DOB: Quick Mortgage Solutions - CD-CP

* * * * * * * * * * * * * * * * * * * * * * * *

IN THE MATTER OF:

ANOTHER LEVEL CAPITAL
VENTURE, INC
d/b/a QUICK LEGAL SOLUTIONS

MICHAEL TAYLOR

QUICK MORTGAGE SOLUTIONS
DIVISION OF:  QUICK LEGAL
SOLUTIONS
("Quick Mortgage Solutions")

* * * * * * * * * * * * * * * * * * * * * * * *


*
*
*
*
*
*
*
*
*
*
*
*
*
*
*

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 Quick Mortgage Solutions, among others, pursuant to the authority granted by Section 36a-17 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 October 7, 2015, 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 Quick Mortgage Solutions, which Order and Notice is incorporated herein by reference;

WHEREAS, on October 7, 2015, the Order and Notice was sent by certified mail, return receipt requested, to Quick Mortgage Solutions (Certified Mail No. 70143490000235259787);
 
WHEREAS, the Order and Notice provided Quick Mortgage Solutions with the opportunity for a hearing, and stated that if a hearing was not requested by Quick Mortgage Solutions within fourteen (14) days of its receipt, the Order to Make Restitution shall remain in effect and become permanent against Quick Mortgage Solutions and the Commissioner would issue an order that Quick Mortgage Solutions 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 Quick Mortgage Solutions;

WHEREAS, on October 23, 2015, the Order and Notice sent to Quick Mortgage Solutions was returned to the Department marked “Return to Sender – Unclaimed – Unable to Forward – Forwarding Order Expired”;
 
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, Quick Mortgage Solutions 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 Quick Mortgage Solutions engaged in debt negotiation in this state without obtaining the required license, in 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, 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 upon Quick Mortgage Solutions;

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, Quick Mortgage Solutions, among others, to repay fees to identified Connecticut residents in identified amounts plus interest, and repay to any other Connecticut resident who entered into an agreement for debt negotiation services with Quick Mortgage Solutions on and after October 1, 2009, any fees paid by such resident plus interest, and provide evidence of such repayments to the Director of the Consumer Credit Division;

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 4 to 12, inclusive, of Section II of the Order and Notice, shall constitute findings of fact with respect to Quick Mortgage Solutions, as applicable, within the meaning of Section 4-180(c) of the Connecticut General Statutes, and that the conclusions, as set forth in paragraph 3 of Section III of the Order and Notice, shall constitute conclusions of law with respect to Quick Mortgage Solutions, as applicable, 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 Quick Mortgage Solutions has 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 with respect to Quick Mortgage Solutions, 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 Quick Mortgage Solutions.
3.
The Commissioner finds that the Order and Notice issued to Quick Mortgage Solutions 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.
Quick Mortgage Solutions Division of:  Quick Legal Solutions 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 Quick Mortgage Solutions Division of:  Quick Legal Solutions, 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.The ORDER TO MAKE RESTITUTION issued on October 7, 2015, remains in effect and became permanent against Quick Mortgage Solutions Division of:  Quick Legal Solutions on October 29, 2015; and
4.This Order shall become effective when mailed.

Dated at Hartford, Connecticut
this 25th day of January 2016.             

 ________/s/_________
 Jorge L. Perez
 Banking Commissioner

This Order was sent by certified mail,
return receipt requested, to Quick Mortgage
Solutions Division of:  Quick Legal Solutions
on January 25, 2016.

Quick Mortgage Solutions Division of:         Certified Mail No. 7013 3020 0000 4226 7780
Quick Legal Solutions
255 W 36th Street, 8th Floor
New York, New York 10018


Administrative Orders and Settlements