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IN THE MATTER OF:
MORTGAGE EXPRESS LLC
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part I of Chapter 668, Sections 36a-485 to 36a-534c of the Connecticut General Statutes, “Mortgage Lenders, Correspondent Lenders, Brokers and Loan Originators”;
WHEREAS, Mortgage Express is a New Jersey limited liability company with an office at 3 Wing Drive, Suite 200, Cedar Knolls, New Jersey (“Cedar Knolls Office”);
WHEREAS, the Cedar Knolls Office is licensed by the Commissioner as a mortgage broker;
WHEREAS, on December 14, 2010, the Commissioner, acting pursuant to Section 36a-492(c) of the 2010 Supplement to the General Statutes, Section 36a-52(b) of the Connecticut General Statutes, Sections 36a-494(a)(1) and 36a-494(a)(1)(C), subsections (a) and (b) of Section 36a-51 and 36a-494(b) of the 2010 Supplement to the General Statutes and Sections 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued a Notice of Automatic Suspension, Temporary Order to Cease and Desist, Notice of Intent to Revoke Mortgage Broker License, 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 Mortgage Express, alleging that Mortgage Express failed to file a new form of surety bond in an appropriate amount effective July 31, 2010, and failed to maintain a surety bond that runs concurrent with the period of its mortgage broker license, in violation of Section 36a-492 of the 2010 Supplement to the General Statutes, which Notice is herein incorporated by reference;
WHEREAS, on December 20, 2010, Mortgage Express received the Notice and contacted the Department of Banking;
WHEREAS, by e-mail dated December 20, 2010, Mortgage Express stated that it would like to voluntarily surrender its mortgage broker license in Connecticut;
WHEREAS, Mortgage Express is unable to surrender its mortgage broker license in Connecticut for the Cedar Knolls Office on the Nationwide Mortgage Licensing System (“NMLS”) because the license was automatically suspended on September 18, 2010;
WHEREAS, Mortgage Express herein represents to the Commissioner that it conducted no business under its Connecticut license without a surety bond;
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 agreed settlement, unless precluded by law;
WHEREAS, Mortgage Express voluntarily agrees to enter into this Settlement Agreement without admitting or denying any allegations contained in the Notice and set forth herein, and solely for the purpose of obviating the need for formal administrative proceedings to resolve this matter;
WHEREAS, notwithstanding the foregoing, Mortgage Express acknowledges that this Settlement Agreement is a public record and constitutes, for the limited purposes of satisfying Mortgage Express’ disclosure obligations on its MU1, MU2 and MU4 Forms on NMLS, as applicable to Mortgage Express, a finding by the Commissioner that Mortgage Express has been involved in a violation of a financial services-related regulation or statute;
AND WHEREAS, Mortgage Express, through its execution of this Settlement Agreement, voluntarily agrees to waive any rights to a hearing upon the allegations contained in the Notice and this Settlement Agreement, and waives the right to seek judicial review or otherwise challenge or contest the validity of this Settlement Agreement.
NOW THEREFORE, the Commissioner and Mortgage Express enter into this Settlement Agreement as follows:
|1.||Upon entry of this Settlement Agreement, the Commissioner shall mark Mortgage Express’ mortgage broker license as “Terminated” on NMLS;|
|2.||Upon entry of this Settlement Agreement, this matter will be resolved and the Commissioner will not take any future enforcement action against Mortgage Express based upon the allegations contained in the Notice and set forth herein; provided that entry of this Settlement Agreement is without prejudice to the right of the Commissioner to take enforcement action against Mortgage Express if any representations made by Mortgage Express are subsequently discovered to be untrue; and|
|3.||Nothing in the entry of this Settlement Agreement shall adversely affect the ability of Mortgage Express to apply for or obtain a license under Part I of Chapter 668, Sections 36a-485 et seq., of the Connecticut General Statutes.|
IN WITNESS WHEREOF, the parties hereto have caused this Settlement Agreement to be executed by each of them or their duly authorized representatives on the dates hereinafter subscribed.
Dated at Hartford, Connecticut
this 11th day of January 2011. ________/s/_________
Howard F. Pitkin
I, James A. Viotto, state on behalf of Mortgage Express LLC d/b/a The Loan Domain LLC, that I have read the foregoing Settlement Agreement; that I know and fully understand its contents; that I am authorized to execute this Settlement Agreement on behalf of Mortgage Express LLC d/b/a The Loan Domain LLC; and that Mortgage Express LLC d/b/a The Loan Domain LLC agrees freely and without threat or coercion of any kind to comply with the terms and conditions stated herein.
Name: James A. Viotto
Mortgage Express LLC
d/b/a The Loan Domain LLC
State of: New Jersey
County of: Morris
On this the 28th day of December 2010, before me, Mark Elwertowski, the undersigned officer, personally appeared James A. Viotto who acknowledged himself to be the President of Mortgage Express LLC d/b/a The Loan Domain LLC, a member managed/manager managed limited liability company, and that he as such President, 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 as President.
In witness whereof I hereunto set my hand.
Date Commission Expires: 12/28/2010