DOB: Bulletin 2621 - May 16, 2014

The Department of Banking News Bulletin 

Bulletin # 2621
Week Ending May 16, 2014

This bulletin constitutes the only official notification you will receive from this office concerning any of the following applications. Any observations you may have are solicited. Any comments should be in writing to Howard F. Pitkin, Banking Commissioner, at the Connecticut Department of Banking, 260 Constitution Plaza, Hartford, CT 06103-1800 or via E-mail. Written comments will be considered only if they are received within ten days from the date of this bulletin.



STATE BANK ACTIVITY
Merger
 
On May 8, 2014, Salisbury Bank and Trust Company, a Connecticut chartered bank and trust company and wholly owned subsidiary of Salisbury Bancorp, Inc., a Connecticut corporation, and Riverside Bank, a New York chartered bank and trust company, filed an application pursuant to Sections 36a-412(b) and 36a-125 of the Connecticut General Statutes seeking approval for the merger of Riverside Bank, with its main office located at 11 Garden Street, Poughkeepsie, New York, with and into Salisbury Bank and Trust Company, with its main office located at 5 Bissell Street, Lakeville, Connecticut.

 Application for a Business and Industrial Development Corporation
 
On May 7, 2014, pursuant to Section 36a-628 of the Connecticut General Statutes, Business Lenders, LLC, a Delaware limited liability with headquarters at  50 State House Square, Hartford, Connecticut, applied for a license to engage in the business of a business and industrial development corporation in Connecticut as a participating lender under the loan guarantee programs of the federal Small Business Administration.    The application is being filed in connection with the proposed acquisition by US Community Lending Holdings, LLC, a Delaware limited liability company located in Woodland Hills, California, of a controlling interest in Business Lenders, LLC.
 

CONSUMER CREDIT DIVISION ACTIVITY
Order to Cease and Desist and Order Imposing Civil Penalty
 
On May 5, 2014, the Commissioner issued an Order to Cease and Desist and Order Imposing Civil Penalty (“Order”) In the Matter of:  Daniel Charles Allegrini (“Respondent”).  The basis of the Order was that Respondent engaged in debt negotiation in this state without obtaining the required license, in violation of Section 36a-671(b) of the Connecticut General Statutes and engaged in debt negotiation of a residential mortgage loan without being licensed as a mortgage loan originator in Connecticut, in violation of 36a-671e(b) of the Connecticut General Statutes.  Respondent was ordered to cease and desist from violating Sections 36a-671(b) and 36a-671e(b) of the Connecticut General Statutes and to pay a civil penalty in the amount of $100,000.  In addition, an Order to Make Restitution previously issued against the Respondent on March 27, 2014, remains in effect and became permanent on April 19, 2014.

Notice of Intent to Issue Order to Cease and Desist
and Notice of Intent to Impose Civil Penalty
 
On May 5, 2014, the Commissioner issued a Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing (“Notice”) in the Matter of:  Sound Mortgage, LLC (NMLS # 71423) (“Respondent”), Guilford, Connecticut.  The Notice was the result of an investigation by the Consumer Credit Division.  The Commissioner alleges that Respondent failed to timely file certain annual information required on the Nationwide Mortgage Licensing System and Registry, in violation of Section 36a-534b(c)(3) of the Connecticut General Statutes and in violation of an order of the Commissioner.  Respondent was afforded an opportunity to request a hearing on the allegations set forth in the Notice.

On May 5, 2014, the Commissioner issued a Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing (“Notice”) in the Matter of:  Woodbridge Mortgage LLC (NMLS # 72664) (“Respondent”), Glastonbury, Connecticut.  The Notice was the result of an investigation by the Consumer Credit Division.  The Commissioner alleges that Respondent failed to file certain annual information required on the Nationwide Mortgage Licensing System and Registry, in violation of Section 36a-534b(c)(3) of the Connecticut General Statutes and in violation of an order of the Commissioner.  Respondent was afforded an opportunity to request a hearing on the allegations set forth in the Notice.
 
On May 7, 2014, the Commissioner issued a Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing (“Notice”) in the Matter of:  P&C Capital Group LLC (“Respondent”), El Monte, California.  The Notice was the result of an investigation by the Consumer Credit Division.  The Commissioner alleges that Respondent acted within this state as a consumer collection agency without a consumer collection agency license, in violation of Section 36a 801(a) of the 2014 Supplement to the General Statutes.  Respondent was afforded an opportunity to request a hearing with regard to the allegation set forth in the Notice.

Order of Summary Suspension and Notice of Intent
to Revoke Sales Finance Company License
 
On May 8, 2014, the Commissioner issued an Order of Summary Suspension, Notice of Intent to Revoke Sales Finance Company License and Notice of Right to Hearing (“Order and Notice”) In the Matter of:  Condor Capital Corp. (“Respondent”), Hauppauge, New York.  The Order and Notice was the result of an investigation by the Consumer Credit Division.  The Commissioner alleges that:  (1) the filing of a civil complaint by Benjamin M. Lawsky, Superintendent of Financial Services of the State of New York against Respondent and an officer of Respondent (“Complaint”) in the U.S. District Court, Southern District of New York (“Court”) No. 14-CV-2863, which Complaint alleges that Respondent has wrongfully retained customers’ positive credit balances and taken active steps to conceal such balances from its customers and its regulators, and (2) the issuance by the Court of an Ex Parte Temporary Restraining Order and Order to Show Cause for Preliminary Injunction against Respondent and such officer (“Restraining Order”), pending the Court’s determination on the Superintendent’s Motion for a Preliminary Injunction, constitute a basis for the Commissioner to conclude that Respondent and an officer, director or principal employee of Respondent fail to demonstrate that the financial responsibility, character, reputation, integrity and general fitness of Respondent are such as to warrant belief that the business will be operated soundly and efficiently, in the public interest and consistent with the purposes of sections 36a-535 to 36a 546, inclusive, of the Connecticut General Statutes, which failure constitutes grounds to deny an application, which would be sufficient grounds to revoke Respondent’s license.  The Commissioner also found that public safety and welfare imperatively require emergency action to summarily suspend Respondent’s license to engage in the business of a sales finance company pursuant to Section 4-182(c) of the 2014 Supplement to the General Statutes and Section 36a-51(a) of the Connecticut General Statutes.  The Respondent was afforded an opportunity for an hearing on the allegation contained in the Order and Notice.
 
Consent Order
 
On May 9, 2014, the Commissioner entered into a Consent Order with Cohen, Stuart L. d/b/a Conn & Conn Co. a/k/a Conn & Conn Mortgage Company, NMLS # 113485 (“Conn & Conn”), Hartford, Connecticut.  The Consent Order was based on an investigation by the Consumer Credit Division.  As a result of such investigation, on January 23, 2014, the Commissioner issued a Temporary Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing against Conn & Conn.  The Commissioner alleged that Conn & Conn:  (1) engaged in the business of making residential mortgage loans without a license by advertising, soliciting or offering to make residential mortgage loans via its website and letterhead, in violation of Section 36a-486(a) of the Connecticut General Statutes, (2) acted as a mortgage broker without a license by advertising via its website that it would negotiate, solicit, place or find residential mortgage loans, either directly or indirectly, in violation of Section 36a-486(a) of the Connecticut General Statutes, and (3) charged, imposed or caused to be paid, directly or indirectly, prepaid finance charges in excess of five per cent of the principal amount of a first mortgage loan, in violation of Section 36a-498a of the Connecticut General Statutes in effect prior to July 1, 2008.  As part of the Consent Order, Conn & Conn agreed to cease and desist from:  (1) engaging in the business of making residential mortgage loans in this state without a license, in violation of Section 36a-486(a) of the Connecticut General Statutes, including advertising, soliciting or offering to make residential mortgage loans, (2) acting as a mortgage broker in this state without a license, in violation of Section 36a-486(a) of the Connecticut General Statutes, including by advertising via its website that it negotiates, solicits, places or finds residential mortgage loans, either directly or indirectly, and (3) charging, imposing or causing to be paid, directly or indirectly, prepaid finance charges in excess of five per cent of the principal amount of a first mortgage loan, in violation of Section 36a-498a of the Connecticut General Statutes in effect prior to July 1, 2008.  In addition, Conn & Conn agreed to repay all prepaid finance charges in excess of five per cent or $2,000, as applicable, paid by a Connecticut resident in connection with a first mortgage loan and to pay a civil penalty of $10,000.
 
 

        Dated:  Tuesday, May 20, 2014

 
       Howard F. Pitkin
       Banking Commissioner