Final Order Denying Loan Originator License Application

Index: 0£={2. Wl/JJ -1.kB STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION In Re: DAMIAN VICTOR CASTELLANOS, Case Number: 136626 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 DAMIAN VICTOR CASTELLANOS ("Petitioner"). FINDINGS OF FACT

1. On April 8, 2026, the Office issued a Notice ofintent 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 U.S. certified mail to Petitioner's mailing address ofrecord and via email to Petitioner's email address ofrecord. (Exhibit A)
2. The Notice of Intent to Deny had attached thereto a Notice of Rights, which fully advised Petitioner that he had twenty-one (21) days after the receipt of the Notice ofintent to Deny within which to petition the Office for an administrative hearing to contest the allegations set forth in the Notice oflntent to Deny, in accordance with sections 120.569 and 120.57, Florida Statutes, including the following information: YOUR FAILURE TO RESPOND TO THIS NOTICE OF INTENT TO DENY WITHIN TWENTY-ONE (21) DAYS OF RECEIPT WILL

CONSTITUTE A W AIYER 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 oflntent 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 of Intent 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. of Admin., 523 So.2d 1132 (Fla. 1988).

11. Without any evidence of equitable tolling, it is appropriate for the Office to conclude there was none. Patz v. Dept. of Health, 864 So.2d 79, 80 (Fla. 3d DCA 2003).
12. The Notice of Intent to Deny was properly addressed and mailed to Petitioner at his mailing address and via his electronic mail address, 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 of Intent 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 his rights 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 22.~day of May, 2026, in Tallahassee, Leon County, Florida. Rus Co

NOTICE OF RIGHTS A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO WDICIAL 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 Delivery 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.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished to Damian Victor Castellanos via U.S. Mail at 6281 NW 198 Terrace, Hialeah, Florida 33015, and via electronic mail at Dvcastellanos1184@gmail.com0n this ; of May, 2026. Office of Financial Regulation Post Office Box 8050 Tallahassee, FL 32314-8050 Email: Agency.Clerk@flofr.gov Tel: (850) 410-9889

Damian Victor Castellanos 6281 NW 198 Terrace Hialeah, Florida 33015 Commissioner Russell C. Weigel, III April 8, 2026 Dvcastellanos 1 l 84@gmail.com VIA U.S. CERTIFIED MAIL AND ELECTRONIC MAIL EXHIBIT A RE: Notice of Intent to Deny Application for a Loan Originator License Pursuant to chapter 494, Florida Statutes NMLS No.: 1750992 Transaction No. 829974 OFR Case No.: 136626 NOTICE IS HEREBY GIVEN that pursuant to sections 494.0011, 494.00255, and 120.60, Florida Statutes, the State of Florida Office of Financial Regulation ("Office"), by this letter intends to deny your application for licensure as a loan originator in the State of Florida. The reasons for the denial are as follows: FINDINGS OF FACT

1. On November 24, 2025, Damian Victor Castellanos ("Castellanos" or "Applicant") submitted an application to the Office for licensure as a mortgage loan originator ("application"). The application was deemed received on January 28, 2026.
2. On November 8, 2010, CastelJanos entered a plea of guilty to two counts of the felony crime of Cocaine/Sell/Del/Possession with Intent within 1000 feet of a School in Case No. Fl0-004658, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami￾Dade County, Florida.
3. On November 8, 2010, Castellanos entered a plea of guilty to a felony crime of Cocaine Sell/Manufactured/Delivered/Possession/with Intent in Case No. Fl0-11762, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. www.flofr.gov 200 East Gaines Street, Tallahassee, Florida 32399-0370 (850) 487-9687 • FAX (850) 410-9663

CONCLUSIONS OF LAW 4. 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. 5. 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. 6. Pursuant to section 494.001(18), Florida Statutes, a "Loan originator" is 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. 7. The Office may deny a license to an applicant who was convicted of or entered a plea of guilty or nolo contendere to, regardless of adjudication, any felony or any crime involving an act of moral turpitude. Sections 494.00255(1)(j) and (2)(d), Florida Statutes. 8. Under Florida law, a guilty plea is treated as a conviction for purposes of disqualification. Courts have consistently equated a guilty plea with a conviction, emphasizing that it is conclusive and requires no further adjudication. Romano v. Department of Business and Professional, 948 So.2d 938 (2007); Brock v. Department of Management Services, Div. of Retirement, 98 So.3d 771 (2012). 9. Moral turpitude involves the idea of inherent baseness or depravity in the private social relations or duties owed by man to man or by man to society. Cam bas v. Dep 't of Bus. & Prof'/ Reg., 6 So.3d 668, 670 (Fla. 5th DCA 2009) (citing State v. Hollingsworth, 108 Fla. 607 (1933)). It has also been defined as anything done contrary to justice, honesty, principle, or good morals. Id. 10. 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 records when deciding whether to approve an application for licensure as a loan originator. 11. Rule 69V-40.00112(2), Florida Administrative Code, provides relevant part(s) as follows: (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(14), Florida Administrative Code, Class "B" crimes include all felonies, or similar felonies, involving crimes of moral turpitude. Sale, importation, or distribution of controlled substances (drugs); or possession for sale, importation or distribution is a Class "B" felony crime. 13. Pursuant to Rule 69V-40.00112(3)(b), Florida Administrative Code, an applicant whose law enforcement record includes a class "B" crime will not be granted a license until 15 years have passed since the trigger date. 14. Pursuant to Rule 69V-40.00112(2)(d), Florida Administrative Code, for purposes of this rule, "trigger date" means the date on which an applicant was found guilty, or pied guilty, or pied nolo contendere to a crime. 15. Pursuant to Rule 69V-40.00112( 4 )( a), Florida Administrative Code, the Office requires that applications with a relevant person whose law enforcement record includes multiple class "B" crimes, 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 pied nolo contendere to more than one crime, the Office shall add 5 years to the disqualifying period for each additional crime. 16. Because Applicant pled guilty to two separate felony Class "B" crimes, he is subject to a period of disqualification for licensure and therefore, grounds exist to deny Applicant's application pursuant to section 494.00255, Florida Statutes, and Rule 69V-40.00112, Florida Administrative Code. 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 notifies Damian Victor Castellanos of its intent to deny his application for Ii censure as a loan originator. 3

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: B v Mail or Email Agency Clerk Office of Financial Regulation P.O. Box 8050 Tallahassee, Florida 32314-8050 Phone: (850) 410-9889 Email: Agency.Clerk@flofr.gov OR Bv Hand Delivery Agency Clerk Office of Financial Regulation General Counsel's Office The Fletcher Building 101 East Gaines Street Tallahassee, Florida 32399 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 anv time prior to the expiration of the 21 davs. vou mav withdraw vour application for a loan ori!linator license throu12h the Nationwide Multistate Licensing Svstem and/or the REAL Svstem bv notifvinl! the Office in writing. Submit, our written withdrawal notice to Maria A. Guitian , Assistant General Counsel. P.O. Box 8050. Tallahassee, Florida 32314-8050. or to Maria.Guitian(a .,flofr. 20v. In the event that vou withdraw , our application. no license will be issued. YOUR FAIL URE 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. If you have any questions regarding any of the matters discussed in this letter, please contact Maria A. Guitian, Office of Financial Regulation, at (305) 536-0341. Sincerely, /4J-~ ~- ({)M,,v Gregory C. Oaks, Director Division of Consumer Finance 4

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished to Damian Victor Castellanos, 6281 NW 198 Terrace, Hialeah, FL 33015 and via email transmittal to dvcastellanosl l84@gmail.com on this 8th day of April, 2026. 9489 0090 0027 bb2D 8153 96 -fnwiA1 a.. 11,,;-Jt... ; Maria A. Guitian Assistant Genera] Counsel Office of Financial Regulation Office of General Counsel Fla. Bar No. 813966 200 E. Gaines Street Tallahassee, FL 32399 Tel: 305-536-0341 Email:Maria.Guitian@flofr.gov 5