DOB: Mortgage Matters, LLC Settlement Agreement

* * * * * * * * * * * * * * *


IN THE MATTER OF:

Mortgage Matters, LLC

 
("Mortgage Matters")

* * * * * * * * * * * * * * *

*
*
*
*
*
*
*
*
*
*

SETTLEMENT AGREEMENT

         WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part I of Chapter 668 et seq., of the Connecticut General Statutes, “Mortgage Lenders, Brokers and Originators”;

       WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an examination pursuant to Section 36a-17 of the Connecticut General Statutes into the activities of Mortgage Matters to determine if it had violated, was violating or was about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;

       WHEREAS, Mortgage Matters is a limited liability company that is currently licensed as a mortgage broker under Part I of Chapter 668 of the Connecticut General Statutes; 

       WHEREAS, as a result of the examination, the Commissioner alleges that during the period of October 20, 2007 through January 21, 2008, Mortgage Matters employed or retained an originator without registering her, in violation of Sections 36a-486(b) of the 2008 Supplement to the General Statutes; 

       WHEREAS, the Commissioner believes that the Commissioner’s allegations support the initiation of enforcement proceedings against Mortgage Matters, including proceedings to revoke Mortgage Matters’ license pursuant to Sections 36a-494(a) of the 2008 Supplement to the General Statute as amended by public act 07-91, 07-156 and 08-176, issue a cease and desist order against Mortgage Matters pursuant to Section 36a-52(a) of the 2008 Supplement to the General Statutes and Sections 36a-494(b) of the 2008 Supplement to the General Statutes as amended by Public Act 07-91, 07-156 and 08-176 and impose a civil penalty of up to $100,000 per violation on Mortgage Matters pursuant to Section 36a-50(a) of the Connecticut General Statutes and Sections 36a-494(b) of the 2008 Supplement to the General Statutes, as amended by Public Act 07-91, 07-156 and 08-176; 

       WHEREAS, Section 4-177(c) of the Connecticut General Statutes states, in pertinent part, that “[u]nless precluded by law, a contested case may be resolved by . . . agreed settlement”;

       WHEREAS, Section 36a-1-55(a) of the Regulations of Connecticut State Agencies states, in pertinent part, that “[p]ursuant to subsection (c) of section 4-177 of the Connecticut General Statutes, unless precluded by law, any contested case may be resolved by . . . agreed settlement”;

       WHEREAS, Mortgage Matters agrees to voluntarily enter into this Settlement Agreement without admitting or denying any allegations set forth herein, and solely for the purposes of obviating the need for formal administrative proceedings concerning the allegations described above;

       WHEREAS, on September 17, 2008 and September 29, 2008, Mortgage Matters made a contribution to the State Regulatory Registry LLC, a wholly owned subsidiary of the Conference of State Bank Supervisors (“CSBS”), in the amount of one thousand dollars ($1,000), to support the Nationwide Mortgage Licensing System, jointly sponsored by CSBS and the American Association of Residential Mortgage Regulators;

       WHEREAS, Mortgage Matters, through its execution of this Settlement Agreement, voluntarily agrees to waive any rights to a hearing upon the allegations contained in this Settlement Agreement, and waives the right to seek judicial review or otherwise challenge or contest the validity of this Settlement Agreement;

       AND WHEREAS, upon the entry of this Settlement Agreement, this matter will be resolved and the Commissioner will not take any future enforcement action against Mortgage Matters based upon the allegations contained herein.

       NOW THEREFORE, the Commissioner and Mortgage Matters enter into this Settlement Agreement as follows:

1. Notwithstanding anything to the contrary in this Settlement Agreement, execution of this Settlement Agreement is without prejudice to the right of the Commissioner to take enforcement action against Mortgage Matters to enforce this Settlement Agreement, if the Commissioner determines that Mortgage Matters is not fully complying with any term or condition stated herein or if any representations made by Mortgage Matters and reflected herein are subsequently discovered to be untrue.  For purposes of this paragraph, a violation of this Settlement Agreement shall be deemed to be a violation of an order of the Commissioner.

         IN WITNESS WHEREOF, the parties hereto have caused this Settlement Agreement to be executed by each of them or their duly authorized representatives on the dates hereinafter subscribed.

Dated at Hartford, Connecticut
this 30th day of October 2008.             ________/s/_________
                                                    HOWARD F. PITKIN
                                                    Banking Commissioner

         I, Chad R. Horning, state on behalf of Mortgage Matters, LLC, that I have read the foregoing Settlement Agreement; that I know and fully understand its contents; that I am authorized to execute this Settlement Agreement on behalf of Mortgage Matters, LLC; that Mortgage Matters, LLC agrees freely and without threat or coercion of any kind to comply with the terms and conditions stated herein; and that Mortgage Matters, LLC voluntarily agrees to enter into this Settlement Agreement, expressly waiving any right to a hearing on the matters described herein.


By:  _________________/s/_______________
 Chad R. Horning
 Managing Member
 Mortgage Matters, LLC

State of:  Connecticut

County of:  New Haven


          On this the 24th day of October, 2008, before me, Jill Sharillo, the undersigned officer, personally appeared Chad R. Horning who acknowledged himself to be the Managing Member of Mortgage Matters, LLC, and that he, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the limited liability company by himself as Managing Member.

 In witness whereof I hereunto set my hand.

 _____________/s/______________
 Notary Public
 Date Commission Expires:  November 30, 2008



          I, Gregory J. Domingue, state on behalf of Mortgage Matters, LLC, that I have read the foregoing Settlement Agreement; that I know and fully understand its contents; that I am authorized to execute this Settlement Agreement on behalf of Mortgage Matters, LLC; that Mortgage Matters, LLC agrees freely and without threat or coercion of any kind to comply with the terms and conditions stated herein; and that Mortgage Matters, LLC voluntarily agrees to enter into this Settlement Agreement, expressly waiving any right to a hearing on the matters described herein.


By:  ______________/s/________________
 Gregory J. Domingue
 Managing Member
 Mortgage Matters, LLC


State of:  Connecticut

County of:  New Haven


          On this the 18th day of October, 2008, before me, Patricia O'Neil, the undersigned officer, personally appeared Gregory J. Domingue who acknowledged himself to be the Managing Member of Mortgage Matters, LLC, and that he, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the limited liability company by himself as Managing Member.

 In witness whereof I hereunto set my hand.

 _______________/s/_______________
 Notary Public
 Date Commission Expires:  May 31, 2013


 


Administrative Orders and Settlements