Donna Mah - Lifetime Withdrawal from Industry
Calgary, Alberta – On October 19, 2011, Donna Mah, who was most recently registered as an associate with Mortgage Advantage Inc. in Calgary, applied to the Real Estate Council of Alberta (RECA) to withdraw from industry membership in accordance with s.54 of the Real Estate Act.
At the time of her application, Ms Mah was the subject of conduct proceedings to determine whether or not she:
- masterminded or participated in a scheme to obtain mortgages through deceit;
- supplied documents as part of a mortgage application she knew to be false or misleading to facilitate the issuance of a mortgage through deceit;
- created false or misleading documents to facilitate the granting of a mortgage by deceit;
- participated in fraudulent or unlawful activities in connection with the provision of services or in any dealings;
- made representations or carried on conduct that was reckless or intentional and that mislead or deceived any person(s) or was likely to do so;
- failed to disclose in writing to her client how she was going to be paid for her services;
- failed to make sure that her role in the transaction was clear;
- failed to discuss the role that she would play in the transaction and to discuss and present the applicable agency form in the mortgage transaction;
- failed to provide competent service;
- failed to fulfill her fiduciary obligations to her client and/or the lender;
- failed to practice in strict accordance with the Real Estate Act, Regulations, Rules made pursuant to the Act, Bylaws and any other laws that govern trading in real estate, mortgage transactions or appraisals in Alberta;
- engaged in conduct that undermines public confidence in the industry, harms the integrity of the industry, or brings the industry into disrepute;
- failed to disclose in writing to the parties to the deal in mortgage what steps, if any, were taken to verify the information obtained or supplied by the brokerage to the parties, including information contained in the mortgage application and other representations made by the borrower or lender and the identity of the parties to the deal in mortgage.
At the time of the withdrawal application approval, there had been no disciplinary hearing, admissions or findings of fact.
By virtue of operation of the Real Estate Act, Part Three, conduct proceedings are discontinued. Ms Mah’s application to withdraw was approved by RECA and results in a voluntary lifetime prohibition from industry membership.
The Real Estate Council of Alberta (RECA) is an independent, non-government agency, responsible for regulating real estate, mortgage broker, and real estate appraisal industry professionals under Alberta’s Real Estate Act. RECA is mandated to protect consumers and to provide services that enhance and improve the industry and the business of industry members.