Jermiah Divall - Lifetime Withdrawal from Industry
Calgary, Alberta – On April 16, 2014, Jermiah Divall, previously a mortgage broker in Calgary, applied to permanently withdraw from industry membership.
At the time of his application, Mr. Divall was the subject of conduct proceedings to determine whether he:
- masterminded and/or participated in a scheme to obtain mortgage(s) through deceit.
- made representations or carried on conduct that is reckless or intentional and that misleads or deceives any person or is likely to do so.
- engaged in conduct that undermines public confidence in the industry, harms the integrity of the industry or brings the industry into disrepute.
- failed to obtain consent in a verifiable way to pull credit bureau reports.
- failed to disclose in writing how he would be paid for his services.
- failed to ensure his role in the transaction was clear and to discuss and present the applicable agency form in the mortgage transaction.
- failed to disclose in writing to the parties what steps, if any, were taken to verify the information obtained or supplied to the brokerage to the parties, including information contained in the mortgage application, other representations made by the borrower or lender and the identity of the parties to deal in mortgage(s).
- failed to act competently.
- failed to act honestly.
- failed to cooperate fully with, and provide any information requested to, any representative of the council carrying out their duties and responsibilities under the Act.
- failed to practice in strict accordance with the Act, Regulations, Rules, Bylaws and any other laws that govern trading in real estate, mortgage transactions or appraisals in Alberta.
- failed to report a judgment against himself in relation to the provision of services or sale of goods to consumers.
- failed to report a judgment rendered against a business in which he was the director.
- engaged in unauthorized property management by Mika Property Management Ltd. in which he was a director and 50% shareholder.
At the time of the withdrawal application approval, there had been no disciplinary hearing, admissions of conduct or findings of fact. The Real Estate Council of Alberta (RECA) approved Mr. Divall’s application to withdraw and this results in a voluntary lifetime prohibition from industry membership; conduct proceedings are now discontinued.
The Real Estate Council of Alberta (RECA) is an independent, non-government agency, responsible for governing 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 professionals.