Administrative Hearing Commission

Richard Maseles, Esquire

No constitutional violation when Real Estate Commission revoked license for mortgage fraud committed before enactment of statute specifying grounds for revocation due to mortgage fraud. Greer v. Missouri Real Estate Commission, No. 12-1490 RE (Mo. AHC, February 22, 2013), Barragán-Scott, C.

Greer participated in a mortgage fraud scheme in 2005, then received a broker-salesperson license from MREC later that year. She was tried and convicted of federal wire fraud, after which the MREC revoked her license pursuant to § 339.100.5(5). First, the federal offense (18 U.S.C. § 1343) is similar in nature to the state offense (§ 570.310), violation of which is grounds for revocation under § 39.100.5(5), to justify revocation. Applying § 339.100.5(5) (which was not enacted until 2008) to revoke Greer’s license did not violate the prohibition of Mo. Const. Art. I, § 13 against retrospective laws because it did not impair any vested or substantial right in her license (because she had none), nor did it impose a new obligation, duty, or disability. Nor was there an ex post facto violation, because the licensing statute is civil, not criminal.