Final Order — Mortgage Broker

Index: OFR 2026- 411
STATE OF FLORIDA
OFFICE OF FINANCIAL REGULATION
In Re:
COLORADO HOMESMARTZ LLC, and
GARRET HENRY BARRY,
Case Number: 131169
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:

1. The Office has jurisdiction over the subject matter of this case and the parties
   hereto.
2. The entry of this Final Order concludes the above-referenced matter.
   ORDERED:
   A. The Stipulation and Consent Agreement (Exhibit A) is hereby approved and incorporated by reference as if fully stated herein and is adopted as the Office's Findings of Fact and Conclusions of Law. B. The parties shall comply with all terms of the Stipulation and Consent Agreement. DONE and ORDERED this I q-fl. day of August, 2026, in Tallahassee, Leon County, Florida. Commissioner

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order was furnished to Colorado Homesmartz LLC and Garret Henry Barry by U.S. Mail to 116 Inverness Dr East, Ste 430, Englewood, Colorado 80112 and by electronic mail to garret@houzmortgage.com on this {1f'1 day of August, 2026. 2314-8050 cy.Clerk@flofr.gov Tel: (850) 410-9889

STATE OF FLORIDA
OFFICE O;F' FINANCIAL REGULATION
In Re:
COLORADO HOMESMARTZ LLC, and
GARRET HENRY BARRY,
Respondents.
EXHIBIT A
Case Number:·131169
STIPULATION AND CONSENT AGREEMENT
The State of Florida, Office of Financial Regulation ("Office"), and COLORADO HOMESMARTZ LLC and GARRET HENRY BARRY ("Respondents"), in consideration of ' the mutual promises herein, recite, stipulate, and agree as follows:
Background. At all times material hereto, Colorado Homesmartz LLC, is and has been a mortgage broker licensee pursuant to chapter 494, Florida Statutes, having been issued license number MBR5 627. At all times material, Garret Henry Barry is and has ~een the Manager and Sole Owner of Colorado Homesmartz LLC. The Office conducted an examination (No. 130583) to ascertain Respondents' compliance with chapter 494, Florida Statutes. 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 rules promulgated thereunder. The Office has juris4iction 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 finding:
a) Respondents failed to timely submit mortgage call reports for the third

4. quaiter of 2024 and fourth quarter of 2024, m violation of s·ection
   494.004(2), Florida Statutes.
   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 494,1 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 Five Hundred Dollars ($3,500.00), 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 Fina11cia/ Regulation." Such payment shall reference Case Number 131169 and shall be sent to the attention of Agency Clerk - c/o Bianca Lherisson, Post Office Box 8050, Tallahassee, Florida 32314-8050. Respondents acknowledge and agree that in accordance with section 215.31, 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 ai:id 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.
c. LICENSE SUSPENSION. Respondents agree to the suspension of the Florida
mortgage broker license, for a period of ten (10) days, to be effective thirty (30) days from the date of issuance of the Final Order incorporating this Stipulation _and Consent Agreement (hereinafter, "Effective Date of License Suspension").
5. 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.
6. 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 admiiiistrative forum or judicial proceeding (including, but not limited to, an appeal pursuant to section 120.68, Florida

7 ..
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.
8. Failure to Comply. Respondents acknowledge, concur, and stipulate that
Respondents' failure to comply with any of the tenns, 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 detennination of non-compliance.
9. Attorney's Fees. Each party herein shall 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.
10. Severability, The parties agree that if any provision of this Stipulation and Consent
Agreement or the a~plication 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.

11. 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 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.
12. 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 intentionally left blank with signatu;·es appearing on the following page]

COLORADO HOMESMARTZ LLC:
)1~~%
(Signature) ~ Date:
Name: Ganet Henry Barry Title: Mana er and 6oie Owner State of Co/oYaJ v County of ~.J..9 4'5 Garret Henry Barry, as Manager and Sole Owner of Colorado Homesmartz LLC, BEFORE ME by means of er' 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 /0 day of r) Uvre , 2026. Check the appropriate box:
Personally knm.vn 0
OR Produced Identification ~
Type of identification produced ~Driver's License D Passport D Other Notary Public ALVAROANDREI MOfW.11 NarNrf PUIUC STATE OF COLORADO NOTARY ID 2022«m124 M't CQIUS,gQN EXPIRES AUGUST 28, 2026 (Do not include m number)

GARRET HENRY BARRY:
Lh,J
(Signature)
¾v-& ~ ~ 0
Name: Garret I lenry Barry
State of Col.OJ"~--
County of fu:OfQ,flt}e
Date: 0 likL~---
Garry Henry Barry, BEFORE ME by means of Iii physical presence or D online notarization, has swom (or affinned) that he has read and understands the foregoing agreement and voluntarily signed the same. ..,-- SWORN TO AND SUBSCRIBED before me this jlq __ day of ).,tv,l. , 2026. Check the appropriate box:
Personally known D
OR Produced Identification [0'
Type of identification produced 0 Driver's License D Passport Notary ~~ Public J0HNKIMD NOTMY,ua,JC STATE 0, COI.OIUDO NOTARYIOII ..... ' ?JY COMMISSION OPIBfllllMY 12.D D Other ______ _ (Do not include ID number) OFFICE OF '.FINANCIAL REGULATION ,j~ C.(£)~ Gregory C. Oaks, Director Division of Consumer Finance 8/12/2026 Date: -----------