DOB: Attorney Processing Solutions, LLC - CD-CP

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IN THE MATTER OF:

THE MORTGAGE LAW GROUP, LLP
a/k/a THE LAW FIRM OF MACEY,
ALEMAN & SEARNS
("Mortgage Law Group")

ATTORNEY PROCESSING
SOLUTIONS, LLC
("Attorney Processing Solutuions")

    (collectively, "Respondents")

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ORDER TO CEASE AND DESIST

AND

ORDER IMPOSING CIVIL PENALTY


I.  PRELIMINARY STATEMENT

WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Sections 36a-671 to 36a-671e, inclusive, of the Connecticut General Statutes contained in Part II of Chapter 669 of the Connecticut General Statutes, “Debt Adjusters and Debt Negotiation”;
 
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation of the activities of Respondents, pursuant to the authority granted by Section 36a-17(a) of the 2012 Supplement to the General Statutes, to determine if they had violated, were violating or were about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
 
WHEREAS, on April 24, 2012, the Commissioner, acting pursuant to Section 36a-52(b) of the Connecticut General Statutes, Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Sections 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued a Temporary Order to Cease and Desist, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing (collectively “Notice”) against Respondents, which Notice is incorporated herein by reference;
 
WHEREAS, on April 24, 2012, the Notice was sent by certified mail, return receipt requested, to Mortgage Law Group (Certified Mail No. 70112000000247358284), Mortgage Law Group’s agent (Certified Mail No. 70112000000247358291) and Mortgage Law Group’s attorney (Certified Mail No. 70112000000247358321);
 
WHEREAS, on April 24, 2012, the Notice was sent by certified mail, return receipt requested, to Attorney Processing Solutions (Certified Mail No. 70112000000247358307) and to Attorney Processing Solutions’ agent (Certified Mail No. 70112000000247358314);
 
WHEREAS, the Notice provided Respondents with the opportunity for a hearing, and stated that if a hearing was not requested by a Respondent within 14 days of each Respondent’s receipt, the Commissioner would issue an order that such Respondent cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011, may issue an order of repayment of fees, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon such Respondent;
 
WHEREAS, on April 25, 2012, Mortgage Law Group’s attorney received the Notice; on April 27, 2012, Mortgage Law Group’s agent received the Notice and on May 8, 2012, Mortgage Law Group received the Notice.  On May 3, 2012, Mortgage Law Group requested a hearing, which hearing is currently subject to an open-ended continuance;
 
WHEREAS, on April 26, 2012, Attorney Processing Solutions’ agent received the Notice and on April 30, 2012, Attorney Processing Solutions received the Notice, and no request for a hearing has been received by the Commissioner from Attorney Processing Solutions;
 
WHEREAS, the Commissioner alleged in the Notice, with respect to the activity described therein, that Respondents’ engaging in debt negotiation in this state without obtaining the required license constitutes a violation of Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011.  Such violation forms the basis to issue an order to cease and desist pursuant to Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Section 36a-52(a) of the Connecticut General Statutes and to impose a civil penalty pursuant to Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Section 36a-50(a) of the Connecticut General Statutes. 
 
WHEREAS, Section 36a-52(a) of the Connecticut General Statutes provides, in pertinent part, that “[i]f the person does not request a hearing within the time specified in the notice or fails to appear at the hearing, the commissioner shall issue an order to cease and desist against the person.  No such order shall be issued except in accordance with the provisions of chapter 54”;
 
WHEREAS, Section 36a-50(a)(2) of the Connecticut General Statutes provides, in pertinent part, that “[i]f such person does not request a hearing within the time specified in the notice or fails to appear at the hearing, the commissioner may, as the facts require, order that a civil penalty not exceeding one hundred thousand dollars per violation be imposed upon such person”;
 
WHEREAS, Section 36a-50(a)(3) of the Connecticut General Statutes provides, in pertinent part, that “[e]ach action undertaken by the commissioner under this subsection shall be 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 2, 3, 6, 7 and 8 of Section II of the Notice, to the extent applicable to Attorney Processing Solutions, 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 paragraph 2 of 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 Attorney Processing Solutions has engaged in acts or conduct which, pursuant to Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Section 36a-52(a) of the Connecticut General Statutes, forms the basis to issue an order to cease and desist against Attorney Processing Solutions, and, pursuant to Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Section 36a-50(a) of the Connecticut General Statutes, forms the basis to impose a civil penalty upon Attorney Processing Solutions.
3.
The Commissioner finds that the Notice was given in compliance with Sections 36a-52(a), 36a-50(a) and 4-177 of the Connecticut General Statutes.


III.  ORDER

Having read the record, I HEREBY ORDER, pursuant to Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Sections 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, that:

1.
Attorney Processing Solutions, LLC CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011;
2.
A CIVIL PENALTY of One Hundred Thousand Dollars ($100,000) be imposed against Attorney Processing Solutions, LLC, to be remitted to the Department of Banking by cashier’s check, certified check or money order, made payable to “Treasurer, State of Connecticut”, no later than thirty (30) days from the date this Order is mailed; and
3.
This Order shall become effective when mailed.
 

Dated at Hartford, Connecticut
this 12th day of September 2012.               ________/s/_________
                                                            Howard F. Pitkin
                                                            Banking Commissioner



This Order was sent by certified mail,
return receipt requested, to Respondents
and Respondents’ agents on September 12th, 2012.

The Mortgage Law Group, LLP            Certified Mail No. 70110470000225730843
a/k/a The Law Firm of Macey, Aleman & Searns
233 South Wacker Drive, Suite 5150
Chicago, IL 60606

The Mortgage Law Group, LLP             Certified Mail No. 70110470000225730850
a/k/a The Law Firm of Macey, Aleman & Searns
c/o National Registered Agents, Inc. of NV
1000 East William Street, Suite 204
Carson City, NV 89701

Brandon P. Levesque, Esq.                 Certified Mail No. 70110470000225730867
Horton, Shields & Knox
90 Gillett Street
Hartford, CT 06105

Attorney Processing Solutions, LLC      Certified Mail No. 70110470000225730874
Attention:  Aaron Cushman, Manager
13205 US HWY 1, #302
Juno Beach, FL 33408

Attorney Processing Solutions, LLC      Certified Mail No. 70110470000225730881
c/o Greenspan Marder, P.A., Agent
100 W. Cypress Creek Rd., Suite 700
Ft. Lauderdale, FL 33309


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