| * * * * * * * * * * * * * * * * * * * * * * * IN THE MATTER OF: INTERCAP LENDING INC. ("Intercap") | * * * * * * * * * * * | CONSENT ORDER |
WHEREAS, Intercap is a New Mexico corporation that is currently licensed as a mortgage lender under Part I of Chapter 668, Sections 36a-485 to 36a-534c, inclusive, of the Connecticut General Statutes, and as a mortgage servicer under Part VII of Chapter 669, Sections 36a-715 to 36a-719l, inclusive, of the Connecticut General Statutes;
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part I of Chapter 668, Sections 36a-485 et seq., of the Connecticut General Statutes, “Mortgage Lenders, Correspondent Lenders, Brokers and Loan Originators”, and Part VII of Chapter 669, Sections 36a-715 et seq., of the Connecticut General Statutes “Mortgage Servicing”;
WHEREAS, Sections 36a-490(b) and 36a-719a(b) of the Connecticut General Statutes require that a mortgage lender and a mortgage servicer, respectively, file with the Nationwide Mortgage Licensing System and Registry (“NMLS”) an address change of a main office at least 30 calendar days prior to such change and provide directly to the Commissioner a bond rider or endorsement, or addendum, as applicable, to the surety bond on file with the Commissioner that reflects the new address of the main office;
WHEREAS, Intercap failed to file with NMLS a change of name of its main office at least 30 calendar days prior to such change and failed to provide a bond rider or endorsement, or addendum, as applicable, to the surety bond on file with the Commissioner;
WHEREAS, the Commissioner believes that such allegation would support initiation of proceedings against Intercap, which proceedings would constitute a “contested case” within the meaning of Section 4-166(4) of the Connecticut General Statutes, as amended by Public Act 15-61. 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 consent order, unless precluded by law;
WHEREAS, Intercap, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to notice and an opportunity for hearing as it pertains to the allegation set forth herein, voluntarily agrees to consent to the entry of the sanction imposed below and voluntarily waives its right to seek judicial review or otherwise challenge or contest the validity of this Consent Order;
WHEREAS, Intercap acknowledges that this Consent Order is a public record and is a reportable event for purposes of NMLS, as applicable;
AND WHEREAS, Intercap herein represents to the Commissioner that it has reviewed and updated its internal policies, procedures and controls to ensure that Intercap will file any change it makes to its name or any address of any office specified on its most recent filing with NMLS at least 30 calendar days prior to such change and, in connection with such change, Intercap will provide, directly to the Commissioner, a bond rider or endorsement, or addendum, as applicable, to the surety bond on file with the Commissioner that reflects such change.
CONSENT TO ENTRY OF SANCTION
WHEREAS, Intercap, through its execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanction:
No later than the date this Consent Order is executed by Intercap, it shall remit to the Department of Banking by cashier’s check, certified check or money order made payable to “Treasurer, State of Connecticut”, the sum of Five Hundred Dollars ($500) as a civil penalty.
CONSENT ORDER
NOW THEREFORE, the Commissioner enters the following:
| 1. | The Sanction set forth above is and are hereby entered; |
| 2. | Upon issuance of this Consent Order by the Commissioner, this matter will be resolved and the Commissioner will not take any future enforcement action against Intercap based upon the allegation contained herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Intercap based upon a violation of this Consent Order or the matters underlying its entry, if the Commissioner determines that compliance with the terms herein is not being observed or if any representation made by Intercap and reflected herein is subsequently discovered to be untrue; |
| 3. | So long as this Consent Order is promptly disclosed by Intercap and its control persons, as applicable, on NMLS, nothing in the issuance of this Consent Order shall adversely affect the ability of Intercap to apply for or obtain licenses or renewal licenses under Part I of Chapter 668, Sections 36a-485 et seq., and Part VII of Chapter 669, Sections 36a-715 et seq., of the Connecticut General Statutes, and for its mortgage loan originators to apply for or obtain licensure from the Commissioner, provided all applicable legal requirements for such license are satisfied; and |
| 4. | This Consent Order shall become final when issued. |
Issued at Hartford, Connecticut
this 22nd day of February 2016. _______/s/_________
Jorge L. Perez
Banking Commissioner
I, Fay Panah, state on behalf of Intercap Lending Inc., that I have read the foregoing Consent Order; that I know and fully understand its contents; that I am authorized to execute this Consent Order on behalf of Intercap Lending Inc.; that Intercap Lending Inc., agrees freely and without threat or coercion of any kind to comply with the sanction entered and terms and conditions ordered herein; and that Intercap Lending Inc., voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.
By: ________/s/___________
Name: Fay Panah
Title: Director
Intercap Lending Inc.
State of: CA
County of: Orange
On this the 22 day of January 2016, before me, Casca Smith, the undersigned officer, personally appeared Fay Panah who acknowledged herself to be the Director of Intercap Lending Inc., a corporation, and that she as such Director, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by herself as Director.
In witness whereof I hereunto set my hand.
_________/s/_________
Notary Public
Date Commission Expires: 12/31/16