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IN THE MATTER OF: USN MORTGAGE INC ("USN Mortgage") |
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CONSENT ORDER |
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part I of Chapter 668, Sections 36a-485 to 36a-534c, inclusive, of the Connecticut General Statutes, “Mortgage Lenders, Correspondent Lenders, Brokers and Loan Originators”;
WHEREAS, USN Mortgage is a New York corporation that is currently licensed as a mortgage broker under Part I of Chapter 668, Sections 36a-485 et seq., of the Connecticut General Statutes;
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, pursuant to the authority granted by Sections 36a-17 and Section 36a-498f of the Connecticut General Statutes, investigated the activities of USN Mortgage to determine if it had violated, was violating, or was about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
WHEREAS, on June 21, 2016, as a result of the investigation, the Commissioner, acting pursuant to Section 36a-494(b) of the 2016 Supplement to the General Statutes and Sections 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, 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 (“Notice”) against USN Mortgage, which Notice is incorporated herein by reference;
WHEREAS, the Commissioner alleged in the Notice that USN Mortgage failed to timely file its Standard Financial Condition – 2015 mortgage call report that was due on March 30, 2016, in violation of Section 36a-534b(c)(3) of the Connecticut General Statutes, which violation forms the basis to issue an order to cease and desist pursuant to Section 36a-494(b) of the 2016 Supplement to the General Statutes and Section 36a-52(a) of the Connecticut General Statutes, and to impose a civil penalty pursuant to Section 36a-494(b) of the 2016 Supplement to the General Statutes and Section 36a-50(a) of the Connecticut General Statutes;
WHEREAS, on June 21, 2016, the Notice was sent by certified mail, return receipt requested, to USN Mortgage (Certified Mail Nos. 70142120000036974224 and 70123050000069999819);
WHEREAS, on June 23, 2016, USN Mortgage received the Notice and on June 27, 2016, requested a hearing;
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 consent order, unless precluded by law;
WHEREAS, the Commissioner and USN Mortgage now desire to resolve the matters alleged in the Notice and set forth herein;
WHEREAS, USN Mortgage admits that the mortgage call report described in the Notice and set forth herein was not filed on its due date;
WHEREAS, USN Mortgage herein represents to the Commissioner that it has reviewed and updated its internal policies, procedures and controls for timely and accurately filing all required reports with the Commissioner, including but not limited to mortgage call reports required to be submitted to the Commissioner through the Nationwide Multistate Licensing System and Registry (“NMLS”);
WHEREAS, USN Mortgage acknowledges that this Consent Order is a public record and is a reportable event for purposes of the regulatory disclosure questions on NMLS, as applicable;
WHEREAS, USN Mortgage voluntarily agrees to consent to the entry of the sanction imposed below, solely for the purpose of obviating the need for further formal administrative proceedings concerning the allegation contained in the Notice and set forth herein;
WHEREAS, USN Mortgage agrees that the Notice may be used in construing the terms of this Consent Order and agrees to the language of this Consent Order;
AND WHEREAS, USN Mortgage, through its execution of this Consent Order, voluntarily agrees to waive any applicable procedural rights, including a right to a hearing as it pertains to the allegation contained in the Notice and set forth herein, and voluntarily waives its right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.
CONSENT TO ENTRY OF SANCTION
WHEREAS, USN Mortgage, 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 USN Mortgage, it shall remit to the Department of Banking by wire transfer or by cashier’s check, certified check or money order made payable to “Treasurer, State of Connecticut”, the sum of Two Thousand Five Hundred Dollars ($2,500) as a civil penalty.
CONSENT ORDER
NOW THEREFORE, the Commissioner enters the following:
| 1. | The Sanction set forth above be and is hereby entered; |
| 2. | No later than the date this Consent Order is executed by USN Mortgage, it shall have satisfactorily filed on NMLS all mortgage call reports required to date. In the future, USN Mortgage shall timely and accurately file all required reports in connection with its current and any future license issued to USN Mortgage; |
| 3. | 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 USN Mortgage based upon the allegation set forth in the Notice and contained herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against USN Mortgage 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 USN Mortgage and reflected herein is subsequently discovered to be untrue; |
| 4. | Subject to the foregoing, and so long as this Consent Order is promptly disclosed by USN Mortgage and its control persons on NMLS, as applicable, nothing in the issuance of this Consent Order shall adversely affect the ability of USN Mortgage to apply for or obtain licenses or renewal licenses under Part I of Chapter 668, Sections 36a-485 et seq., of the Connecticut General Statutes, provided all applicable legal requirements for such license are satisfied; and |
| 5. | This Consent Order shall become final when issued. |
Issued at Hartford, Connecticut
this 11th day of August 2016. _______/s/_________
Jorge L. Perez
Banking Commissioner
I, Zeeshan Basit, state on behalf of USN Mortgage 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 USN Mortgage Inc; that USN Mortgage 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 USN Mortgage 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: Zeeshan Basit
Title: President
USN Mortgage Inc
State of: New York
County of: Suffolk
On this the 5th day of August 2016, before me, Lisa M. Gioia, the undersigned officer, personally appeared Zeeshan Basit who acknowledged himself to be the President of USN Mortgage Inc, a corporation, 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 corporation by himself as President.
In witness whereof I hereunto set my hand.
_________/s/_________
Notary Public
Date Commission Expires: 05/27/2020