DOB: Allied Home Mortgage Capital Corporation, Settlement Agreement

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IN THE MATTER OF:

ALLIED HOME MORTGAGE
CAPITAL CORPORATION

    ("Allied Home Mortgage")

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SETTLEMENT AGREEMENT        

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, conducted an investigation pursuant to Section 36a-17 of the Connecticut General Statutes into the activities of Allied Home Mortgage 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, on December 15, 2008, the Commissioner, acting pursuant to Section 4-182(c) of the Connecticut General Statutes, Section 36a-494(a)(1)(C) of the 2008 Supplement to the General Statutes, as amended by Public Acts 07-91, 07-156 and 08-176, and Sections 36a-51(a) and 36a-52(a) of the 2008 Supplement to the General Statutes, issued an Order of Summary Suspension, Notice of Intent to Revoke Mortgage Lender License, Notice of Intent to Issue Order to Cease and Desist and Notice of Right to Hearing (collectively “Notice”) against Allied Home Mortgage, which Notice is incorporated by reference herein;
 
WHEREAS, the Notice alleged that Allied Home Mortgage, in violation of Section 36a-492(a) of the 2008 Supplement to the General Statutes, as amended by Public Acts 07-156 and 08-176, failed to maintain a surety bond that runs concurrently with the period of the license granted to Allied Home Mortgage to engage in the business of a mortgage lender in Connecticut from 1778 East Main Street, Suite A, Waterbury, Connecticut;
 
WHEREAS, on December 22, 2008, Allied Home Mortgage received the Notice, and no request for a hearing was received by the Commissioner;
 
WHEREAS, on January 2, 2009, Allied Home Mortgage specifically assured the Commissioner that Allied Home Mortgage has not done any business in Connecticut since September 30, 3008;
 
WHEREAS, Section 4-177(c) of the Connecticut General Statutes and Section 36a-1-55(a) of the Regulations of Connecticut State Agencies provide that a contested case may be resolved by agreed settlement, unless precluded by law;
 
WHEREAS, Allied Home Mortgage agrees to voluntarily enter into this Settlement Agreement without admitting or denying any allegations contained in the Notice set forth herein, and solely for the purpose of obviating the need for formal administrative proceedings concerning the allegation described above;
 
WHEREAS, Allied Home Mortgage, through its execution of this Settlement Agreement, voluntarily agrees to waive any rights to a hearing upon the allegations contained in the Notice, 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 Allied Home Mortgage based upon the allegations contained in the Notice.
 
NOW THEREFORE, the Commissioner and Allied Home Mortgage enter into this Settlement Agreement as follows:

1. Prior to the date this Settlement Agreement is executed by the Commissioner, Allied Home Mortgage will surrender its mortgage lender licenses Nos. 6962 and 6963, and cease engaging in the business of a mortgage lender in Connecticut from 1778 East Main Street, Suite A, Waterbury, Connecticut;
2. Nothing in this Settlement Agreement shall adversely affect the ability of Allied Home Mortgage to apply for or obtain a license or renewal license under Part I of Chapter 668 of the Connecticut General Statutes in the future; and
3. 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 Allied Home Mortgage to enforce this Settlement Agreement if the Commissioner determines that Allied Home Mortgage is not fully complying with any term or condition stated herein or if any representation made by Allied Home Mortgage and reflected herein is 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 26th day of January 2009.            ________/s/_________
                                                     Howard F. Pitkin
                                                     Banking Commissioner



I, F. Anthony Musgrave, state on behalf of Allied Home Mortgage Capital Corporation, 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 Allied Home Mortgage Capital Corporation; and that Allied Home Mortgage Capital Corporation agrees freely and without threat or coercion of any kind to comply with the terms and conditions stated herein.                                            

                                            By:  ________/s/_________
                                                   Name:  F. Anthony Musgrave
                                                   Title:  EVP / Gen. Counsel
                                                   Allied Home Mortgage Capital Corporation


State of:  Texas

County of:  Harris


On this the 21st day of January 20098, before me, Cynthia A. Coogler, the undersigned officer, personally appeared F. Anthony Musgrave, who acknowledged himself/herself to be the EVP Gen Counsel of Allied Home Mortgage Capital Corporation, a corporation, and that he/she, as such EVP Gen Counsel, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself/herself as EVP Gen Counsel.

In witness whereof I hereunto set my hand.


                                         ________/s/_________
                                         Notary Public / Commissioner of the Superior Court
                                         Date Commission Expires:  June 27, 2009


Administrative Orders and Settlements