June 3, 2009
FIRST CLASS AND CERTIFIED MAIL
Mr. Patrick B. Kelly, Jr.
140 Lorraine Street, 2nd Floor
Bridgeport, CT 06604
Re: Denial of Mortgage Loan Originator License
Dear Mr. Kelly:
On November 5, 2008, you filed a Form MU4, “Uniform Individual Mortgage License/Registration & Consent Form” (“Form MU4”), with the Nationwide Mortgage Licensing System seeking to obtain a mortgage loan originator license in Connecticut. Your sponsoring company is Landmark Capital Mortgage, LLC, which is currently licensed as a mortgage broker under Part I of Chapter 668 of the Connecticut General Statutes, “Mortgage Lenders, Correspondent Lenders, Brokers and Loan Originators”. Pursuant to Section 36a-489(b) of the Connecticut General Statutes, I hereby deny the license for the reason set forth below.
Section 36a-489(b) of the Connecticut General Statutes requires me to license a mortgage loan originator unless I find, among other things, that the mortgage loan originator has made a material misstatement in the application for a mortgage loan originator license. If I deny the license, I must notify the proposed mortgage loan originator of the denial and the reasons for such denial.
In response to Question 8(F)(1) of the Form MU4, which asked, in pertinent part, “[h]ave you ever been convicted of or pled guilty or nolo contendere (‘no contest’) in a domestic, foreign, or military court to a misdemeanor involving: . . . any fraud, false statements, or omissions . . .?”, you answered “[n]o”. Pursuant to the authority granted to me by Section 36a-17 of the Connecticut General Statutes, I have reviewed your criminal history record in Connecticut, which disclosed that you were convicted of False Report in the 2nd degree on March 3, 2005 (Misd-A), and were sentenced to six-months jail, six-months suspended and two years probation.
Based on the facts mentioned above, I find that you have made a material misstatement in your application for a mortgage loan originator license. Therefore, I am unable to grant you a license as a mortgage loan originator.
Very truly yours,
Howard F. Pitkin
Certified Mail No. 70031680000085235444
cc: Landmark Capital Mortgage, LLC