June 30, 2008
FIRST CLASS AND REGISTERED MAIL
Mr. Howard C. Belford, Jr.
21 Linwood Drive
Coventry, RI 02816
Re: Denial and Rejection of Originator Registration
Dear Mr. Belford:
On May 22, 2008, Homeland Funding Solutions, Inc. (“Homeland Funding”) filed a New Application for Registration of Loan Originators with the Consumer Credit Division (“Division”) of this department seeking to register you as a loan originator. Homeland Funding is currently licensed as a first mortgage broker under Part I(A) of Chapter 668 of the Connecticut General Statutes, “Nondepository First Mortgage Lenders, Brokers and Originators”.
Section 36a-489(b) of the 2008 Supplement to the General Statutes requires me to register an originator unless I find, among other things, that the character and integrity of such originator are not such as to warrant belief that registration would be in the public interest and consistent with the purposes of Sections 36a-485 to 36a-498a, inclusive, of the Connecticut General Statutes. If I deny the registration, I must notify the originator and the applicant of the denial and the reasons for such denial. Pursuant to Section 36a-489(b) of the 2008 Supplement to the General Statutes, I hereby deny and reject the registration for the reasons set forth below.
Section 46a-80 of the Connecticut General Statutes provides, in pertinent part, that:
(a) Except as provided in subsection (b) of this section and subsection (b) of section 46a-81, and notwithstanding any other provisions of law to the contrary, a person shall not . . . be disqualified to practice, pursue or engage in any occupation, trade, vocation, profession or business for which a . . . registration is required to be issued by the state of Connecticut or any of its agencies solely because of a prior conviction of a crime.
(b) A person may be denied . . . a . . . registration to pursue, practice or engage in an occupation, trade, vocation, profession or business by reason of the prior conviction of a crime if after considering (1) the nature of the crime and its relationship to the job for which the person has applied; (2) information pertaining to the degree of rehabilitation of the convicted person; and (3) the time elapsed since the conviction or release, the state, or any of its agencies determines that the applicant is not suitable for . . . the specific occupation, trade, vocation, profession or business for which the . . . registration is sought.
(c) If a conviction of a crime is used as a basis for rejection of an applicant, such rejection shall be in writing and specifically state the evidence presented and reasons for rejection. A copy of such rejection shall be sent by registered mail to the applicant.
Pursuant to the authority granted to me by Section 36a-17 of the Connecticut General Statutes, I have, through the Division, investigated your activities to determine whether your financial responsibility, character, reputation, integrity and general fitness are such as to warrant belief that granting you registration as an originator would be in the public interest and consistent with the purposes of Sections 36a-485 to 36a-498a, inclusive, of the Connecticut General Statutes. As a result of such investigation, I have considered the fact that, among other crimes, on May 5, 2006, you were convicted of simple assault, and were sentenced to one year suspended and one year probation, with no contact with victim for one year. In addition, on May 21, 2001, you were convicted of felony assault, and were sentenced to probation for two years and ordered to make restitution. I have considered the criteria contained in Section 46a-80(b) of the Connecticut General Statutes that must be considered prior to rejecting a registration based solely upon convictions.
Based on the nature of the crimes mentioned above and their relationship to the registration being sought and the time elapsed since the convictions, I am unable to find that your financial responsibility, character, reputation, integrity and general fitness are such as to warrant belief that granting you a registration as an originator will be in the public interest and consistent with the purposes of Sections 36a-485 to 36a-498a, inclusive, of the Connecticut General Statutes.
Very truly yours,
Howard F. Pitkin
Registered Mail No. RB028034891US
cc: Homeland Funding Solutions, Inc.