December 14, 2009
FIRST CLASS AND CERTIFIED MAIL
Mr. Ross Sims
3101 N Country Club Drive
Aventura, FL 33180
Re: Denial of Mortgage Loan Originator License
Dear Mr. Sims:
On May 21, 2009, 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. At the outset, you are not presently sponsored by a licensed mortgage lender, mortgage correspondent lender or mortgage broker, which prohibits me from issuing you an active mortgage loan originator license. In addition, pursuant to Section 36a-489 of the Connecticut General Statutes, as amended by Public Acts 09-207, 09-208 and 09-209, I hereby deny the license for the reason set forth below.
Section 36a-489(b)(1)(B) of the Connecticut General Statutes, as amended, prohibits me from issuing an initial license for a mortgage loan originator unless I find at a minimum, among other things, that the applicant has “notwithstanding the provisions of section 46a-80, . . . not been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign or military court during the seven-year period preceding the date of the application for licensing or at any time preceding such date of application if such felony involved an act of fraud, dishonesty, a breach of trust or money laundering, provided any pardon of a conviction shall not be a conviction for purposes of this subdivision”. If I deny the license, I must notify the applicant of the denial and the reasons for such denial.
In response to Question 8(D)(1) of the Form MU4, which asked “[h]ave you ever: (1) been convicted of or pled guilty or nolo contendere (‘no contest’) in a domestic, foreign, or military court to any felony?”, you answered “yes.” Pursuant to the authority granted to me by Section 36a-17 of the Connecticut General Statutes, I have reviewed your criminal history record, which disclosed that in 2005, you pled guilty to the charge of “cocaine/sell/man/deliver/poss w/ intent” (a 2nd degree felony) in Miami/Dade County Florida. Because you pled guilty to a felony within the seven-year period preceding the date of your application for licensing, I am prohibited by law from issuing you a mortgage loan originator license.
For the reason stated above, I am unable to issue you a mortgage loan originator license.
Very truly yours,
Howard F. Pitkin
Certified Mail No. 7007 1490 0004 3509 7406