RECA brings court-ordered injunction against fake broker

RECA brings court-ordered injunction against fake broker

RECA brings court-ordered injunction against fake broker The Real Estate Council of Alberta has brought a court-ordered injunction against mortgage broker and Realtor, Derek Johnson, who is illegally trading in real estate.

The injunction orders Johnson, who also goes by the name John Davis, to cease and desist trading in real estate and dealing in mortgages. Johnson is not licensed in either industry. He was also ordered to pay $2,500 in fees and remove his websites and social media posts.

 Earlier this year, RECA promised to take further action against Johnson, who has not yet complied with any of RECA’s own cease-and-desist orders, or paid any RECA fines, which now total $65,000.

Johnson has been involved with a variety of real estate and mortgage companies, including, Free List Calgary, Partners in Success Mortgage and New Age Financing. None of these brands, however, are licensed to buy and sell real estate, or provide mortgages.

RECA fined Johnson a total of $50,000 on two separate charges of posing as an agent. He was also fined $15,000 for the same charge a year earlier.

Johnson hasn’t paid any of those fines, and based on his correspondence with other news organizations, he doesn’t intend to.

"The right to participate in contract and commerce is a fundamental human right," Johnson wrote in an email to the CBC in August.

However, Johnson appears to violate the rights of others, mainly targeting vulnerable people whose homes are in foreclosure.

 "We find it's for nefarious purposes, and that is that they want to generate cash flow," Charles Stevenson of RECA told the CBC. "If at all possible they'll find a way to steal identity, perpetrate mortgage fraud and move the people on through without their knowledge."
  • LanceH 2014-12-17 2:19:59 PM
    I don't know if this guy's conduct is nefarious or not, but he's actually right about the freedom to do business. Here in Ont, I've heard respected lawyers say the same thing. For example, he doesn't have to follow RECA's rules, as he's not a member. When you sign up with say RECO here in Ontario, you sign something saying you agree to follow their rules, if you don't sign it, you don't have to. No one can force you to join an organization, and refusal to join an organization does not preclude you from doing business in this country.
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  • MP 2014-12-17 2:24:12 PM
    hahaha tell that to the Judge...People can say whatever they want but the law is the law!! Break it and pay the consequences.
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  • LanceH 2014-12-17 2:33:13 PM
    @MP. You laugh, but this is an issue about maintaining democracy. There are those that seek to control society through the side door. On our university campuses they use the same tactic, telling you you HAVE to join the Student's Assoc. That Association will then kick you out of school if you so much as say something they don't like. And in fact, the Student Assoc has nothing to do with you paying your acceptance and tuition. Still think it's a non-issue? It's one of the biggest issues in our society today, and nobody's even paying attention. It's the same with unions and many other situations. I notice how you say, "break the law and pay the consequences", what part of - there's no law that can force you to join an organization didn't you get? See how ingrained it is in your head? You thought an joining an organization and "the law" are one in the same. They have nothing to do with each other!
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