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BRITISH OLUMBIA

IN THE MATTER OF THE MORTGAGE BROKERS ACT R.S.B.C. 1996,c. 313

-AND-

RANDY VOGEL LTD. dba TMG THE MORTGAGE GROUP RANDY VOGEL MORTGAGES

-AND-

RANDALL MANSON VOGEL

CONSENT ORDER

The following agreement having been reached between and consented to by Randy Vogel Ltd. dba TMG The Mortgage Group Randy Vogel Mortgages ("RVL") and Randall Manson Vogel ("Vogel") and the Staff of the Registrar of Mortgage Brokers (the "Staff'), the Registrar of Mortgage Brokers (the "Registrar") agrees to the following terms of a consent order:

A. ORDERS

RVL and Vogel consent to, and the Registrar makes, the followin order, that:

1. RVL shall pay late filing fees in the amount a $500.00 i ediately upon execution of this Order, pursuant to section of the Mortgage Brokers Act (the "Act") and sections 5 and 6 of the Mortgage Brokers Act Regulations (the "Regulations");

Registrar of Mortgage Brokers 1200 - 13450 10200 Avenue Surrey, Be V3T 5X3

Telephone: 604-953-5300 Facsimile: 604-953-5301

http://www.ftc.gov.bc.ca

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2. RVL and Vogel shall, jointly and severally, pay an administrative immediately upon execution of this Order, in the amount of pursuant to section 8(1.1) of the Act; and

3. RVL and Vogel shall, jointly and severally, pay investigation cos , immediately upon execution of this Order, in the amount ot $200.00, pursuant to section 6(9) of the Act.

B. FACTS AND ADMISSIONS

As a basis of this Order, RVL and Vogel acknowledge the following facts as correct and make the following admissions:

Background

1. Vogel has been almost continuously registered as a submortgage broker in British Columbia since May 8, 1992.

2. Vogel has been a registered submortgage broker with RVL since October 23,2008. Vogel is the only submortgage broker registered with RVL.

3. RVL was incorporated in British Columbia on February 22, 2002 and has a registered and records office at 102 - 2590 Granville Street, Vancouver, British Columbia. Vogel is the sole director and officer of RVL.

4. RVL has been a registered submortgage broker in British Columbia since October 23, 2008.

5. RVL has a financial year end date of December 31 st.

Form 12 filing

6. RVL is not authorized to handle trust funds.

7. Where a mortgage broker does not handle trust funds, it is required to file a Form 12 with the Registrar within 30 days of its financial year end .

8. As RVL's financial year end was December 31, 2009, RVL was required to file a Form 12 with the Registrar by January 30,2010, butfailed to do so.

9. RVL did not file the Form 12 until May 4,2010.

10. As a result of late filing of the Form 12, RVL was required to pay a late filing fee in the amount of $500.00, which it failed to do, despite numerous

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requests by Staff, thereby breaching sections 5 and 6 of the Mortgage Brokers Act Regulations.

Failure to respond to Staff's inquiries

11. Vogel was contacted repeatedly by Staff regarding the Form 12 for the year ending December 31, 2009, and the outstanding late fees, and was largely unresponsive. Specifically, the following efforts were made, and responses received:

DATE dImly 18/2/10

11/3/10

31/3/10

9/4/10

4/5/10

14/5/10

25/5/10

COMMUNICATION FROM STAFF RESPONSE

Letter to Vogel/RVL advising that None the Form 12 is overdue Letter to Vogel/RVL advising that None the Form 12 and late fees are overdue Letter to Vogel/RVL advising that Form 12 and late fees are overdue Telephone call to Vogel

Office visit to RVL by Staff

Email to Vogel asking that $500 late filing fees be delivered

Email to Vogel asking if the late filing fees had been submitted

None

Vogel advised Form 12 and late fees would be delivered by April 16th

, which they were not Vogel was not present, but Form 12 was filed May 4th

(without late fees) Vo~el replied May 15t advising he had written the cheque for the late fees but could not confirm it had been sent. He was on vacation until May 21 5t and would confirm upon his return, which he did not Vo~el replied May 25t advising he would follow up with his wife and if the fees had not been paid , he would pay

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online or call in, which he never did

7/6/10 Letter to Vogel requesting payment None of late filing fees

12. By failing to respond to respond to Staff's inquiries in a timely fashion or at all, Vogel has conducted himself in a manner that it otherwise prejudicial to the public interest, contrary to section 8(1 )(i) of the Act.

C. WAIVER

13. RVL and Vogel waive their right to a hearing under section 8(1) of the Act and waive their right to an appeall under section 9 of the Act.

and content by:

F""-i:~~~----T _____ thiS 2"'Of~~~ , 2010. son f the Registrar of Mortgage Brokers

And by:

_--+~.t..,.n~-,\",""+-+ d ______ , this 10 of 1'( () , 2010. Rand!l'i(Mans~ogel

And by:

-----I~r:__+7'hf--:--=--____:____:_:_-' th is d-U of 1",) , 2 0 1 O. Authoriz d si n ory for Randy Vogel Ltd . dba TMG The Mortgage Group Randy Vogel Mortgages

Dated at the City of Surrey, Provinc~ £f British Colum9ia this ttff"'6ay of /he? t. 2010.

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Carolyn Rogers Registrar of Mortgage Brokers Province of British Columbia