DOB: Gotham Capital Mortgage Corp., Order Revoking First and Secondary Mortgage Broker Licenses

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IN THE MATTER OF:

GOTHAM CAPITAL MORTGAGE CORP.

    ("Respondent")

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ORDER REVOKING FIRST AND
SECONDARY
MORTGAGE
BROKER LICENSES


I.  PRELIMINARY STATEMENT

WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part I of Chapter 668, Sections 36a-485 to 36a-534a, inclusive, of the Connecticut General Statutes, “Mortgage Lenders, Brokers and Originators”;
 
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking (“Department”), conducted an investigation of the activities of Respondent, pursuant to the authority granted by Section 36a-17 of the Connecticut General Statutes, to determine if Respondent had violated, was violating or was about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
 
WHEREAS, on April 23, 2008, the Commissioner, acting pursuant to Sections 36a-492(b), 36a-494(a)(1)(C), 36a-517(a)(1)(C) and 36a-51(a) of the 2008 Supplement to the General Statutes, issued a Notice of Automatic Suspension, Notice of Intent to Revoke First and Secondary Mortgage Broker Licenses and Notice of Right to Hearing (collectively “Notice”) against Respondent, which Notice is incorporated herein by reference;
 
WHEREAS, on April 23, 2008, the Notice was sent by registered mail, return receipt requested, to Respondent (Registered Mail No. RB028034830US);
 
WHEREAS, the Notice provided Respondent with the opportunity for a hearing and stated that the Commissioner would issue an order revoking Respondent’s licenses to act as a first and secondary mortgage broker in Connecticut from 60 East 42nd Street, Suite 2508, New York, New York, if a hearing was not requested within 14 days of its receipt;
 
WHEREAS, on April 30, 2008, the Notice was returned to the Department marked “Returned To Sender – Not Deliverable as Addressed, Unable To Forward”;
 
WHEREAS, Section 36a-51(a) of the 2008 Supplement to the General Statutes provides, in pertinent part, that “[t]he notice shall be deemed received by the licensee on the earlier of the date of actual receipt or seven days after mailing or sending”;
 
WHEREAS, Respondent failed to request a hearing within the prescribed time period;
 
WHEREAS, the Commissioner alleged in the Notice, with respect to the activity described therein, that Respondent’s failure to maintain a bond is a violation of Section 36a-492(a) of the 2008 Supplement to the General Statutes and constitutes grounds to revoke Respondent’s licenses to act as a first and secondary mortgage broker in Connecticut from 60 East 42nd Street, Suite 2508, New York, New York, pursuant to Sections 36a-494(a)(1)(C) and 36a-517(a)(1)(C) of the 2008 Supplement to the General Statutes, respectively;
 
WHEREAS, Section 36a-51(b) of the 2008 Supplement to the General Statutes provides, in pertinent part, that “[i]f the licensee does not request a hearing within the time specified in the notice or fails to appear at the hearing, the commissioner shall . . . revoke . . . the license.  No such license shall be . . . revoked except in accordance with the provisions of chapter 54”;
 
WHEREAS, Section 36a-1-31(a) of the Regulations of Connecticut State Agencies provides, in pertinent part, that “[w]hen a party fails to request a hearing within the time specified in the notice, the allegations against the party may be deemed admitted.  Without further proceedings or notice to the party, the commissioner shall issue a final decision in accordance with section 4-180 of the Connecticut General Statutes and section 36a-1-52 of the Regulations of Connecticut State Agencies”;
 
WHEREAS, Section 36a-494(a)(1) of the 2008 Supplement to the General Statutes provides, in pertinent part, that “[t]he commissioner may . . . revoke . . . any [first mortgage broker] license . . . , in accordance with the provisions of section 36a-51, . . . if the commissioner finds that the licensee or any proprietor, director, officer, member, partner, shareholder, trustee, employee or agent of such licensee has . . . (C) violated any of the provisions of this title”;
 
WHEREAS, Section 36a-517(a)(1) of the 2008 Supplement to the General Statutes provides, in pertinent part, that [t]he commissioner may . . . revoke . . . any [secondary mortgage broker] license . . . , in accordance with the provisions of section 36a-51, . . . if the commissioner finds that the licensee or any proprietor, director, officer, member, partner, shareholder, trustee, employee or agent of such licensee has . . . (C) violated any of the provisions of this title”;
 
AND WHEREAS, Section 36a-492(a) of the 2008 Supplement to the General Statutes provides, in pertinent part, that “[n]o such [first mortgage broker] license, and no renewal thereof, shall be granted unless the applicant has filed a bond with the commissioner written by a surety authorized to write such bonds in this state, in the sum of forty thousand dollars . . . .  The bond shall run concurrently with the period of the license granted to the applicant, and the aggregate liability under the bond shall not exceed the penal sum of the bond.”


II.  FINDINGS OF FACT AND CONCLUSIONS OF LAW

1.
The Commissioner finds that the matters asserted, as set forth in paragraphs 1 through 6, inclusive, of Section II of the Notice shall constitute findings of fact within the meaning of Section 4-180(c) of the Connecticut General Statutes, and that the conclusions set forth in Section III of the Notice shall constitute conclusions of law within the meaning of Section 4-180(c) of the Connecticut General Statutes and Section 36a-1-52 of the Regulations of Connecticut State Agencies.
2.
The Commissioner finds that Respondent has engaged in acts or conduct which, pursuant to Sections 36a-494(a)(1)(C) and 36a-517(a)(1)(C) of the 2008 Supplement to the General Statutes, constitutes sufficient grounds to revoke Respondent’s licenses to act as a first and secondary mortgage broker in Connecticut from 60 East 42nd Street, Suite 2508, New York, New York.
3.
The Commissioner finds that the Notice was given in compliance with Section 36a-51(a) of the 2008 Supplement to the General Statutes and Sections 4-177 and 4-182(c) of the Connecticut General Statutes.
 

III.  ORDER

Having read the record, I HEREBY ORDER, pursuant to Sections 36a-494(a)(1)(C), 36a-517(a)(1)(C) and 36a-51(b) of the 2008 Supplement to the General Statutes, that:

1.
The licenses of Gotham Capital Mortgage Corp., to act as a first and secondary mortgage broker in Connecticut from 60 East 42nd Street, Suite 2508, New York, New York, be and are hereby REVOKED; and
2.
This Order revoking the licenses of Gotham Capital Mortgage Corp., to act as a first and secondary mortgage broker in Connecticut from 60 East 42nd Street, Suite 2508, New York, New York, shall become effective when mailed.
 

Dated at Hartford, Connecticut
this 15th day of May 2008.                        ________/s/_________
                                                            Howard F. Pitkin
                                                            Banking Commissioner


This order was mailed by certified mail,
return receipt requested, to Respondent
on May 15, 2008.


Gotham Capital Mortgage Corp.      Certified Mail No. 7007 2680 0001 3136 6514
60 East 42nd Street, Suite 2508
New York, NY 10165



Administrative Orders and Settlements