DEPARTMENT OF REAL ESTATE

DEPARTMENT OF REAL ESTATEState of CaliforniaTo:DRE Case No. H-6872 SACEMELITA DOMINGO SAGUNC/O CHRISTOPHER C. HUANGNOTICE OF SERVICE3082 STEVENS LANESAN JOSE, CA 95148This DESIST AND REFRAIN ORDER NO. H-6872 SAC is served pursuant to Section 415.30 of theCalifornia Code of Civil Procedure. Failure to complete this form and return it to the sender within 20 daysmay subject you (or the party on whose behalf you are being served) to liability for the payment of anyexpenses incurred in effecting service upon you in any other manner permitted by law. If you are served onbehalf of a corporation, unincorporated association (including a partnership), or other entity, this form mustbe signed in the name of such entity by you or by a person authorized to receive service of process on behalfof such entity. In all other cases, this form must be signed by you personally or by a person authorized byyou to acknowledge receipt of this Order. Section 415.30 provides that this Order is deemed served on thedate of execution of an acknowledgment of receipt.Dated: February 23, 2022Adviana 3. Badilas / RdewAdriana Z. BadilasCounselACKNOWLEDGMENT OF RECEIPTThis acknowledges receipt on theday ofAND REFRAIN ORDER NO. H-6872 SACof a copy of the DESISTat(Street Address, City, State, and Zip Code)SignatureDatePrintfed NameRE 575 (Rev. 7/18)

FILEDDEPARTMENT OF REAL ESTATE1651 Exposition Blyd.N3FEB 2 3 2022P. O. Box 137007Sacramento, CA 95813-7007DEPARTMENT OF REAL ESTATEByR dew4 Telephone: (916) 576-87005BEFORE THE DEPARTMENT OF REAL ESTATESTATE OF CALIFORNIA101112To:NO. H-6872 SACEMELITA D. SAGUNORDER TO DESIST AND REFRAIN(B&P Code Section 10086)13The Real Estate Commissioner ("Commissioner") of the California Department1415of Real Estate ("Department") has caused an investigation to be made of the activities of16EMELITA D. SAGUN ("SAGUN"). Based upon that investigation, the Commissioner has17determined that SAGUN engaged in the business of, acted in the capacity of, advertised, or18assumed to act as a mortgage loan originator within the meaning of Section 10166.01(b) of the19Business and Professions Code ("Code").The Commissioner has determined and is of the opinion that Respondent violated2021Section 10166.02 of the Code by engaging in mortgage loan originator activities without first22having obtained a real estate license endorsement identifying Respondent as a licensed23mortgage loan originator ("MLO").24Furthermore, based on the investigation, the Commissioner hereby issues the25following Findings of Fact and Desist and Refrain Order under the authority of Section 1008626of the Code.27-1-

FINDINGS OF FACTN1.SAGUN does not now and has never had a real estate license and/or an2.Complainant is informed, believes, and thereon alleges that SAGUN used,3 MLO license.Aand/or uses, a business card wherein she identifies herself as an underwriter for InternationalRealty with DRE License No. 00937351 and NMLS No. 905284. Both license numbers belong7to real estate broker Pompey H. Festejo Jr.3.Complainant is informed, believes, and thereon alleges that SAGUN used,and/or uses, the real estate broker license and/or MLO license of individuals, including Pompey10H. Festejo Jr. and Oliver Luna, to conduct real estate and MLO activities.4.1112On or about September 28, 2018, the Department received a complaintfrom Viola M. alleging that SAGUN acted as a mortgage broker on behalf of Jorge C. in13connection with the purchase of a property located at 6700 Flora St., Oakland, CA 94621 ("Flora14Street Property"). SAGUN solicited lenders, negotiated loans, and performed real estate services15on behalf of Jorge C.165.Viola M. was the real estate agent for Jorge C. during the Flora Street17 Property transaction.18196.the Department.202122Neither Viola M. nor Jorge C. were aware that SAGUN was unlicensed by7.SAGUN held herself out as being a mortgage loan broker by representingto Viola M. and Jorge C. that she would obtain and/or negotiate a mortgage loan on Jorge C.'sbehalf.238.SAGUN subsequently obtained and/or negotiated a hard money loan on24 Jorge C.'s behalf in the amount of 66,000 from Virginia R.259.SAGUN obtained and/or negotiated an additional mortgage loan on Jorge26C.'s behalf from lender Rushmyfile, Inc.27111-2-

10. Complainant is informed, believes, and thereon alleges that SAGUN, an2 unlicensed individual, used the real estate broker license and MLO license of Oliver Luna during3the Flora Street Property transaction.11.AS67Although Oliver Luna signed as the MLO Broker on all mortgage loandocuments related to the Flora Street Property transaction, SAGUN is the only person withwhom Jorge C. and Viola M. had contact regarding the negotiations of the subject mortgageloans.812.SAGUN represented to Jorge C. that Rushmyfile, Inc. required a "reserve"of 40,000 in order to process the loan.1013. Rushmyfile, Inc. did not require a "reserve."1114. Jorge C. provided SAGUN a check in the amount of 40,000. SAGUN12informed Jorge C. that the money would not be deposited in the escrow account, but rather in a13separate bank account because SAGUN did not want Rushmyfile, Inc. to "question" the money.1415. On or about December 20, 2016, Oliver Luna sent Old Republic Title15Company a letter titled "Broker Instructions to Escrow" instructing Senior Escrow Officer Edith16Dionisio to wire SAGUN 3,870 upon close of escrow.1716. On or about December 29, 2016, Old Republic Title Company wired18 3,870 to SAGUN's Chase Bank Account ending in 5283. The wire identifies the money as1920"commission."17.On or about December 29, 2016, escrow closed on the Flora Street21 Property transaction.222318.Property, Jorge C. paid SAGUN an additional "broker fee" in the amount of 7,225.242526On or about February 17, 2017, after escrow closed on the Flora StreetCONCLUSIONS OF LAW19.Based on the Findings of Fact contained in Paragraphs 1 through 18,Respondent violated Section 10166.02(b) of the Code by soliciting and/or performing services27 for borrowers, in connection with residential loans secured directly or collaterally by liens on-3-

1 real property or on a business opportunity, for or in expectation of a compensation, without2first obtaining a mortgage loan originator license endorsement.20. Based on the Findings of Fact contained above in Paragraphs 1 throughw18, SAGUN further violated Sections 10130 and 10131(d) of the Code by soliciting borrowers or567lenders for or negotiating loans, or performing services for borrowers or lenders in connectionwith loans secured directly or collaterally by liens on real property or a business opportunity,without first obtaining a real estate license.DESIST AND REFRAIN ORDERBased upon the Findings of Fact and Conclusions of Law stated herein,10EMELITA D. SAGUN IS HEREBY ORDERED to immediately Desist and Refrain from11performing any acts within the State of California that require a real estate license and/or a12mortgage loan originator license, unless and until appropriate licensure is obtained.13DATED:1. 10. 2 214DOUGLAS R. McCAULEYREAL ESTATE COMMISSIONER1516171819-NOTICE20Business and Professions Code Section 10139 provides that, "Any person acting21as a real estate broker or real estate salesperson without a license or who advertises using words22indicating that he or she is a real estate broker without being so licensed shall be guilty of a23242526public offense punishable by a fine not exceeding twenty thousand dollars ( 20,000), or byimprisonment in the county jail for a term not to exceed six months, or by both fine andimprisonment; or if a corporation, be punished by a fine not exceeding sixty thousand dollars( 60,000)."27- 4-

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCYGAVIN NEWSOM, GovernorDEPARTMENT OF REAL ESTATECITE & FINEP.0. BOX 137012SACRAMENTO, CA 95813-7012CITATIONYOUR FAILURE TO RESPOND TO THIS CITATION, PAY THE ASSESSED FINE, OR SATISFY ANORDER TO DESIST & REFRAIN MAY RESULT IN:LICENSE ISSUANCE WITHHELDA CIVIL JUDGMENT FOR THE UNPAID FINE.ANY UNPAID DEBT SENT TO COLLECTIONS, WHICH MAY INCUR ADDITIONAL FEESAND NEGATIVELY IMPACT YOUR CREDIT RATING.TO: EMELITA DOMINGO SAGUNC/O CHRISTOPHER C. HUANG3082 STEVENS LANESAN JOSE, CA 95148RE: NUMBER OF CITATIONS:CITATION NUMBER(S):DRE CASE NUMBER:DRE HEARING NUMBER:PAYMENT DUE DATE:1See Below5-18-0810-004H-6872SAC30 Days after receiptTOTAL FINE AMOUNT: 2,500.00Pursuant to the authority provided in California Business and Professions Code 10080.9 andCommissioner's Regulation 2907, et seq., the California Department of Real Estate herebyissues this citation to Emelita Domingo Sagun (Respondent), an unlicensed person for specifiedviolation(s) of the Real Estate Law. An Order to Desist & Refrain (D&R) accompanies theCitation(s).CITATION SECTIONREFCITATIONNUMBERVIOLATION(S)FINEViolation: B&P 10130/10131/10166.02 - Acting without licenseC-4-21-0621-001(PRIMARY)Respondent performed unlicensed activities, which included but are notlimited to, soliciting lenders, negotiating loans, and performing real estateservices on behalf of Jorge C. in connection with the purchase of a propertylocated at 6700 Flora St., Oakland, CA 94621. 2500.00TOTAL ADMINISTRATIVE FINES: 2,500.00RE 548 (Rev. 08/17)

Emelita Domingo SagunC-4-21-0621-001June 22, 2021Page 2PAYMENT OF ADMINISTRATIVE FINEPayment of the fine shall not constitute an admission of the violation(s) cited.Please return the enclosed invoice form and include the Citation number on your cashier'scheck or money order. If you are paying by credit card, please complete and return the CreditCard Authorization form. Send payments to:DEPARTMENT OF REAL ESTATEFISCAL / CitationsPost Office Box 137006Sacramento CA 95813-7006FAILURE TO RESPOND OR COMPLY WITH CITATIONThe failure to comply with the terms of the citation or pay a fine assessed pursuant to B&P 10080.9 shall subject that person to formal disciplinary action by the Commissioner, whichcould, if you are a licensee, result in the suspension or revocation of your real estate licenseand mortgage loan originator license endorsement (if applicable). A license may not berenewed, nor may a new license be issued, if an unpaid fine remains outstanding or the terms ofa citation have not been complied with.Unpaid fines may be referred for collections, which may negatively affect one's credit rating.Please know that pursuant to Government Code 16583.1, a referral for collections and asubsequent collections effort may result in additional costs to you from fees related to thecollections, which may total more than the amount of the initially-assessed fine. The Departmentmay also seek a civil court judgment for the unpaid debt from superior court.if, within thirty (30) days from the receipt of the citation, you fail to notify the Department's Cite &Fine section of your intent to contest the citation and request a formal hearing, the citation shallbe deemed final.CONTESTING THE CITATION - CITATION REVIEW CONFERENCEYou may contest or dispute any aspect of the citation by making written request to theDepartment no later than 30 days after receipt of the citation. Use the enclosed form, "Notice ofIntent to Request a Formal Hearing", to indicate your wish to contest the citation. Upon receiptof your request, the Department will schedule you for a Citation Review Conference, or CRC,which are held in the Department's Sacramento or Los Angeles offices.The CRC is an opportunity for you to meet in person with a representative of the Departmentand to present evidence or mitigating information regarding the cited violations. Following theCRC the Department will notify you of its decision to affirm, modify, or dismiss the citation(s).RE 548 (Rev. 08/17)