DOB: National Mortgage Modification Stimulus Reserve, Inc. - CD-CP

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IN THE MATTER OF:

NATIONAL MORTGAGE
MODIFICATION STIMULUS
RESERVE, INC.
("Stimulus Reserve")

MAKING HOME AFFORDABLE USA
a/k/a NATIONAL MORTGAGE
MODIFICATION & STIMULUS
RESERVE "HOME SAVER"
PROGRAM a/k/a NATIONAL
MORTGAGE MODIFICATION &
STIMULUS RELIEF
("Making Home Affordable")

THE KEATING GROUP, INC.
d/b/a NATIONAL MORTGAGE
MODIFICATION STIMULUS
RELIEF
("NMMSR")

  (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 (“Department”), conducted an investigation of the activities of Respondents, pursuant to the authority granted by Section 36a-17(a) of the Connecticut 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 September 18, 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 Respondents, which Order and Notice is incorporated herein by reference;
 
WHEREAS, on September 19, 2013, the Order and Notice was sent by certified mail, return receipt requested, to Stimulus Reserve (Certified Mail No. 70020860000215459571); to Stimulus Reserve’s agent (Certified Mail No. 70020860000215459564); to Making Home Affordable (Certified Mail Nos. 70020860000215459588, 70020860000215459601 and 70020860000215459618); and to NMMSR (Certified Mail Nos. 70020860000215459977 and 70020860000215459625);
 
WHEREAS, the Order and Notice provided Respondents with the opportunity for a hearing, and stated that if a hearing was not requested by any Respondent within 14 days of each Respondent’s receipt of the Order and Notice, the Order to Make Restitution shall remain in effect and become permanent against such Respondent and the Commissioner would issue an order that each Respondent 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 each Respondent;

WHEREAS, on September 23, 2013, Making Home Affordable received the Order and Notice sent   by certified mail no. 70020860000215459618, and no request for a hearing has been received by the Commissioner;
 
WHEREAS, on September 30, 2013, the Order and Notice sent to Stimulus Reserve’s agent was returned to the Department marked “Return to Sender – Not Deliverable as Addressed – Unable to Forward”;
 
WHEREAS, on September 31, 2013, the Order and Notice sent to Making Home Affordable by certified mail no. 70020860000215459588 was returned to the Department marked “Return to Sender – Not Deliverable as Addressed – Unable to Forward”;
 
WHEREAS, on September 31, 2013, the Order and Notice sent to NMMSR by certified mail no. 70020860000215459977 was returned to the Department marked “Return to Sender – Not Deliverable as Addressed – Unable to Forward”;
 
WHEREAS, on October 7, 2013, the Order and Notice sent to Stimulus Reserve by certified mail no. 70020860000215459571 was returned to the Department marked “Return to Sender – Attempted – Not Known – Unable to Forward”;
 
WHEREAS, on October 7, 2013, the Order and Notice sent to NMMSR by certified mail no. 70020860000215459625 was returned to the Department marked “Return to Sender – Attempted – Not Known – Unable to Forward”;
 
WHEREAS, on October 28, 2013, the Order and Notice sent to Making Home Affordable by certified mail no. 70020860000215459601 was returned to the Department marked “Return to Sender – Not Deliverable as Addressed – Unable to Forward”;
 
WHEREAS, Section 36a-52(a) of the Connecticut General Statutes provides, in pertinent part, that “[t]he notice shall be deemed received by the person on the earlier of the date of actual receipt, or seven days after mailing or sending”;
 
WHEREAS, Section 36a-50(a)(1) of the Connecticut General Statutes provides, in pertinent part, that “[t]he notice shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending”;
 
WHEREAS, Section 36a-50(c) of the Connecticut General Statutes provides, in pertinent part, that “[t]he order shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending”;
 
WHEREAS, Respondents failed to request a hearing within the prescribed time period;
 
WHEREAS, the Commissioner alleged in the Order and Notice, with respect to the activity described therein, that Stimulus Reserve’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 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, issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes, and impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes;
 
WHEREAS, the Commissioner alleged in the Order and Notice, with respect to the activity described therein, that Making Home Affordable’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 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, issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes, and impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes;
 
WHEREAS, the Commissioner alleged in the Order and Notice, with respect to the activity described therein, that NMMSR’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 violations form 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, issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes, and impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes;
 
WHEREAS, also in the Order and Notice, the Commissioner ordered, pursuant to Section 36a 50(c) of the Connecticut General Statutes, that not later than thirty (30) days from the date the Order to Make Restitution becomes permanent, Respondents repay fees to an identified Connecticut resident in an amount identified, plus interest, and repay any other Connecticut resident who entered into an agreement for debt negotiation services with Respondents on and after October 1, 2009, any fees paid by such Connecticut resident plus interest, and provide evidence of such repayments to the Director of the Consumer Credit Division;
 
WHEREAS, the Order to Make Restitution remains in effect and became permanent against Making Home Affordable on October 8, 2013;
 
WHEREAS, the Order to Make Restitution remains in effect and became permanent against Stimulus Reserve and NMMSR on October 11, 2013;
 
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 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 1 through 9, inclusive, of Section II of the Order and Notice, shall constitute findings of fact within the meaning of Section 4-180(c) of the Connecticut General Statutes, as amended by Public Act 13-279, and that the conclusions, as set forth in paragraphs 1 through 3, inclusive, of Section III of the Order and Notice, shall constitute conclusions of law within the meaning of Section 4-180(c) of the Connecticut General Statutes, as amended, and Section 36a-1-52 of the Regulations of Connecticut State Agencies.
2.
The Commissioner finds that Respondents have engaged in acts or conduct which, pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, forms the basis to issue an order to cease and desist against each Respondent, and, pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes, forms the basis to impose a civil penalty upon each Respondent.
3.
The Commissioner finds that the Order and Notice was given in compliance with Section 36a-52(a), subsections (a) and (c) of Section 36a-50 and Section 4-177 of the Connecticut General Statutes.


III.  ORDER

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

1.
National Mortgage Modification Stimulus Reserve, Inc. CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes;
2.
A CIVIL PENALTY of One Hundred Thousand Dollars ($100,000) be imposed upon National Mortgage Modification Stimulus Reserve, Inc., 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;
3.
Making Home Affordable USA a/k/a National Mortgage Modification & Stimulus Reserve “Home Saver” Program a/k/a National Mortgage Modification & Stimulus Relief CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes;
4. A CIVIL PENALTY of Four Hundred Thousand Dollars ($400,000) be imposed upon Making Home Affordable USA a/k/a National Mortgage Modification & Stimulus Reserve “Home Saver” Program a/k/a National Mortgage Modification & Stimulus Relief, 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;
5. The Keating Group, Inc. d/b/a National Mortgage Modification Stimulus Relief CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes;
6. A CIVIL PENALTY of Four Hundred Thousand Dollars ($400,000) be imposed upon The Keating Group, Inc. d/b/a National Mortgage Modification Stimulus Relief, 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
7. This Order shall become effective when mailed.

Dated at Hartford, Connecticut
this 22nd day of November 2013.             

 ________/s/_________
 Howard F. Pitkin
 Banking Commissioner


This Order was sent by certified mail,
return receipt requested, to each
Respondent on November 25, 2013.


National Mortgage Modification                Certified Mail No. 70121010000172645519
Stimulus Reserve, Inc.
Attention:  Jason Keating, Agent
1770 Avenida Del Mundo, Suite 1504
Coronado, California 92118

National Mortgage Modification                Certified Mail No. 70121010000172645533
Stimulus Reserve, Inc.
4510 Murietta Avenue, Suite 308
Sherman Oaks, California 91423

Making Home Affordable USA                   Certified Mail No. 70121010000172649418
a/k/a National Mortgage
Modification & Stimulus Reserve
“Home Saver” Program
a/k/a National Mortgage
Modification & Stimulus Relief
120 10th Street
Toledo, Ohio 43604

Making Home Affordable USA                  Certified Mail No. 70121010000172649425
a/k/a National Mortgage
Modification & Stimulus Reserve
“Home Saver” Program
a/k/a National Mortgage
Modification & Stimulus Relief
3662 Rugby Drive
Toledo, Ohio 43614

Making Home Affordable USA                  Certified Mail No. 70121010000172649432
a/k/a National Mortgage
Modification & Stimulus Reserve
“Home Saver” Program
a/k/a National Mortgage
Modification & Stimulus Relief
24310 Moulton Parkway, Suite 0-140
Laguna Hills, California 92648

The Keating Group, Inc.                          Certified Mail No. 70121010000172649449
d/b/a National Mortgage
Modification Stimulus Relief
120 10th Street
Toledo, Ohio 43604

The Keating Group, Inc.                          Certified Mail No. 70121010000172649456
d/b/a National Mortgage
Modification Stimulus Relief
4510 Murietta Avenue, # PH8
Sherman Oaks, California 91423

                      
 


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