BEFORE THE VIRGINIA STATE BAR DISCIPLINARY BOARD
IN THE MATTER OF
CHARLES ROBERT GRAY VSB Docket No. 00-031- 2347/CRESPA
The court reporter for the proceeding,
Tracy J. Stroh, Chandler & Halaz, P.O. Box 9349, Richmond, Virginia 23227, telephone
(804) 730-1222, was duly sworn by Mr. Moffet. Each member of the hearing panel
stated on the record that he had no business or financial interest, and no personal
bias that would impair his ability to hear the matter fairly and impartially.
The board admitted Virginia State Bar Exhibits 1, 2, 3, 4A thru M, 5 and 6.
The board admitted Respondent's Exhibits 1 thru 13 and 15. The board heard testimony
of witnesses produced on behalf of the Virginia State Bar and the testimony
of the respondent, Charles R. Gray. The board received argument from Bar Counsel
and from counsel on behalf of respondent and retired for purposes of deliberation.
The board finds that Virginia Code Section 6.1-2.20 defines "Settlement Agent"
as follows:
"Settlement Agent" means a person other than a party to the real estate transaction
who provides escrow, closing or settlement services in connection with a transaction
related to real estate in this Commonwealth and who is listed
as the settlement agent on the settlement statement for such a transaction.
(emphasis added)
Virginia State Bar Exhibits 4A thru
M are the settlement statements for 13 of the 15 real estate transactions listed
in the Virginia State Bar's Notice of Violations. All of said settlement statements,
with the exception of Virginia State Bar Exhibit 4A, list either Commonwealth
Escrow & Title Services, Inc. or an attorney other than respondent as the settlement
agent for those transactions. Thus, by definition, respondent can not be a "settlement
agent", as that term is defined in CRESPA, in any of the transactions other
than the one reflected in Virginia State Bar Exhibit 4A and under Virginia Code
Section 6.1-2.21.A, "[a]ny such person, not acting in the capacity of a settlement
agent shall not be subject to the provisions of this chapter." Therefore, the
alleged violations as to the transactions reflected in Virginia State Bar Exhibits
4B through M are dismissed.
With respect to Virginia State Bar Exhibit 4A, the Vice President of Commonwealth
Escrow & Title Services, Inc. testified that he generated this settlement statement
after the closing in order to disburse escrow funds and that it was not the
settlement statement used at the closing and he did not know who had done the
actual closing or who was listed as the settlement agent on the settlement statement
generated for the actual closing. Moreover, respondent testified that he did
not perform any "escrow, closing or settlement services" in connection with
this transaction. The Virginia State Bar failed to prove by clear and convincing
evidence that Charles R. Gray was listed as the settlement agent on the actual
settlement statement and failed to prove by clear and convincing evidence that
the respondent provided "escrow, closing or settlement services", as that term
is defined in Virginia Code Section 6.1-2.20, in relation to that real estate
transaction. Therefore, the alleged CRESPA violation in connection with the
transaction referred to in Virginia State Bar 4A is dismissed.
The other two transactions referred to in the Virginia State Bar's Notice of
Violations, John McColman and Arthur Sturman, are also dismissed. Respondent
introduced the settlement statement in the McColman transaction and it did not
list respondent as the settlement agent and neither party introduced a settlement
statement or any other evidence which would establish a violation with regard
to the Sturman transaction.
Accordingly, all charges of CRESPA violations against the respondent either
listed in the notice or presented at the hearing are dismissed for the reasons
stated above.
And there being nothing further to do in this cause, it is hereby ORDERED that
the Clerk of the Disciplinary System shall remove this matter from the Disciplinary
Board Docket and place it among ended causes.
ENTERED this ______ day of August, 2001.
VIRGINIA STATE BAR DISCIPLINARY BOARD
By ___________________________________
William M. Moffet, Chairman