2026-04-17
Added · Updated
The Florida Office of Financial Regulation issued a Final Order against Commodore Mortgage LLC and Corey Smith for failing to timely submit required quarterly Mortgage Call Reports. Because the respondents waived their right to an administrative hearing by not responding to the initial complaint, the Office adopted the factual findings of violation. The Order mandates that the respondents pay a $1,000 administrative fine within thirty days of the order's date.
Index: 0 f:K ?J)Zlo-801 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION In Re: COMMODORE MORTGAGE LLC, and COREY SMITH, Case Number: 129473 Respondents. 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 COMMODORE MORTGAGE LLC and COREY SMITH, ("Respondents"). FINDINGS OF FACT
they had twenty-one (21) days after the receipt of the Complaint within which to petition the Office for an administrative hearing to contest the allegation set forth in the Complaint, in accordance with sections 120.59 and 120.57, Florida Statutes, including the following information: TO PRESERVE THE RIGHT TO A HEARING, A WRITTEN RESPONSE MUST BE FILED WITH THE OFFICE OF FINANCIAL REGULATION WITHIN TWENTY-ONE (21) DAYS AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. SAID RESPONSE MUST BE RECEIVED BY THE OFFICE NO LATER THAN 5:00 P.M. ON THE TWENTYFIRST DAY AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. A FAILURE TO TIMELY RESPOND IN WRITING WILL CONSTITUTE A W AIYER OF THE LICENSEE'S RIGHT TO REQUEST A HEARING AND A FINAL ORDER MAY BE ENTERED WITHOUT FURTHER NOTICE. 6. To date, the Office has neither received a written response to the Complaint nor have Respondents made a claim of equitable tolling. 7. The Findings of Fact alleged in the Complaint are hereby incorporated by reference and adopted as Findings of Fact in this Final Order. CONCLUSIONS OF LAW 8. Pursuant to sections 494.0011 and 494.0012, Florida Statutes, the Office is charged with administering and enforcing the provisions of chapter 494, Florida Statutes, and conducting examinations and investigations to determine whether any provision of chapter 494, Florida Statutes, has been violated. Thereby, the Office has jurisdiction over the subject matter of this case and of the parties hereto. 9. The Findings of Fact herein serve as the basis of the entry of this Final Order against Respondents. 10. 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 2
affects the substantial interests of a party be filed with the agency within 21 days of receipt of written notice of the action. 11. Pursuant to Rule 28-106.111 ( 4 ), Florida Administrative Code, the failure of Respondent to timely respond to the Complaint constitutes a waiver of Respondent's right to an administrative proceeding. 12. 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. Department of Admin., 523 So. 2d 1132 (Florida 1988). 13. 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). 14. Respondent failed to submit a response to the Complaint and failed to present a claim, or evidence of equitable tolling. Therefore, it is appropriate for the Office to conclude there was no equitable tolling and Respondents waived its right to an administrative proceeding. 15. The Findings of Fact and Conclusions of Law that form the basis for the Complaint, together with the waiver of a hearing by Respondents, constitute grounds for the Office to impose an administrative fine against COMMODORE MORTGAGE LLC and COREY SMITH. Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby ORDERED: A. Within thirty (30) days of the date of this Final Order, Commodore Mortgage LLC and Corey Smith shall pay an ADMINISTRATIVE FINE of One Thousand Dollars ($1,000.00). B. Respondents shall submit the administrative fine in the form of a money order, cashier's check, or wire transfer made payable to the "OFFICE OF FINANCIAL REGULATION". Such payment shall reference Case Number 129473 and shall be sent to the 3
attention of the Agency Clerk, c/o Carrie S. Franz, Post Office Box 8050, Tallahassee, Florida 32314-8050. DONE and ORDERED this __t± day of April, 2026, in Tallahassee, Leon County, Florida. Commissioner 4
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 .0. 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. 5
CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been sent for service via U.S. Certified Mail to Commodore Mortgage LLC Register Agent, Sunshine Corporate Filings at 7901 4th Street N Ste. 300, St. Petersburg, Florida 33702 on this (-- day of April, 2026. 91 7199 9991 7039 5466 1715 6 ge y r Office of Financial Regulation Post Office Box 8050 Tallahassee, FL 32314-8050 Email: Agency.Clerk@flofr.gov Tel: (850) 410-9889
STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION In Re: COMMODORE MORTGAGE LLC and COREY SMITH, Respondents. ADMINISTRATIVE COMPLAINT Exhibit A Case Number: 129473 The State of Florida, Office of Financial Regulation, ("Office") files this Administrative Complaint against COMMODORE MORTGAGE LLC and COREY SMITH ("Respondents"), alleging: GENERAL ALLEGATIONS
by the Office to manage licensing of all mortgage loan originators and mortgage entities in Florida. §494.001(33), Florida Statutes. 6. Commodore Mortgage LLC ("Commodore") has been licensed with the Office as a mortgage broker (License No. MBR6062) since February 3, 2023. 7. Corey Smith ("Smith") is the President and Sole Owner of Commodore Mortgage LLC. 8. As such, pursuant to section 494.001(30), Florida Statutes, Smith is responsible for the daily operations of Commodore Mortgage LLC. 9. The Office conducted an examination (No. 128562) to ascertain Respondents' compliance with chapter 494, Florida Statutes. 10. Rule 69V-40.111 (1 ), Florida Administratrive Code, provides that the penalties that are applicable to each ground for disciplinary action that may be imposed by the Office against a person for a violation of chapter 494, Florida Statutes, are set forth in the "Office of Financial Regulation, Division of Consumer Finance, Disciplinary Guidelines for Mortgage Loan Originators and Mortgage Entities, Form OFR-494-14". 11. Pursuant to Rule 69V-40.111(5), Florida Administrative Code, the range for an "A" level administrative fine is between $1,000.00 to $3,500.00. COUNTI 12. The above general allegations are hereby re-alleged and incorporated by reference as if fully stated herein. 13. Pursuant to 494.004(2), Florida Statutes, a mortgage broker must submit to the Office on a quarterly basis a report of condition, also known as a Mortgage Call Report ("MCR") viaNMLS. 2
NOTICE OF RIGHTS The licensee is entitled to be represented by counsel or other qualified representative. The licensee also has the right to request a hearing pursuant to sections 120.569 and 120.57, Florida Statutes. Such request must comply with Rules 28-106.2015 and 28-106.104, Florida Administrative Code. An Election of Proceeding form is attached for your convenience. Any such request must be filed as follows: Bv 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 Bv Hand Deliven Agency Clerk Office of Financial Regulation Office of General Counsel The Fletcher Building, Suite 504 101 East Gaines Street Tallahassee, FL 32399 Phone: (850) 410-9889 TO PRESERVE THE RIGHT TO A HEARING, A WRITTEN RESPONSE MUST BE FILED WITH THE OFFICE OF FINANCIAL REGULATION WITHIN TWENTY-ONE (21) DAYS AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. SAID RESPONSE MUST BE RECEIVED BY THE OFFICE NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. A FAILURE TO TIMELY RESPOND IN WRITING WILL CONSTITUTE A WAIVER OF THE LICENSEE'S RIGHT TO REQUEST A HEARING AND A FINAL ORDER MAY BE ENTERED WITHOUT FURTHER NOTICE. You may not make an oral request for an administrative hearing. With regard to a written request, if you fail to follow the outlined procedure, your request may be dismissed. Any request for an administrative proceeding received prior to the date of this notice is deemed abandoned and to be considered, must be timely renewed in compliance with the procedure set forth above. Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. 4
NOTICE TO RESPONDENTS In accordance with the Americans with Disabilities Act, persons with disabilities needing 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, I 01 East Gaines Street, Suite 504, Tallahassee, Florida 32399, Phone: (850) 410-9889, or by Email: Agency.C1erk@flofr.gov. By: ()&l ~-~ -~- Carrie S. Franz :.J Chief Counsel Office of Financial Regulation Office of General Counsel Fla. Bar No. 0659274 200 E Gaines Street Tallahassee, FL 32399-0370 Tel: 850-410-9834 Email:Carrie.Franz@flofr.gov CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been sent for service via U.S. Certified Mail to Commodore Mortgage LLC, and Corey Smith at 18935 North Freeway Springs, Texas, 77388; Commodore Mortgage LLC, Register Agent: Sunshine Corporate Filings at 7901 4th Street N Ste. 300, St. Petersburg, Florida 33702, on this 25th day of February, 2026. (1 /I , • : C 1.., ,..-- lJ,(,(Nt ~- C -------- Carrie S. Franz J Chief Counsel
STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION Case No: 129473 Commodore Mortgage LLC and Corey Smith 18935 North Freeway Spring, Texas 77388 ELECTION OF PROCEEDING I have received and read the Administrative Complaint, including the Notice of Rights, filed by the Office of Financial Regulation ("Office") regarding the above-referenced Respondent, and I am requesting disposition as indicated below. PLEASE SELECT ONLY ONE OF THE OPTIONS: OPTION #1: D I do not request a hearing in this matter. I do not dispute any of the Office's factual allegations and conclusions of law as stated in the Administrative Complaint. I understand that upon my waiving the right to a hearing, the Office may enter a final order adopting the findings of fact and conclusions of law in the Administrative Com laint and im osin the enalties sou ht in the Administrative Com lalnt. OPTION #2: D I do not dispute any of the Office's factual allegations but~ 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 #3: D I do dispute one or more of the Office's factual allegations. I request a formal hearing before the Division of Administrative Hearings (DOAH) pursuant to section 120.57(1), Florida Statutes. In accordance with Rule 28-106.2015(5)(c), FAC, I am attaching a copy of the material facts that I dispute. 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 ADMINISTRATIVE COMPLAINT, SY ANY OF THE FOLLOWING METHODS:
STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION Case No: 129473 Commodore Mortgage LLC and Corey Smith 18935 North Freeway Spring, Texas 77388 **YOU ARE TO COMPLETE THE FOLLOWING ONLY IF YOU HAVE CHECKED OPTION #3 ON THE PRECEDING PAGE. If you need more space, you may provide additional pages. As Respondent or the authorized representative of Respondent, I am disputing the following material facts: Signature of Respondent or Authorized Representative Date Form: OFR-GC-13 (rev. 1/28/2026) Page 2 of 2
~ UNITEDST/JTES U POST/JL SERVICE March 12, 2026 Dear Amber Hopkins: Exhibit B The following is in response to your request for proof of delivery on your item with the tracking number: 9489 0090 0027 6620 8164 09. Item Details Status: Status Date I Time: Location: Postal Product: Extra Services: Recipient Signature Signature of Recipient: Address of Recipient: Delivered, Front Desk/Reception/Mail Room March 2, 2026, 11 :48 am SAINT PETERSBURG, FL 33702 First-Class Mail® Certified Mail™ Return Receipt Electronic Nb J\JoQ I l-12__ G 7Cf'o I lr:}\0 Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file. Thank you for selecting the United States Postal Service® for your mailing needs. If you require additional assistance, please contact your local Post Office TM or a Postal representative at 1-800-222-1811. Sincerely, United States Postal Service® 4 75 L'Enfant Plaza SW Washington, D.C. 20260-0004