The Department of Banking News Bulletin

Bulletin # 2794 - Week Ending September 8, 2017

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.

CONSUMER CREDIT DIVISION

Order of Summary Suspension, Temporary Order to Cease and Desist, Notice of Intent to Revoke Mortgage Broker License, Notice of Intent to Revoke Mortgage Loan Originator License, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing

On August 28, 2017, the Commissioner issued an Order of Summary Suspension, Temporary Order to Cease and Desist, Notice of Intent to Revoke Mortgage Broker License, Notice of Intent to Revoke Mortgage Loan Originator 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, “Order and Notice”), in the Matter of: REF Mortgage Capital Inc. (NMLS # 1424304) (“REF Mortgage Capital”), Roxbury, Connecticut, and Robert Ernest Fiala (NMLS # 70963) (“Fiala”) (collectively, “Respondents”). The Order and Notice was a result of an examination by the Consumer Credit Division. The Commissioner alleges, among other things, that Respondents improperly altered loan documents, which constitute violations of Sections 36a-498e(1), 36a-498e(2), 36a-53b(1) and 36a-53b(3) of the Connecticut General Statutes. Such violations constitute sufficient grounds to revoke REF Mortgage Capital’s mortgage broker license and Fiala’s mortgage loan originator license, and form the basis to issue an order to cease and desist and order imposing civil penalty against each Respondent. The Commissioner found that public safety and welfare imperatively required emergency action to summarily suspend REF Mortgage Capital’s mortgage broker license and Fiala’s mortgage loan originator license and the Commissioner also found that public welfare required the issuance of a Temporary Order to Cease and Desist. Respondents were afforded an opportunity to request a hearing with regard to the allegations set forth in the Order and Notice.