June 19, 2009
FIRST CLASS AND CERTIFIED MAIL
Mr. George Frederick Brown, Jr.
63 Chatham Street
New Haven, CT 06513
Re: Denial of Mortgage Loan Originator License
Dear Mr. Brown:
On July 29, 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 Neighborhood Assistance Corporation of America, 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, or that the financial responsibility, character, reputation, integrity and general fitness of such originator are not such as to warrant belief that licensure would be in the public interest and consistent with the purposes of Sections 36a-485 to 36a-498a, inclusive, and Sections 36a-760a to 36a-760h, inclusive, of the Connecticut General Statutes. 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(D)(2) of the Form MU4, which asks “[h]ave you ever: . . . (2) been charged with any felony?”, 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 arrested on January 28, 2008, and were charged with one count of evading responsibility – death/serious injury (a class U felony). This felony charge was pending at the time you submitted your Form MU4. Accordingly, I find that you made a material misstatement in your present application. Although you have supplied explanatory information indicating that at the time you submitted your Form MU4 you did not understand that the charges stemming from the January 28, 2008, arrest included a felony charge, I am unable to find your explanation convincing.
Review of your criminal history in connection with your present application also reveals that you made material misstatements in your application to renew your mortgage loan originator registration in August 2006. In response to Question #1 on your Renewal Addendum dated August 14, 2006 (“Renewal Addendum”), which asked, “[h]ave you ever been convicted in any state or federal court of any crime (not including motor vehicle traffic misdemeanors)?”, you answered, “[n]o.” Your criminal history reveals that on May 14, 1999, you were convicted of assault in the 3rd degree (a class A misdemeanor), threatening in the 2nd degree (a class A misdemeanor), and failure to appear 2nd degree (a class A misdemeanor). On August 5, 1996, you were also convicted on two counts for failure to appear in the 2nd degree (class A misdemeanors).
I find that you have made a material misstatement in your present application. In addition, the present material misstatement and the past material misstatements cause me to be unable to find that your character and integrity are such as to warrant belief that licensure would be in the public interest and consistent with the purposes of Sections 36a-485 to 36a-498a, inclusive, and Sections 36a-760a to 36a-760h, inclusive, of the Connecticut General Statutes. Accordingly, I am unable to grant you a license as a mortgage loan originator.
Very truly yours,
Howard F. Pitkin
Certified Mail No. 7007 1490 0004 3509 7048
cc: Neighborhood Assistance Corporation of America