SKM_C451i26071416160

Index: OFR 2026 - 342 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION In Re: AXE CAPITAL LENDING LLC, and Case Number: 135139 EDUARDO A. HERNANDEZ, Respondents. FINAL ORDER This cause came on for consideration and final agency action. Upon review of the record and being otherwise fully advised in the premises, the Office of Financial Regulation ("Office") hereby finds: 1. The Office has jurisdiction over the subject matter of this case and the parties hereto. 2. The entry of this Final Order concludes the above-referenced matter. ORDERED: A. The Stipulation and Consent Agreement (Exhibit A) is hereby approved and incorporated by reference as if fully stated herein and is adopted as the Office's Findings of Fact and Conclusions of Law. B. The parties shall comply with all terms of the Stipulation and Consent Agreement. DONE and ORDERED this Jl(-fl. day of July, 2026, in Tallahassee, Leon County, Florida. Commissioner CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by email to Respondents, Axe Capital Lending LLC and Eduardo A. Hernandez, at eddie@axecapitallending.com on this ~ ay of July, 2026. 4-8050 . . lerk@flofr.gov Tel: (850) 410-9889 2 Exhibit A STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION In Re: AXE CAPITAL LENDING LLC and Case Number: 135139 EDUARDO A. HERNANDEZ, Respondents. STIPULATION AND CONSENT AGREEMENT The State of Florida, Office of Financial Regulation ("Office"), and AXE CAP IT AL LENDING LLC and EDUARDO A. HERNANDEZ ("Respondents"), in consideration of the mutual promises herein, recite, stipulate, and agree as follows: 1. Backuound. At all times material hereto, Axe Capital Lending LLC is and has been a mortgage lender licensee pursuant to chapter 494, Florida Statutes, having been issued license number MLD2452. At all times material, Eduardo A. Hernandez is and has been the Manager, Sole Owner, and Principal Loan Originator of Axe Capital Lending LLC. The Office conducted an examination (No. 133404) to ascertain Respondents' compliance with chapter 494, Florida Statutes. In lieu of initiating a formal proceeding, the parties are herein resolving the matters at issue. 2. Jurisdiction. The Office is the state agency charged with the administration and enforcement of chapter 494, Florida Statutes, and the rules promulgated thereunder. The Office has jurisdiction to bring this administrative action against Respondents pursuant to chapter 494, Florida Statutes. 3. Findings. For purposes of this Stipulation and Consent Agreement, Respondents consent to the Office making the following findings: a) Respondents failed to timely file a Financial Audit Report (FAR) for the year ending on December 31, 2024. The FAR was due on April 30, 2025, but was not filed until December 11, 2025, 225 days late, in violation of section 494.0063, Florida Statutes. 4. Terms and Conditions. The parties agree that the issues raised can be expeditiously resolved without further litigation by the execution of this Stipulation and Consent Agreement. The parties acknowledge that they have read this Stipulation and Consent Agreement and fully understand the rights, obligations, terms, duties, and responsibilities with respect to its contents. Therefore, in compromise and settlement of the foregoing findings and in consideration of the Office's forbearance from further litigation, Respondents agree to the following terms and conditions: a. FUTURE COMPLIANCE. Respondents agree that they shall cease and desist from future violations of chapter 494, Florida Statutes, and the rules promulgated thereunder, and comply with all the provisions of chapter 494, Florida Statutes, and the rules promulgated pursuant thereto. b. ADMINISTRATIVE FINE. Respondents agree to pay the Office an administrative fine in the amount of One Thousand Two Hundred Fifty Dollars ($1,250.00), to be paid at the time of the execution and delivery of this Stipulation and Consent Agreement. The administrative fine shall be submitted in the form of a wire, cashier's check or money order made payable to "Office ofF inancial Regulation". Such payment shall reference Case Number 135139 and shall be sent to the attention of Agency Clerk - c/o Damaris E. Reynolds, Post Office Box 8050, Tallahassee, Florida 32314-8050. 2 Respondents acknowledge and agree that in accordance with section 215.31, Florida Statutes, regarding the deposit of monies, (i) the tendered fine or settlement check may be deposited in advance of full execution or acceptance of the Stipulation and Consent Agreement; and (ii) such deposit shall not be construed as a final acceptance of the Stipulation and Consent Agreement absent full execution thereof and entry of a Final Order adopting same. 5. Final Order. Respondents consent to the entry of a Final Order, which incorporates the terms of this Stipulation and Consent Agreement. Respondents understand and agree that this Stipulation and Consent Agreement is subject to the final approval of the Office of Financial Regulation and the entry of the Final Order adopting such Agreement. In the event that the Final Order is not entered, this Stipulation and Consent Agreement shall be null and void. The Final Order incorporating this Stipulation and Consent Agreement constitutes final action by the Office for which the Office may seek enforcement pursuant to the provisions of chapters 494 and 120, Florida Statutes, 6. Waiver. By Respondents' consent to the entry of a Final Order with respect to this proceeding, Respondents waive: a) Any right to separately stated Findings of Fact and Conclusions of Law; b) Any right to receipt of a Notice of Rights pursuant to chapter 120, Florida Statutes; c) Any right to an administrative hearing or issuance of a Recommended Order pursuant to chapter 120, Florida Statutes; and d) Any right to contest in any administrative forum or judicial proceeding (including, but not limited to, an appeal pursuant to section 120.68, Florida 3 Statutes) the validity of any term, condition, obligation, or duty expressly created in this Stipulation and Consent Agreement and the Final Order. 7. Releases. Upon full execution of this Stipulation and Consent Agreement, Respondents waive, release, and forever discharge the Office and its agents, representatives, and employees from any and all causes of action, in law or in equity, which Respondents may have arising out of this matter. The Office accepts this release and waiver by Respondents on behalf of itself, its agents, representatives, and employees without acknowledging, and expressly denying, that any such right or cause of action may exist. 8. Failure to Complv. Respondents acknowledge, concur, and stipulate that Respondents' failure to comply with any of the terms, obligations, and conditions of this Stipulation and Consent Agreement, and the Final Order adopting it, is a violation of the written agreement and the Final Order entered pursuant to chapters 120 and 494, Florida Statutes. Such non-compliance may result in the issuance of an emergency cease and desist order. However, nothing herein shall be construed to limit Respondents' right to contest any finding or detennination of non-compliance. 9. Attorney's Fees. Each party herein shall be solely responsible for its separate costs and attorney's fees incurred in the prosecution, defense, or negotiations in this matter up to and including the entry of the Final Order adopting this Stipulation and Consent Agreement. 10. Severability. The parties agree that if any provision of this Stipulation and Consent Agreement or the application thereof to any person or circumstance is held invalid, the Stipulation and Consent Agreement will be given effect without the invalid provision, and to this end, the provisions of this Stipulation and Consent Agreement are declared severable. 4 11. Counterparts. This Stipulation and Consent Agreement may be executed in any number of counterparts, and by the parties in separate counterparts, each of which will be deemed to be an original but all of which together will constitute but one Stipulation and Consent Agreement. Copies of this Stipulation and Consent Agreement transmitted by facsimile or electronic mail shall have the same validity as if bearing an original signature. 12. Entire Agreement. This Stipulation and Consent Agreement represents the entire agreement by and between Respondents and the Office. Any alterations, variations, changes, modifications, or waivers of the provisions hereof shall be valid only when they have been reduced to writing, duly signed by the Office and Respondents hereto, attached to the original of this Stipulation and Consent Agreement, and subject to the approval of the Office. WHEREFORE, in consideration of the foregoing, the Office and Respondents execute this Stipulation and Consent Agreement for entry of a Final Order on the last date executed below. [this space intentionally left blank with signatures appearing on the following page] 5 AXE CAPITAL LENDING LLC: Date: _ 1-_i/ (_p ,_/_z_ _~-- Name: Eduardo A. Hernandez Title: Manager, Sole Owner, and Principal Loan Originator State oiR()":~ oJ.e. County of U\Oi-..ti - Eduardo A. Hernandez, as Manager, Sole Owner, and Principal Loan Originator of Axe Capital □ Lending LLC, BEFORE ME by means of ~hysical presence or online notarization, has sworn (o r affirmed) that he has read and understands the foregoing agreement and voluntarily signed the same. SWORN TO AND SUBSCRIBED before me this __'-,-;-(--c=~ll ..q....~ _ ___,,, 2026. lt\ 1l~-•~y OLGA NUNEZ {~~ ~i Notary Public· State of Flortda ,~!lf a€! Commission# HH 722864 Check the appropriate box: ••. ......e , .• •· My Comm. Expires Oct 27 2029 D Bonded throurh National Nota~ Assn. Personally known OR Produced Identification Type of identification produced ~Driver,s License D Passport D Other _______ (Do not include ID number) 6 EDUARDO A. HERNANEZ: 1-/ Dare: 0 / 2, G ---~ - -7-- --- - - Name: Eduardo A. Hernandez T~ State of 1cie., \J., o.... , ~M County of 1 i - Eduardo A. Hernandez, BEFORE ME by means of ii'physical presence or □ online notarization, has sworn (or affirmed) that he has read and understands the foregoing agreement and voluntarily signed the same. SWORN TO AND SUBSCRIBED before me this {Q Check the appropriate box: 0 OLGA NUNEZ Personally known Notary Public • State of Florida Commission # HH 722864 g-" My Comm. Expires Oct 27, 2029 OR Produced Identification ed through National Notary Assn. Type of identification produced ~Driver's License D Passport D Other ______ (Do not include ID numb~r) OFFICE OF FINANCIAL REGULATION 7/13/2026 Date: _________ _ _ Gregory C. Oaks, Director Division of Consumer Finance 7