DOB: Maurice Fitchett, Order Revoking and Refusing to Renew Mortgage Loan Originator License

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IN THE MATTER OF:

MAURICE FITCHETT

    ("Respondent")

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ORDER REVOKING AND
REFUSING TO RENEW
MORTGAGE LOAN
ORIGINATOR LICENSE


I.  PRELIMINARY STATEMENT

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, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation of the activities of Respondent, pursuant to the authority granted by Section 36a-17 of the Connecticut General Statutes, to determine if Respondent had violated, was violating or was about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
 
WHEREAS, on June 22, 2009, the Commissioner, acting pursuant to Sections 36a-494(a)(2) and 36a-51 of the Connecticut General Statutes, issued a Notice of Intent to Revoke and Refuse to Renew Mortgage Loan Originator License and Notice of Right to Hearing (collectively “Notice”) against Respondent, which Notice is incorporated herein by reference;
 
WHEREAS, on June 24, 2009, the Notice was sent by registered mail, return receipt requested, to Respondent (Registered Mail No. RB028036305US);
 
WHEREAS, the Notice provided Respondent with the opportunity for a hearing and stated that if a hearing was not requested within 14 days of its receipt, the Commissioner would issue an order revoking and refusing to renew Respondent’s license to act as a mortgage loan originator in Connecticut;
 
WHEREAS, on July 20, 2009, the Notice was received by Respondent, and on July 23, 2009, the Commissioner received a request for a hearing, which request was subsequently withdrawn on August 28, 2009;
 
WHEREAS, the Commissioner alleged in the Notice that Respondent made material misstatements in his current application for renewal of his mortgage loan originator license and in a prior application for renewal of his originator registration with respect to his criminal history;
 
WHEREAS, the Commissioner also alleged in the Notice that the material misstatement in the current renewal application would be sufficient grounds to deny the requested renewal under Section 36a-489(b) of the Connecticut General Statutes, and constitutes sufficient grounds to revoke and refuse to renew Respondent’s license to act as a mortgage loan originator in Connecticut pursuant to Sections 36a-494(a)(2) and 36a-51 of the Connecticut General Statutes;
 
WHEREAS, the Commissioner further alleged in the Notice that the material misstatements in the current and previous renewal applications demonstrate that Respondent’s character, integrity and general fitness are not such as to warrant belief that granting Respondent a mortgage loan originator license 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, which constitutes sufficient grounds to revoke and refuse to renew Respondent’s license to act as a mortgage loan originator in Connecticut pursuant to Sections 36a-494(a)(2) and 36a-51 of the Connecticut General Statutes;
 
WHEREAS, Section 36a-51(b) of the Connecticut General Statutes provides, in pertinent part, that “[i]f the licensee does not request a hearing within the time specified in the notice . . . , the commissioner shall . . . revoke or refuse to renew the license.  No such license shall be . . . revoked except in accordance with the provisions of chapter 54”;
 
AND WHEREAS, Section 36a-1-31(a) of the Regulations of Connecticut State Agencies provides, in pertinent part, that “[w]hen a party fails to request a hearing within the time specified in the notice, the allegations against the party may be deemed admitted.  Without further proceedings or notice to the party, the commissioner shall issue a final decision in accordance with section 4-180 of the Connecticut General Statutes and section 36a-1-52 of the Regulations of Connecticut State Agencies”.
 
 
II.  FINDINGS OF FACT AND CONCLUSIONS OF LAW

1.
The Commissioner finds that the matters asserted, as set forth in paragraphs 1 through 8, inclusive, of Section II of the Notice shall constitute findings of fact within the meaning of Section 4-180(c) of the Connecticut General Statutes, and that the conclusions as set forth in Section III of the Notice shall constitute conclusions of law within the meaning of Section 4-180(c) of the Connecticut General Statutes and Section 36a-1-52 of the Regulations of Connecticut State Agencies.
2.
The Commissioner finds that Respondent has engaged in acts or conduct which, pursuant to Sections 36a-492(a)(2) and 36a-51 of the Connecticut General Statutes, constitutes sufficient grounds to revoke and to refuse to renew Respondent’s license to act as a mortgage loan originator in Connecticut.
3.
The Commissioner finds that the Notice was given in compliance with Sections 36a-51, 4-177 and 4-182(c) of the Connecticut General Statutes.
 

III.  ORDER

Having read the record, I HEREBY ORDER, pursuant to Sections 36a-492(a)(2) and 36a-51 of the Connecticut General Statutes, that:

1.
The license of Maurice Fitchett to act as a mortgage loan originator in Connecticut, be and is hereby REVOKED;
2.
The license of Maurice Fitchett to act as a mortgage loan originator in Connecticut, NOT BE RENEWED; and
3. This Order shall become effective when mailed.


Dated at Hartford, Connecticut
this 23rd day of November 2009.                ________/s/_________
                                                            Howard F. Pitkin
                                                            Banking Commissioner

This order was mailed by certified mail,
return receipt requested, to Respondent
on November 24, 2009.


Maurice Fitchett           Certified Mail No. 70031680000085235833
24 Saddle Road
Norwalk, CT 06851


Administrative Orders and Settlements