DOB: Mortgage Giver, LLC, Settlement Agreement

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IN THE MATTER OF:

MORTGAGE GIVER, LLC

    ("Mortgage Giver")

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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-534c, inclusive, of the Connecticut General Statutes, “Mortgage Lenders, Correspondent Lenders, Brokers and Loan Originators”;
 
WHEREAS, Mortgage Giver is a limited liability company currently licensed by the Commissioner as a mortgage broker under Part I of Chapter 668, Sections 36a-485 et seq. of the Connecticut General Statutes;
 
WHEREAS, in April 2007, 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 Giver 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, as a result of such examination, the Commissioner alleges that Mortgage Giver employed or retained, during the period of June 2005 through March 2007, twenty-seven (27) individuals as loan originators without registering them, in violation of Sections 36a-486(b) and 36a-511(b) of the then applicable Connecticut General Statutes; 
 
WHEREAS, the Commissioner believes that the unregistered loan originator allegations would support initiation of enforcement proceedings against Mortgage Giver, including proceedings to revoke Mortgage Giver’s license pursuant to Sections 36a-494(a) and 36a-51 of the Connecticut General Statutes, issue a cease and desist order against Mortgage Giver pursuant to Sections 36a-494(b) and 36a-52(a) of the Connecticut General Statutes, and impose a civil penalty of up to one hundred thousand dollars ($100,000) per violation on Mortgage Giver pursuant to Sections 36a-494(b) and 36a-50(a) of the Connecticut General Statutes;
 
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, both the Commissioner and Mortgage Giver acknowledge the possible consequences of formal administrative proceedings;
 
WHEREAS, Mortgage Giver 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, Mortgage Giver herein represents to the Commissioner that it has reviewed and updated its internal policies, procedures and controls for assessing whether an individual engaged in mortgage-related activity with Mortgage Giver requires licensure from the Commissioner under Part I of Chapter 668, Sections 36a-485 et seq., of the Connecticut General Statutes, including but not limited to licensure as an originator under Section 36a-486(b) of the Connecticut General Statutes;
 
WHEREAS, Mortgage Giver herein represents to the Commissioner that the individuals alleged to be unregistered loan originators in violation of Sections 36a-486(b) and 36a-511(b) of the Connecticut General Statutes during the period of June 2005 through March 2007, are either duly licensed by the Commissioner as loan originators with Mortgage Giver or are no longer engaged in any mortgage-related activity with Mortgage Giver that would require such individuals to be so licensed; 
 
WHEREAS, in connection with this settlement, Mortgage Giver was provided the option to pay a civil penalty in the amount of Twenty-Seven Thousand Dollars ($27,000) in settlement of the allegations contained herein;
 
WHEREAS, the State of Connecticut is a participant in the Nationwide Mortgage Licensing System and Registry (“NMLS&R”), jointly developed by the Conference of State Bank Supervisors (“CSBS”) and the American Association of Residential Mortgage Regulators to establish a unified and modern system of mortgage licensing and registration, and is committed to the success of NMLS&R;
 
WHEREAS, in connection with this settlement, Mortgage Giver was provided an alternative option to make a voluntary contribution in the amount of Twenty-Seven Thousand Dollars ($27,000) to the State Regulatory Registry LLC (“SRR”), a wholly-owned subsidiary of CSBS, to support NMLS&R;
 
WHEREAS, Mortgage Giver elected to make a voluntary contribution to SRR in lieu of a civil penalty;
 
AND WHEREAS, Mortgage Giver, 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;
 
NOW THEREFORE, the Commissioner and Mortgage Giver enter into this Settlement Agreement as follows:

1. No later than the date this Settlement Agreement is executed by Mortgage Giver, Mortgage Giver shall make a voluntary contribution by cashier’s check, certified check or money order in the amount of Twenty-Seven Thousand Dollars ($27,000) to SRR to support NMLS&R;
2. Upon entry of this Settlement Agreement, this matter will be resolved and the Commissioner will not take any future enforcement action against Mortgage Giver based upon the allegations contained herein; provided that entry of this Settlement Agreement is without prejudice to the right of the Commissioner to take enforcement action against Mortgage Giver based on the allegations contained herein if any representations made by Mortgage Giver in this Settlement Agreement are subsequently discovered to be untrue or if Mortgage Giver is not fully complying with any term or condition stated herein;
3. Nothing in the entry of this Settlement Agreement shall adversely affect the ability of Mortgage Giver to apply for or obtain licenses or renewal licenses under Part I of Chapter 668, Sections 36a-485 et seq., of the Connecticut General Statutes, and to apply for or obtain licensure of its originators from the Commissioner;
4. Notwithstanding paragraph 2 herein, execution of this Settlement Agreement is without prejudice to the right of the Commissioner to take enforcement action against Mortgage Giver to enforce this Settlement Agreement if the Commissioner determines that Mortgage Giver is not fully complying with any term or condition stated herein.  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 21st day of April 2009.        

________/s/_________
Howard F. Pitkin
Banking Commissioner


I, Daniel Edwards, state on behalf of Mortgage Giver, 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 Giver, LLC; that Mortgage Giver, LLC agrees freely and without threat or coercion of any kind to comply with the terms and conditions stated herein; and that Mortgage Giver, LLC voluntarily agrees to enter into this Settlement Agreement, expressly waiving any right to a hearing on the matters described herein.

                                          By:  ________/s/_________
                                                 Name:  Daniel Edwards 
                                                 Title:  Member
                                                 Mortgage Giver, LLC

State of:  MA

County of:  Hampden

On this the 18th day of April 2009, before me, Sara Day Bahrehmand, the undersigned officer, personally appeared Daniel Edwards who acknowledged himself to be the Member of Mortgage Giver, LLC, a member managed limited liability company, and that he, as such Member 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 Member.

In witness whereof I hereunto set my hand.

                                        ________/s/_________
                                        Notary Public
                                        Date Commission Expires:  1/05/2012


Administrative Orders and Settlements