2026-07-14
Added · Updated
The Office of Financial Regulation approves a Stipulation and Consent Agreement resolving allegations that Chau Phan acted as an unlicensed loan originator and PC Mortgage, Inc. received unearned fees in violation of Florida Statutes and RESPA. The Respondents are required to pay an administrative fine of $3,000 upon execution of the agreement and must cease and desist from future violations of chapter 494, Florida Statutes. The order concludes the administrative matter and waives the Respondents' rights to a hearing or further contestation of the findings.
Index: OFR 2026 - 344 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION In Re: CHAU PHAN, and Case N um her: 126280 PC MORTGAGE, INC., Respondents. FINAL ORDER This cause came on for consideration and final agency action. Upon review of the record and being otherwise fully advised in the premises, the Office of Financial Regulation ("Office") hereby finds:
CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished to Chau Phan and PC Mortgage, Inc., by electronic mail at peterpoonl8l8@yahoo.com on this /4-f : y of July, 2026. egulation 0 allahas 2314-8050 Email: Agency.Clerk@flofr.gov Tel: (850) 410-9889 2
Exhibit A ST A TE OF FLORIDA OFFICE OF FINANCIAL REGULATION' In Re: CHAU PHAN, and Case Number: 126280 PC MORTGAGE, INC., Respondents. STIPULATION AND CONSENT AGREEMENT The State of Florida, Office of Financial Regulation ("Office"), and CHAU PHAN and PC MORTGAGE, INC., (together "Respondents"), in consideration of the mutual promises herein, recite, stipulate, and agree as follows: I. Background. Respondents have never held a license with the Office under chapter 494, Florida Statutes. At all times material, Chau Phan ("Phan") has been the sole owner of PC Mortgage, Inc. The Office conducted examinations (No. 125245 and 125235) of Respondents as a result of a complaint which alleged Respondents had engaged in unlicensed mortgage activity. In lieu of initiating a formal proceeding, the parties are herein resolving the matters at issue. 2. Jurisdiction. The Office is the state agency charged with the administration and enforcement of chapter 494, Florida Statutes, and the corresponding rules. The Office has jurisdiction to bring this administrative action against Respondents pursuant to chapter 494, Florida Statutes. 3. Findings. For purposes of this Stipulation and Consent Agreement, Respondents consent to the Office making the following findings:
a) Respondent Chau Phan acted as loan originator on a residential mortgage loan for approximately 13 days without a valid loan originator license, in violation of section 494.00255( l }(p ), Florida Statutes; and b) Respondent PC Mortgage, Inc. received unearned fees in connection with the residential mortgage loan Phan originated, in violation of 12 CFR § 1024.14(c) and section 8 of RESPA, and thereby in violation of sections 494.00255( 1 )(m), Florida Statutes. 4. Terms and Conditions. The parties agree that the issues raised can be expeditiously resolved without further litigation by the execution of this Stipulation and Consent Agreement. The parties acknowledge that they have read this Stipulation and Consent Agreement and fully understand the rights, obligations, terms, duties, and responsibilities with respect to its contents. Therefore, in compromise and settlement of the foregoing findings and in consideration of the Office's forbearance from further litigation, Respondents agree to the following terms and conditions: a. FUTURE COMPLIANCE. Respondents agree that they shall cease and desist from future violations of chapter 494, Florida Statutes, and the rules promulgated thereunder, and comply with all the provisions of chapter 494, Florida Statutes, and the rules promulgated pursuant thereto. b. ADMINISTRATIVE FINE. Respondents agree to pay the Office an administrative fine in the amount of Three Thousand Dollars ($3,000.00), to be paid at the time of the execution and delivery of this Stipulation and Consent Agreement. This administrative fine shall be submitted in the form of a wire, cashier's check, or money order made payable to "Office of Financial Regulation". Such payment shall reference Case Number 126280 and shall be sent to the attention of Agency Clerk - c/o Jennifer Blakeman, 2
Post Office Box 8050, Tallahassee, Florida 32314-8050. Respondents acknowledge and agree that in accordance with section 215.3 l, Florida Statutes, regarding the deposit of monies: (i) the tendered fine or settlement check may be deposited in advance of full execution or acceptance of the Stipulation and Consent Agreement; and (ii) such deposit shall not be construed as a final acceptance of the Stipulation and Consent Agreement absent full execution thereof and entry of a Final Order adopting same. l. Final Order. Respondents consent to the entry of a Final Order, which incorporates the terms of this Stipulation and Consent Agreement. Respondents understand and agree that this Stipulation and Consent Agreement is subject to the final approval of the Office of Financial Regulation and the entry of the Final Order adopting such Agreement. In the event that the Final Order is not entered, this Stipulation and Consent Agreement shall be null and void. The Final Order incorporating this Stipulation and Consent Agreement constitutes final action by the Office for which the Office may seek enforcement pursuant to the provisions of chapters 494 and 120, Florida Statutes. 2. Waiver. By Respondents' consent to the entry of a Final Order with respect to this proceeding, Respondents waive: a) Any right to separately stated Findings of Fact and Conclusions of Law; b) Any right to receipt of a Notice of Rights pursuant to chapter 120, Florida Statutes; c) Any right to an administrative hearing or issuance of a Recommended Order pursuant to chapter 120, Florida Statutes; and d) Any right to contest in any administrative forum or judicial proceeding (including, but not limited to, an appeal pursuant to section 120.68, Florida 3
Statutes) the validity of any term, condition, obligation, or duty expressly created in this Stipulation and Consent Agreement and the Final Order. Releases. Upon full execution of this Stipulation and Consent Agreement, Respondents waive, release, and forever discharge the Office and its agents, representatives, and employees from any and all causes of action, in law or in equity, which Respondents may have arising out of this matter. The Office accepts this release and waiver by Respondents on behalf of itself, its agents, representatives, and employees without acknowledging, and expressly denying, that any such right or cause of action may exist. 4. Failure to Comply. Respondents acknowledge, concur, and stipulate that Respondent's failure to comply with any of the terms, obligations and conditions of this Stipulation and Consent Agreement, and the Final Order adopting it, is a violation of the written agreement and the Final Order entered pursuant to chapters 120 and 494, Florida Statutes. Such non-compliance may result in the issuance of an emergency cease and desist order. However, nothing herein shall be construed to limit Respondents' right to contest any finding or determination of non-compliance. 5. Attorney's Fees. Each party herein sha11 be solely responsible for its separate costs and attorney's fees incurred in the prosecution, defense, or negotiations in this matter up to and including the entry of the Final Order adopting this Stipulation and Consent Agreement. 6. Severability. The patties agree that if any provision of this Stipulation and Consent Agreement or the application thereof to any person or circumstance is held invalid, the Stipulation and Consent Agreement will be given effect without the invalid provision, and to this end, the provisions of this Stipulation and Consent Agreement are declared severable. 7. Counterparts. This Stipulation and Consent Agreement may be executed in any number of counterparts, and by the parties in separate counterparts, each of which will be 4
deemed to be an original but all of which together will constitute but one Stipulation and Consent Agreement. Copies of this Stipulation and Consent Agreement transmitted by facsimile or electronic mail shall have the same validity as if bearing an original signature. 8. Entire Agreement. This Stipulation and Consent Agreement represents the entire agreement by and between Respondents and the Office. Any alterations, variations, changes, modifications, or waivers of the provisions hereof shall be valid only when they have been reduced to writing, duly signed by the Office and Respondents hereto, attached to the original of this Stipulation and Consent Agreement, and subject to the approval of the Office. WHEREFORE, in consideration of the foregoing, the Office and Respondents execute this Stipulation and Consent Agreement for entry of a Final Order on the last date executed below. [this space intentional(v left blank with signatures appearing on the following page] 5
PC MORTGAGE, INC. Date: 04/ lb/2.0Z.b ---~------- - (Signature) Name: Chau Phan Title: sole owner State of ------- County of _____ _ Chau Phan, as Sole Owner of PC Mortgage, Inc., BEFORE ME by means of D physical presence or D online notarization, has sworn (or affirmed) that he has read and understands the foregoing agreement and voluntarily signed the same. SWORN TO AND SUBSCRIBED before me this __ day of _ _ ____ , 2026. Notary Public Check the appropriate box: Personally known D OR Produced Identification D Type of identification produced D Driver's License D Passport 0 Other _____ _ (Do not include ID number) 6 . - --•------ - - -·---------
CALIFORNIA JURAT CERTIFICATE A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the t111thfulness, accuracy, or validity of that document. State of California County of O_r_a_n_g_e ________ _ Subscribed and sworn to (or affirmed) before me on this lL_day of ...A~pF'-'r""il, ,. 201.Q_, by ...,,C=h=a=u__.P...., h=an..._ ___ __________________ _, proved to me on the basis of satisfactory evidence to be the personM who appeared before me WITNESS MY ~ HAND AND OFFICIAL SEAL. -==::, -- C •1 . ELON DONG DANG 1@···· ... , . COMMISSION #2'190N o • Notary Public . ce,itornls i f 0AAN0E COUNTY § J · . My Commlulon laplrH I JANUARY 09, 2028 e o s a : Signature of Notary Public (Notary Seal) OPTIONAL INFORMATION 111e jumf contai11ed witili11 /Iris document is ill nccord1111ce with Cnlifornilr Im,,. A11y nffidnvit s11f>scribe1f nmf sworn to he/on: 11 ,rotary s/rnll use the precedi11g wordi11g or substn11tinlly similar wording p11rs111111t to Civil Cotle sections 1189 nm/ 8202. A Jura/ certificate cannot be affixed to a document sent by mail or otherwise delivered lo a notary public, including electronic means, whereby the signer did not personally appear before the notary public, even if the signer is known by the notary public. The seal and signature cannot be affixed to a document without the correct notarial wording. As an additional option an affiant can produce 011 affidavit on the same document as the notarial certificate wording to eliminate the use of additional documentation. DESCRIPTION OF A TI ACHED DOCUMENT Stipulation and Consent Agreement (Title of document) Number of Pages J.Q.__(lncludingjurat) Document Date 04/16/2026 Case No 126280 ( Additional Information) MMX V. BAN2 )10.409.1334 www.BayAreaNotary.com CAPACITY CLAIMED BY THE SIGNER Individual Corporate Otlicer Partner Attorney-In-Fact Trustee Other: ____________
CHAU PHAN: Date: (Signature) Name: Chau Phan State of ------- County of _____ _ Chau Phan, BEFORE ME by means of D physical presence or D online notarization, has sworn (or affinned) that he has read and understands the foregoing agreement and voluntarily signed the same. SWORN TO AND SUBSCRIBED before me this __ day of _______ , 2026. Notary Public Check the appropriate box: Personally known D OR Produced Identification D Type of identification produced D Driver's License D Passport D Other _ _____ _ (Do not include ID number) 7
CALIFORNIA JURAT CERTIFICATE A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange Subscribed and sworn to (or affirmed) before me on this _l_6 __ day of April . 201§___, by Chau Phan proved to me on the basis of satisfactory evidence to be the perso~who appeared before me. r~. ; .... . s ELON DONG DANG 1 WITNESS MY HAND AND OFFICIAL SEAL. - ' COMMISSION #24790N f l a N-.y Public · Callfomla ~- ORANGE COUNTY c:, < t • ·My Commlalk,n Expires f 0 J~UARY OIi, 20~ 0 0 Signature of Notary Public (Notary Seal} OPTIONAL INFORMATION Tire juml c,mtni11ed witlti11 tit is documrnl is i11 nccordnuce with Califomin lmv. Any nfficlnvit subscribed 1111d ,won, to before 1111otnn; s/111/1 use t/1,! preceding ""'"ting or s11bst1111tin/ly si111ilnrw,,rtli1rg p11rs11n11t to Civil Cod<! sectio11s 1189 mu/ 8202. A Jura/ certificate cannol be affixed to a doc11ment sent by mail or othenvise delfrered to a notary public, including electronic means, whereby 1he signer did not personally appear before the notary public. even if the signer is known by the notary public. The seal and signature cannot be affixed to a document without the correct notarial wording. As an additional option an affiant can produce an affidavit on the same document as the notarial certificate wording to eliminate the use of additional documentation. DESCRIPTION OF A TI ACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER StipulatiQD and Cons~at Agn;~ms;nt i Individual (Title of document) Corporate Officer Partner Number of Pages j__Q(includingjurat) A ttorney-1 n-F act Trustee Document Date 04/1 6/2026 Other: Cas~ No. 126280 (Additional Information) MMX V. BAN2 5 I 0.409.1334 www.BayArcaNotary.com