DOB: Mortgage Help For America - CO

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IN THE MATTER OF:

MORTGAGE HELP FOR
AMERICA LIMITED
LIABILITY COMPANY
a/k/a MORTGAGE HELP FOR
AMERICA     

     ("Mortgage Help for America")

   
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CONSENT ORDER        

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, Mortgage Help for America is a New Jersey limited liability company with an office at 1529 Route 206, Unit A, Tabernacle, New Jersey;
 
WHEREAS, the Commissioner, through the Consumer Credit Division (“Division”) of the Department of Banking, conducted an investigation pursuant to Section 36a-17(a) of the Connecticut General Statutes into the activities of Mortgage Help for America to determine if it had violated, was violating or was about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
 
WHEREAS, on August 13, 2013, the Commissioner, acting pursuant to Sections 36a-52(b), 36a 50(c), 36a-671a(b), 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued a Temporary Order to Cease and Desist, Order to Make Restitution (“Order to Make Restitution”), Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing (collectively “Order and Notice”) against Mortgage Help for America, which Order and Notice is incorporated herein by reference;
 
WHEREAS, on August 14, 2013, the Order and Notice was sent by certified mail, return receipt requested, to Mortgage Help for America (Certified Mail No. 70020860000215459793);
 
WHEREAS, on August 16, 2013, Mortgage Help for America received the Order and Notice, and on August 30, 2013, requested a hearing on the Order and Notice, which hearing is currently scheduled for October 10, 2013;
 
WHEREAS, the Order and Notice provided Mortgage Help for America with the opportunity for a hearing, and stated that if a hearing was not requested by Mortgage Help for America within 14 days of its receipt, the Order to Make Restitution shall remain in effect and become permanent, and the Commissioner would issue an order that Mortgage Help for America cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon Mortgage Help for America;
 
WHEREAS, the Commissioner alleged in the Order and Notice, with respect to the activity described therein, that Mortgage Help for America’s 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.  Such alleged violation forms the basis to issue an order to cease and desist pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, to issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes, and to impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes;
 
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 Mortgage Help for America now desire to resolve the matters alleged in the Order and Notice and set forth herein;
 
WHEREAS, Mortgage Help for America voluntarily agrees to consent to the entry of the sanctions described below without admitting or denying any allegation contained in the Order and Notice and set forth herein and solely for the purpose of obviating the need for further formal administrative proceedings concerning the allegation contained in the Order and Notice and set forth herein;
 
WHEREAS, Mortgage Help for America herein represents that on or about April 8, 2013, it ceased and desisted from engaging or offering to engage in debt negotiation in this state or taking on any new Connecticut-based clients for debt negotiation services;

WHEREAS, Mortgage Help for America agrees that the Order and Notice may be used in construing the terms of this Consent Order and agrees to the language of this Consent Order;
 
AND WHEREAS, Mortgage Help for America, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to a hearing as it pertains to the allegations contained in the Notice and set forth herein, and voluntarily waives its right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.


CONSENT TO ENTRY OF SANCTIONS

WHEREAS, Mortgage Help for America, through its execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:

1. Mortgage Help for America shall immediately cease and desist from violating Section 36a 671(b) of the Connecticut General Statutes;
2. No later than thirty (30) days following the date Mortgage Help for America executes this Consent Order, Mortgage Help for America shall repay fees to the Connecticut residents in the amounts identified in Exhibit A attached hereto, and shall provide Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov, evidence of such repayments;
3. No later than the date Mortgage Help for America executes this Consent Order, Mortgage Help for America shall remit the sum of Two Thousand Five Hundred Dollars ($2,500) to the Department of Banking as a civil penalty by cashier’s check, certified check or money order, made payable to “Treasurer, State of Connecticut”.


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 will be resolved and the Commissioner will not take any future enforcement action against Mortgage Help for America  based upon the allegation contained in the Order and Notice and set forth herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Mortgage Help for America 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 Mortgage Help for America and reflected herein is subsequently discovered to be untrue;
3. Upon issuance of this Consent Order by the Commissioner, and so long as Mortgage Help for America complies with the terms of this Consent Order, nothing in the issuance of this Consent Order shall adversely affect the ability of Mortgage Help for America to apply for or obtain renewal licenses under Sections 36a-671 to 36a-671e, inclusive, of the Connecticut General Statutes, contained in Part II of Chapter 669 of the Connecticut General Statutes; and
4. This Consent Order shall become final when issued.


Issued at Hartford, Connecticut
this 11th day of October 2013.           _______/s/_________
                                                     Howard F. Pitkin
                                                     Banking Commissioner



I, Neal Vanderpoel, state on behalf of Mortgage Help for America Limited Liability Company a/k/a Mortgage Help for America, 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 Mortgage Help for America Limited Liability Company a/k/a Mortgage Help for America; that Mortgage Help for America Limited Liability Company a/k/a Mortgage Help for America agrees freely and without threat or coercion of any kind to comply with the provisions of this Consent Order; and that Mortgage Help for America Limited Liability Company a/k/a Mortgage Help for America voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.

                                                 By:  ________/s/________
                                                 Name:  Neal Vanderpoel
                                                 Title:  Managing Member
                                                 Mortgage Help for America
                                                 Limited Liability Company
                                                 a/k/a Mortgage Help for America

State of:  New Jersey

County of:  Mercer


On this the 7th day of October 2013, before me, Mark K. Smith, the undersigned officer, personally appeared Neal Vanderpoel who acknowledged himself/herself to be the Managing Member of Mortgage Help for America Limited Liability Company a/k/a Mortgage Help for America, a member managed/manager managed limited liability company, and that he/she as such Managing Member, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the limited liability company by himself/herself as Managing Member.

In witness whereof I hereunto set my hand.


                                                       _________/s/_________
                                                       Attorney-at-Law of State of New Jersey  
                                                       



Administrative Orders and Settlements