Bulletin # 2699 - Week Ending November 13, 2015

This bulletin constitutes the only official notification you will receive from this office concerning any of the following applications.  Any observations you may have are solicited.  Any comments should be in writing to Jorge L. Perez, Banking Commissioner, Department of Banking, 260 Constitution Plaza, Hartford, CT 06103-1800.  Written comments will be considered only if they are received within ten days from the date of this bulletin.

STATE BANK ACTIVITY

Branch Activity

Section 36a-145 of the Connecticut General Statutes requires certain applications for a branch, or for a limited branch at which loans will be made, address how the establishment of the branch will be consistent with safe and sound banking practices and promote the public convenience and advantage.  Plans are submitted when such applications are filed and are available for public inspection and comment at this Department for a period of 30 days.  Questions concerning branch activity should be directed to the Financial Institutions Division, (860) 240-8180.

CONSUMER CREDIT DIVISION ACTIVITY

Consent Orders

On October 27, 2015, the Commissioner entered into a Consent Order with Top Flite Financial, Inc. (“Top Flite Financial”) (NMLS # 4181), Williamston, Michigan.  The Consent Order was based on an investigation by the Consumer Credit Division.  As a result of such investigation, the Commissioner alleged that Top Flite Financial failed to file with the Nationwide Mortgage Licensing System and Registry a name change at least 30 calendar days prior to such change and failed to file a bond rider or endorsement, or addendum, as applicable, to the surety bond on file with the Commissioner, in violation of Section 36a 490(b) of the Connecticut General Statutes.  As part of the Consent Order, Top Flite Financial paid $500 as a civil penalty.

On October 28, 2015, the Commissioner entered into a Consent Order with Freedom Mortgage Corporation d/b/a Freedom Mortgage Corporation (New Jersey) (“Freedom Mortgage”) (NMLS # 2767), Mt. Laurel, New Jersey.  The Consent Order was based on an investigation by the Consumer Credit Division.  As a result of such investigation, the Commissioner alleged that Freedom Mortgage failed to file a change of address of a branch office with the Nationwide Mortgage Licensing System and Registry at least 30 calendar days prior to such change and failed to file a bond rider or endorsement, or addendum, as applicable, to the surety bond on file with the Commissioner, in violation of Section 36a 490(b) of the Connecticut General Statutes.  As part of the Consent Order, Freedom Mortgage paid $500 as a civil penalty.

On October 28, 2015, the Commissioner entered into a Consent Order with Mortgage Solutions of Colorado, LLC d/b/a Mortgage Solutions Financial d/b/a Ag-America (“Mortgage Solutions”) (NMLS # 61602), Colorado Springs, Colorado.  The Consent Order was based on an investigation by the Consumer Credit Division.  As a result of such investigation, the Commissioner alleged that Mortgage Solutions failed to file a change of address of a branch office with the Nationwide Mortgage Licensing System and Registry at least 30 calendar days prior to such change and failed to file a bond rider or endorsement, or addendum, as applicable, to the surety bond on file with the Commissioner, in violation of Section 36a 490(b) of the Connecticut General Statutes.  As part of the Consent Order, Freedom Mortgage paid $500 as a civil penalty.

On October 28, 2015, the Commissioner entered into a Consent Order with SKO-Brenner-American, Inc. (“SKO-Brenner-American”), Baldwin, New York.  The Consent Order was based on an examination by the Consumer Credit Division.  As a result of such examination, the Commissioner alleged that SKO-Brenner-American:  (1) changed its location without having provided the required prior written notice to the Commissioner, in violation of Section 36a-801(i) of the then applicable Connecticut General Statutes; (2) failed to report changes to the information contained in its initial application for a consumer collection agency license or most recent renewal application not later than 10 days after the occurrence of the events that resulted in such information becoming inaccurate, in violation of Section 36a-801(e) of the then applicable Connecticut General Statutes; (3) failed to maintain sufficient funds in its trust accounts to cover amounts due to creditors, in violation of Section 36a-811(b) of the Connecticut General Statutes; and (4) failed to make remittances to creditors within the time limits required by Section 36a-805(a)(9) of the then applicable Connecticut General Statutes.  As part of the Consent Order, SKO-Brenner-American paid $20,000 as a civil penalty.

On October 30, 2015, the Commissioner entered into a Consent Order with FFC Mortgage Corp. d/b/a Compass Financial (“FFC Mortgage”) (NMLS # 3252), Rochester, New York.  The Consent Order was based on an investigation by the Consumer Credit Division.  As a result of such investigation, the Commissioner alleged that FFC Mortgage failed to file a name change with the Nationwide Mortgage Licensing System and Registry at least 30 calendar days prior to such change and failed to file a bond rider or endorsement, or addendum, as applicable, to the surety bond on file with the Commissioner, in violation of Section 36a-490(b) of the Connecticut General Statutes.  As part of the Consent Order, FFC Mortgage paid $500 as a civil penalty.

On October 30, 2015 the Commissioner entered into a Consent Order with Omega Financial Services, Inc. d/b/a Omega Funding Capital (“Omega Funding Capital”) (NMLS # 20169), Union, New Jersey.  The Consent Order was based on an investigation by the Consumer Credit Division.  As a result of such investigation, on September 8, 2015, the Commissioner issued a Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing against Omega Funding Capital.  The Commissioner alleged that Omega Funding Capital failed to timely file certain annual and quarterly information required by mortgage call reports, in violation of Section 36a-534b(c)(3) of the Connecticut General Statutes.  As part of the Consent Order, Omega Funding Capital paid $2,500 as a civil penalty.