk
Office of Financial Regulation
Office of General Counsel
P.O. Box 8050
Tallahassee, FL 32314-8050
Phone: (850) 410-9889
Fax: (850) 410-9663
Email: Agency.Clerk@flofr.gov
OR By Hand Deliverv
Agency Clerk
Office of Financial Regulation
Office of General Counsel
The Fletcher Building
101 East Gaines Street
Tallahassee, FL 32399
Phone: (850) 410-9889
A COPY OF THE NOTICE OF APPEAL, ACCOMPANIED BY THE FILING FEES AS REQUIRED BY LAW, MUST ALSO BE FILED WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, 2000 DRAYTON DRIVE, TALLAHASSEE, FLORIDA 32399-0950, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITH BOTH THE AGENCY CLERK FOR THE OFFICE OF FINANCIAL REGULATION AND THE DISTRICT COURT OF APPEAL WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. 4

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished to DAMASO PAUL DIAZ via U.S. Mail at 5401 E. Van Buren St., Unit 3002, Phoenix, AZ 85008 and by email at domdiaz@barrettfinancial.com on this /,4=J-Jy of July, 2026. o · Tallahasse , • 4-8050 Email: cy.Clerk@flofr.gov Tel: (850) 410-9889 5

Commissioner Russell C. Weigel, III
DAMASO PAUL DIAZ
5401 E. Van Buren St., Unit 3002
Phoenix, AZ 85008 domdiaz@barrettfinancial.com May 20, 2026 Exhibit A VIA U.S. MAIL, CERTIFIED MAIL, AND ELECTRONIC MAIL RE: Notice of Intent to Deny Application for Loan Originator License Pursuant to
Chapter 494, Florida Statutes
NMLS No.: 1566138
File No.: 163134
OFR Case No.: 137032
NOTICE IS HEREBY GIVEN that pursuant to sections 494.0011, 494.00255, 494.00312, 494.00313, and 120.60, Florida Statutes, and Rule 69V-40.00112, Florida Administrative Code, the State of Florida, Office of Financial Regulation ("Office"), by this letter intends to deny Damaso Paul Diaz's application for licensure as a loan originator in the State of Florida. The reasons for the denial are as follows:
FINDINGS OF FACT

1. Damaso Paul Diaz ("Applicant") has submitted an application for licensure as a loan
   originator. The application was received on December 5, 2025, and deemed complete on February 21, 2026.
2. Damaso Paul Diaz was found guilty of Felony Endangerment in Maricopa County,
   Arizona, on May 24, 2017.
3. Damaso Paul Diaz was found guilty of Felony Aggravated Driving or Actual Physical
   Control While Under the Influence oflntoxicating Liquor or Drugs ("Felony DUI"), in Maricopa County, Arizona, on December 6, 201 7.
4. When asked in the loan originator application, Form MU4 - Question (F)(l), "Have
   you ever been convicted or pied guilty or nolo contendere ('no contest') in a domestic, foreign, or military court to any felony?" Diaz answered "Yes" and disclosed the felony DUI but failed to disclose the felony endangerment charge. Florida Office ofFinancial Regulation www.flofr.gov 200 East Gaines Street, Tallahassee, Florida 32399-0370 (850) 487-9889 •FAX (850) 410-9663

CONCLUSIONS OF LAW
5. Section 494.0011, Florida Statutes, provides that the Office has jurisdiction over loan
originators and is responsible for the administration and enforcement of the provisions of chapter 494, Florida Statutes.
6. Pursuant to section 494.0025(1), Florida Statutes, a person may not act as a loan
originator in this state unless licensed pursuant to part II, chapter 494, Florida Statutes.
7. Pursuant to section 494.001(18), Florida Statutes, "loan originator" means an
individual who, directly or indirectly, solicits or offers to solicit a mortgage loan, accepts or offers to accept an application for a mortgage loan, negotiates or offers to negotiate the terms or conditions of a new or existing mortgage loan on behalf of a borrower or lender, or negotiates or offers to negotiate the sale of an existing mortgage loan to a noninstitutional investor for compensation or gain. The term includes an individual who is required to be licensed as a loan originator under the S.A.F.E. Mortgage Licensing Act of 2008.
8. Pursuant to section 494.00312( 4)(a), Florida Statutes:
The office shall issue a loan originator license to each person who is not otherwise ineligible and who meets the requirements of this section. However, it is a ground for denial of licensure if the applicant:
(a) Has committed any violation specified in this chapter, or is the subject of a pending felony criminal prosecution or a prosecution or an administrative enforcement action, in any jurisdiction, which involves fraud, dishonesty, breach of trust, money laundering, or any other act of moral turpitude.
9. Pursuant to Rule 69V-40.00112(1), Florida Administrative Code, as part of the
application review process, the Office is required to consider an applicant's law enforcement record when deciding whether to approve an application for licensure as a loan originator.
10. Pursuant to sections 494.00255(1)0) and (2)(d), Florida Statutes, the Office may deny
a license to an applicant who was convicted of, or entered a plea of guilty or nolo contendere regardless of adjudication, to any felony, or any crime involving fraud, dishonesty, breach of trust, money laundering, or act of moral turpitude.
11. Pursuant to Rule 69V-40.00112(2), Florida Administrative Code:
(a) The Office makes a general classification of crimes into four classes: A, B, C, and Das listed in subsections (13), (14), (15), and (16) of this rule. 2

(b) These classifications reflect the Office's evaluation of various crimes in terms of moral turpitude and the seriousness of the crime as such factors related to the prospective threat to public welfare typically posed by a person who would commit such a crime.
12. Pursuant to Rule 69V-40.00112(15), Florida Administrative Code, Class "C" Crimes
include all felonies not Class "A" or Class "B" Crimes.
13. Pursuant to Rule 69V-40.00112(3), Florida Administrative Code:
(3) Effect on Licensure of Commitment of Single Crime. The Office finds it necessary to implement the following standards for applications with a relevant person whose law enforcement record includes a single crime, subject to the mitigating factors set forth in this rule before licensure ... ( c) Class C Crime. The applicant will not be granted a license until 7 years have passed since the trigger date.
14. Pursuant to Rule 69V-40.00112(2)(f), Florida Administrative Code, "trigger date"
means the date the applicant was found guilty, pied guilty, or pied nolo contendere to a crime.
15. Pursuant to Rule 69V-40.00112( 4 ), Florida Administrative Code, regarding applicants
who have committed multiple crimes:
(a) The Office requires that applications with a relevant person whose law enforcement record includes multiple class "B," "C," or "D," crimes, or any combination thereof, wait longer than those whose law enforcement record includes only a single crime before becoming eligible for licensure in order to assure that such applicant's greater inability or unwillingness to abide by the law has been overcome. Therefore, the Office finds it necessary that a longer disqualifying period be utilized in such instances, before licensure can safely be granted. Accordingly, where the relevant person has been found guilty or pied guilty or pled nolo contendere to more than one crime, the Office shall add 5 years to the disqualifying period for each additional crime. (b) The additional periods are added to the disqualifying period for the most serious class "B," "C," or "D," crime, and the combined total disqualifying period then runs from the trigger date of the most recent class "B," "C," or "D," crime.
16. Pursuant to Rule 69V-40.00112(3)(c), Florida Administrative Code, Applicant is
subject to the seven (7) year disqualifying period for the Class "C" crime of Felony Endangennent, and the combined total disqualifying period then runs from the trigger 3

date of the most recent crime, the Felony DUI, pursuant to Rule 69V-40.00112(4), Florida Administrative Code.
17. Pursuant to Rule 69V-40.00112(2)(d), Florida Administrative Code, December 6,
2017, the date Applicant was found guilty of the most recent crime of Felony DUI, is the applicable trigger date.
18. Pursuant to Rule 69V-40.00112(4)(a) & (b), Florida Administrative Code, Applicant's
disqualifying period of seven (7) years for the Class "C" crime of Felony Endangerment shall have five (5) years added to it for the Class "C" crime of Felony DUI for a combined total disqualifying period of 12 years, to run from the trigger date of December 6, 201 7.
19. Accordingly, grounds exist to deny Applicant a loan originator license, pursuant to
sections 494.00255(1)0) and (2)(d), Florida Statutes, section 494.00312(4)(a), Florida Statutes, Rule 69V-40.00112(3)(c) and (d), (4)(a) and (b), (15) and (16), Florida Administrative Code.
20. Because Applicant was found guilty of Felony Endangerment on May 24, 2017 and
guilty of Felony DUI on December 6, 2017, in Maricopa County, Arizona, pursuant to Rule 69V-40.00112(3)(a), Florida Administrative Code, grounds exist to deny his loan originator application pursuant to sections 494.00312( 4)(a), 494.00255(1 )G) and (2)( d), Florida Statutes.
21. Additionally, pursuant to section 494.00255(1)(s), Florida Statutes, the Office may
deny a license to an applicant who has made a material misstatement or omission of fact on an initial or renewal filing.
22. Applicant made a material misstatement or omission of fact on an initial or renewal
filing, therefore, grounds exist to deny his loan originator application pursuant to
section 494.00255(1)(s), Florida Statutes.
The facts stated herein are grounds for denial of your application based on the above enumerated provisions of chapter 494, Florida Statutes. Accordingly, by this letter the Office of Financial Regulation hereby intends to deny the application of Applicant for licensure as a loan originator. [this space intentionally left blank Notice of Rights appearing on the following page J 4

NOTICE OF RIGHTS
Please be advised that pursuant to sections 120.569 and 120.57, Florida Statutes, you may request a hearing to contest this action by the Office. Requests for such a hearing must comply with the provisions of Rule 28-106.104(2), Florida Administrative Code, Rule 28-106.201, Florida Administrative Code, or Rule 28-106.301, Florida Administrative Code, and must be filed with:
By Mail or Email
Agency Clerk
Office of Financial Regulation
P.O. Box 8050
Tallahassee, Florida 32314-8050
Phone: (850) 410-9889
Agency.Clerk@flofr.gov
OR
By Hand Delivery
Agency Clerk
Office of Financial Regulation
General Counsel's Office
The Fletcher Building
101 East Gaines Street
Tallahassee, Florida 32399-0379
Phone: (850) 410-9889
Your request must be filed within twenty-one (21) days of the date ofreceipt of this Notice of Intent to Deny. At any time prior to the expiration of the 21 days. you may withdraw your application for a loan originator license through the Nationwide Multistate Licensing System and by notif ing the Office in writing. Submit our written withdrawal notice to Damaris E. Revnolds. Assistant General counsel, P.O. Box 8050. Tallahassee. FL 32314-8050. In the event that you withdraw your application. no license will be issued. YOUR FAILURE TO RESPOND TO THIS NOTICE OF INTENT TO DENY WITHIN TWENTY-ONE (21) DAYS OF RECEIPT WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A HEARING, AND A FINAL ORDER WILL BE ENTERED WITHOUT FURTHER NOTICE. If you request a hearing, you will have the right to be represented by counsel or other qualified representative; to offer testimony, either written or oral; to call and cross-examine witnesses; and to have subpoenas and subpoenas duces tecum issued on your behalf. Pursuant to
section 120.573, Florida Statutes, mediation is not available.
5

NOTICE TO APPLICANTS
In accordance with the Americans with Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact the Agency Clerk no later than seven (7) days prior to the filing deadline or proceeding at the Office of Financial Regulation, The Fletcher Building, 101 East Gaines Street, Tallahassee, Florida 32399-0379, Phone Number:
(850) 410-9889, or by E-mail: agency.clerk@flofr.gov.
If you have any questions regarding any of the matters discussed in this letter, please contact Damaris, E. Reynolds, Esquire, Office of Financial Regulation, at (850) 410-9830. Sincerely, 8dt71t,,1.Uf,,, for Gregory C. Oaks Gregory C. Oaks, Director Division of Consumer Finance CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished by U.S. mail to Mr. Damaso P. Diaz, 5401 E. Van Buren St., Unit 3002, Phoenix, AZ 85008 and by email to domdiaz@barrettfinancial.com on this 21st day of May, 2026. Damaris E. Reynolds Assistant General Counsel Florida Office of Financial Regulation Office of General Counsel Fla. Bar No. 0037176 200 E. Gaines Street Tallahassee, FL 32399-0370 Telephone: (850) 410-9830 Email:Damaris.Reynolds@flofr.gov 6

Case No: 137032
Mr. Damaso Paul Diaz
5401 E. Van Buren St., Unit 3002
Phoenix, AZ 85008 domdiaz@barrettfinancial.com STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION ELECTION OF PROCEEDINGS I have received and read the Notice of Intent to Deny, including the Notice of Rights, filed by the Office of Financial Regulation ("Office") regarding the above-referenced applicant, and I am requesting disposition as indicated below. PLEASE SELECT ONLY ONE OF THE OPTIONS:
OPTION#l: D I would like to withdraw my application.
OPTION#2: D I do not request a hearing in this matter. I do not dispute any of the Office's factual allegations and application of the law as stated in the Notice of Intent to Deny. I understand that upon my waiving the right to a hearing, the Office may enter a final order denying licensure as set forth in the Notice of Intent to Deny. OPTION#3: D I do not dispute any of the Office's factual allegations but dispute the Office's conclusions of law to those factual allegations, and request disposition of this matter by informal hearing pursuant to section 120.57(2), Florida Statutes. I request to (CHECK ONLY ONE OF THE FOLLOWING 2 OPTIONS):
a. D Attend a hearing by video teleconference before a Hearing Officer appointed by the Office; OR b. D Submit a written statement with supporting documentation to a Hearing Officer appointed by the Office. OPTION #4: D I do dispute one or more of the Office's factual allegations. I request a hearing before the Division of Administrative Hearings (DOAH) pursuant to section 120.57(1), Florida Statutes. In accordance with Rule 28- 106.201(2)(d), FAC, I am attaching a copy of the material facts that I dispute. If you selected Option #3 or #4, above, and wish to engage in settlement negotiation, please check the box below:
D I am interested in settlement negotiation. I request the Office NOT refer my case for a hearing at this time. TO PRESERVE YOUR RIGHT TO A HEARING, A RESPONSE MUST BE FILED WITH THE OFFICE OF FINANCIAL REGULATION AGENCY CLERK NO LATER THAN 5:00 P.M. ON OR BEFORE THE TWENTY-FIRST DAY AFTER RECEIPT OF THE NOTICE OF INTENT TO DENY, AS FOLLOWS:

1. By email: Agency.Clerk@flofr.gov; or
2. By U.S. Mail: P.O. Box 8050, Tallahassee, Florida 32314-8050; or
3. By hand delivery: General Counsel's Office, Fletcher Bldg., 101 E. Gaines Street, Tallahassee, FL 32399.
   Signature of Applicant or Mailing Address
   Authorized Representative of Applicant
   Printed Name & Title City State Zip
   Date E-mail Address Telephone Number
   Form: OFR-GC-14 (rev. 11.19.2024)
   Page 1 of 2

Case No. 137032
Mr. Damaso Paul Diaz
5401 E. Van Buren St., Unit 3002
Phoenix, AZ 85008 domdiaz@barrettfinancial.com STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION **YOU ARE TO COMPLETE THE FOLLOWING ONLY IF YOU HAVE CHECKED OPTION #4 ON THE PRECEDING PAGE. If you need more space, you may provide additional pages. As the applicant or the authorized representative of the applicant, I am disputing the following material facts:
Signature of Applicant or Authorized Representative Date Form: OFR-GC-14 (rev. 11.19.2024)
Page 2 of2