DOB: Anilom Mortgage Corporation - CO

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IN THE MATTER OF:

ANILOM MORTGAGE
CORPORATION
NMLS # 120299
    ("Anilom")

SAMUEL MOLINA JR.
NMLS # 130560
     ("Molina")

     (collectively "Respondents")

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CONSENT ORDER        

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, Anilom is a Connecticut corporation with an office at 9 Mott Avenue, Suite 306, Norwalk, Connecticut, and is currently licensed as a mortgage broker in Connecticut under Part I of Chapter 668, Sections 36a-485 et seq., of the Connecticut General Statutes;
 
WHEREAS, Molina is the sole owner, the President, the designated contact employee and the qualified individual of Anilom;
 
WHEREAS, Molina is presently licensed to engage in the business of a mortgage loan originator in Connecticut on behalf of Anilom;
 
WHEREAS, on December 20, 2011, Anilom requested renewal of its license to act as a mortgage broker in Connecticut on the Nationwide Mortgage Licensing System and Registry (“NMLS”) for the January 1 through December 31, 2012 licensing period, which application is currently pending;
 
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking (“Division”), pursuant to the authority granted by Section 36a-17(a) of the 2012 Supplement to the General Statutes and Section 36a-498f of the Connecticut General Statutes, investigated the activities of Anilom to determine if it continues to meet the minimum standards for licensure under the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
 
WHEREAS, on June 21, 2012, the Commissioner, acting pursuant to Sections 36a-494(a)(1), 36a-494(a)(1)(C) and subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, issued a Notice of Intent to Revoke and Refuse to Renew Mortgage Broker License and Notice of Right to Hearing against Anilom (“Original Notice”), which Original Notice is incorporated herein by reference;
 
WHEREAS, the Original Notice alleged that Anilom failed to establish and maintain the statutory net worth requirement and failed to timely file various required reports on NMLS, all of which constituted sufficient grounds to revoke or refuse to renew Anilom’s license to act as a mortgage broker in Connecticut for the 2012 licensing period;
 
WHEREAS, on June 26, 2012, the Original Notice was sent by certified mail, return receipt requested, to Anilom at 9 Mott Avenue, Suite 306, Norwalk, Connecticut (Certified Mail No. 70110470000225730348);
 
WHEREAS, on June 29, 2012, Anilom received the Original Notice, and on July 9, 2012, Anilom requested a hearing;
 
WHEREAS, on August 6, 2012, the Commissioner, acting pursuant to Section 36a-1-22 of the Regulations of Connecticut State Agencies, issued an Amended Notice of Intent to Revoke and Refuse to Renew Mortgage Broker License (“Amended Notice”) against Anilom, which Amended Notice is incorporated herein by reference;
 
WHEREAS the Amended Notice again alleged that Anilom failed to establish and maintain the statutory net worth requirement and failed to file various required reports on NMLS, all of which constituted sufficient grounds to revoke or refuse to renew Anilom’s license to act as a mortgage broker in Connecticut;
 
WHEREAS, on August 6, 2012, the Amended Notice was sent by certified mail, return receipt requested, to Anilom (Certified Mail No. 70110470000225728949);
 
WHEREAS, on August 9, 2012, Anilom received the Amended Notice;
 
WHEREAS, pursuant to Section 36a-1-22 of the Regulations of Connecticut State Agencies, Anilom’s July 9, 2012 request for a hearing preserved Anilom’s right to a hearing on the Amended Notice;
 
WHEREAS, the hearing invoked in connection with the Notice and applicable to the Amended Notice is presently subject to a continuance;
 
WHEREAS, as a result of further investigation of Anilom and Molina pursuant to the authority granted by Section 36a-17(a) of the 2012 Supplement to the General Statutes, Section 36a-17(a) of the 2012 Supplement to the General Statutes, as amended by Public Act 12-96, and Section 36a-498f of the Connecticut General Statutes, on October 10, 2012, the Commissioner, acting pursuant to Sections 36a-494(a)(1), 36a-494(a)(2) and 36a-494(a)(1)(C) of the 2012 Supplement to the General Statutes, as amended by Public Act 12-96, subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, Section 36a-494(b) of the 2012 Supplement to the General Statutes, as amended by Public Act 12-96, Section 36a-50(a) of the Connecticut General Statutes, as amended by Public Act 12-96, and Section 36a-52(a) of the Connecticut General Statutes, issued against Respondents a Temporary Order to Cease and Desist, Order of Summary Suspension, Second Amended Notice of Intent to Revoke and Refuse to Renew Mortgage Broker License, Notice of Intent to Revoke Mortgage Loan Originator License, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing (“October Order and Notice”), which October Order and Notice is incorporated herein by reference;
 
WHEREAS, the October Order and Notice made findings under Sections 36a-52(b) and 4-182(c) of the Connecticut General Statutes and Section 36a-51(a) of the 2012 Supplement to the General Statutes required to support emergency action to summarily suspend Anilom’s license to act as a mortgage broker in Connecticut and the summarily suspend Molina’s license to engage in the business of a mortgage loan originator in Connecticut and to order Anilom and Molina to immediately cease and desist from violating certain Connecticut laws;
 
WHEREAS, the Commissioner alleged in the October Order and Notice, with respect to the activity described therein, that Anilom:  (1) failed to establish and maintain the statutory net worth requirement, (2) failed to file various required reports on NMLS, (3) made a material misstatement in its mortgage broker application, and (4) made or caused to be made orally and in a document filed with the Commissioner in a proceeding and in an investigation under Title 36a, statements which were, at the time and in the light of the circumstances under which they were made, false or misleading in a material respect, each of which constituted sufficient grounds to revoke or refuse to renew Anilom’s license to act as a mortgage broker in Connecticut, and some of which formed bases upon which to issue an order to cease and desist and to impose civil penalties on Anilom;
 
WHEREAS, the Commissioner alleged in the October Order and Notice, with respect to the activity described therein, that Molina:  (1) made a material misstatement in his mortgage loan originator application, and (2) made or caused to be made orally and in a document filed with the Commissioner in a proceeding and in an investigation under Title 36a, statements which were, at the time and in the light of the circumstances under which they were made, false or misleading in a material respect, each of which constituted sufficient grounds to revoke Molina’s license to engage in the business of a mortgage loan originator in Connecticut, and some of which also provided bases upon which to issue an order to cease and desist and to impose civil penalties on Molina;
 
WHEREAS, the October Order and Notice further alleged that the Commissioner is unable to continue to find that Anilom or Molina demonstrate the requisite financial responsibility, character and general fitness to command the confidence of the community and to warrant a determination that either will operate honestly, fairly and efficiently within the purposes of Sections 36a-485 to 36a-498f, inclusive, 36a-534a and 36a-534b, which constitutes grounds to, among other things, revoke their respective licenses;
 
WHEREAS, the October Order and Notice recognized that Anilom retained its pre-existing hearing rights with regard to the Second Amended Notice of Intent to Revoke and Refuse to Renew Mortgage Broker License, and provided Anilom and Molina each with the opportunity to request a hearing in connection with all additional administrative actions taken or initiated through the October Order and Notice;
 
WHEREAS, a courtesy copy of the October Order and Notice was transmitted to Anilom and Molina by e-mail on October 10, 2012;
 
WHEREAS, on the evening of October 10, 2012, Molina requested surrender of Anilom’s mortgage broker license in Connecticut and indicated his intent to request surrender his mortgage loan originator license in Connecticut;
 
WHEREAS, Section 36a-51(c)(3) of the 2012 Supplement to the General Statutes provides that no request to surrender any license subject to an instituted proceeding to suspend, revoke or refuse to renew such license is effective in the absence of an order by the Commissioner determining the conditions under which the surrender may become effective;
 
WHEREAS, on October 11, 2012, the October Order and Notice was sent by certified mail, return receipt requested, to Anilom (Certified Mail No. 70112000000247315720) and Molina (Certified Mail Nos. 70112000000247315737 and 70112000000247315744);
 
WHEREAS, on October 15, 2012, Anilom and Molina each received the October Order and Notice, and on October 18, 2012, each requested a hearing in connection therewith, which hearing is currently scheduled for December 12, 2012;
 
WHEREAS, Section 4-177(c) of the Connecticut General Statutes and Section 36a-1-55(a) of the Regulations of Connecticut State Agencies provide that a contested case may be resolved by consent order, unless precluded by law;
 
WHEREAS, the Commissioner and Respondents now desire to resolve the matters alleged in the Original Notice, the Amended Notice, and the October Order and Notice with regard to Anilom and Molina;
 
WHEREAS, Anilom and Molina each voluntarily agree to consent to the entry of the sanctions described below without admitting or denying any allegation contained in the Original Notice, the Amended Notice or the October Order and Notice and solely for the purpose of obviating the need for further formal administrative proceedings concerning the allegations contained therein;
 
WHEREAS, Respondents acknowledge that this Consent Order is both a public record and is a reportable event for purposes of regulatory disclosure questions on NMLS;
 
WHEREAS, Respondents agree that the Original Notice, the Amended Notice and the October Order and Notice may be used in construing the terms of this Consent Order and agree to the language of this Consent Order;
 
WHEREAS, Anilom, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including all rights to a hearing as it pertains to the allegations contained in the Notice, the Amended Notice and the October Order and Notice, and voluntarily waives its rights to seek judicial review or otherwise challenge or contest the validity of this Consent Order;
 
AND WHEREAS, Molina, through his execution of this Consent Order, voluntarily agrees to waive his procedural rights, including all rights to a hearing as it pertains to the allegations contained in the October Order and Notice, and voluntarily waives his rights to seek judicial review or otherwise challenge or contest the validity of this Consent Order.


CONSENT TO ENTRY OF SANCTIONS 

WHEREAS, Respondents, through their execution of this Consent Order, consent to the Commissioner’s entry of a Consent Order imposing the following sanctions:

1. Anilom’s license to act as a mortgage broker in Connecticut is hereby REVOKED; and
2.
Molina’s license to engage in the business of a mortgage loan originator in Connecticut is hereby REVOKED.
 

CONSENT ORDER
 
NOW THEREFORE, the Commissioner enters the following:
 
1. The Sanctions set forth above be and are hereby entered;
2. Upon issuance of this Consent Order by the Commissioner, this matter with respect to Anilom will be resolved and the Commissioner will not take any future enforcement action against Anilom based upon the allegations contained in the Original Notice, the Amended Notice or the October Order and Notice; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Anilom based upon a violation of this Consent Order or the matters underlying its entry, if the Commissioner determines that compliance with the terms herein is not being observed or if any representation made by Anilom and reflected herein is subsequently discovered to be untrue;
3.
Upon issuance of this Consent Order by the Commissioner, this matter with respect to Molina will be resolved and the Commissioner will not take any future enforcement action against Molina based upon the allegations contained in the October Order and Notice; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Molina based upon a violation of this Consent Order or the matters underlying its entry, if the Commissioner determines that compliance with the terms herein is not being observed or if any representation made by Molina and reflected herein is subsequently discovered to be untrue;
4.
This Consent Order shall become final when issued.
 

Issued at Hartford, Connecticut
this 26th day of October 2012.           ________/s/_________
                                                     Howard F. Pitkin
                                                     Banking Commissioner


I, Samuel Molina Jr., state on behalf of Anilom Mortgage Corporation, that I have read the foregoing Consent Order; that I know and fully understand its contents; that I am authorized to execute this Consent Order on behalf of Anilom Mortgage Corporation; that Anilom Mortgage Corporation agrees freely and without threat or coercion of any kind to comply with the sanction entered and terms and conditions ordered herein; and that Anilom Mortgage Corporation agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.                                           


                                            By:  ________/s/_________
                                                   Name:  Samuel Molina Jr.
                                                   Title:  President sole owner
                                                   Anilom Mortgage Corporation

State of:  Connecticut

County of:  Fairfield


On this the 23rd day of October 2012, before me, Elaine G. Bandeira, the undersigned officer, personally appeared Samuel Molina Jr. who acknowledged himself to be the President and sole owner of Anilom Mortgage Corporation, and that he, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as President and sole owner.

In witness whereof I hereunto set my hand.

                                                       _________/s/__________
                                                       Notary Public
                                                       Date Commission Expires:  July 31, 2016

I, Samuel Molina Jr., state that I have read the foregoing Consent Order; that I know and fully understand its contents; that I agree freely and without threat or coercion of any kind to comply with the sanction entered and terms and conditions ordered herein; and that I voluntarily agree to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.                                           


                                                     By:  ________/s/_________
                                                            Samuel Molina Jr.
                                                   

State of:  Connecticut

County of:  Fairfield


On this the 23rd day of October 2012, before me, Elaine G. Bandeira, the undersigned officer, personally appeared Samuel Molina Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained.

In witness whereof I hereunto set my hand.

                                                       _________/s/__________
                                                       Notary Public
                                                       Date Commission Expires:  July 31, 2016



                                                   


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