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IN THE MATTER OF: CHARLES A. HINKLE ("Hinkle") |
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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, Hinkle is an individual who has never been registered as an originator or licensed as a mortgage loan originator in Connecticut;
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, investigated the activities of Hinkle pursuant to Sections 36a-17(a) and 36a-498f(a) of the Connecticut General Statutes to determine if he had violated, was violating or was about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
WHEREAS, as a result of such investigation, on January 19, 2011, the Commissioner, acting pursuant to Sections 36a-494(b), 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 (collectively “Notice”) against Hinkle and several other respondents, which Notice is incorporated herein by reference;
WHEREAS, the Notice alleges, with regard to Hinkle, that on or about January 8, 2009, and on or about March 11, 2009, Hinkle acted as an unlicensed mortgage loan originator in connection with a single residential mortgage loan in Connecticut in violation of Section 36a-486(b) of the then applicable Connecticut General Statutes;
WHEREAS, the Notice was mailed on January 20, 2011, to Hinkle by registered mail, return receipt requested (Registered Mail No. RB028037677US);
WHEREAS, Hinkle received the Notice sent by registered mail on January 26, 2011;
WHEREAS, the Department received an Appearance and Request for Hearing form from Hinkle dated January 31, 2011, in which Hinkle requested a hearing on the Notice, which hearing is currently scheduled for May 17, 2011;
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, both the Commissioner and Hinkle acknowledge the possible consequences of formal administrative proceedings, and Hinkle voluntarily agrees to consent to the entry of the sanction described below without admitting or denying any allegation contained in the Notice and set forth herein and 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, Hinkle acknowledges that this Consent Order is a public record and, notwithstanding the foregoing paragraph, constitutes a finding by the Commissioner that Hinkle has been involved in a violation of a financial services-related regulation or statute required to be disclosed in response to regulatory disclosure questions on the MU2 Form or MU4 Form on the Nationwide Mortgage Licensing System and Registry (“NMLS”), as such forms may be applicable;
WHEREAS, Hinkle herein represents to the Commissioner that he will not engage in the business of a mortgage loan originator with respect to dwellings located in this state in the future without first obtaining and maintaining a license as a mortgage loan originator under Part I of Chapter 668, Sections 36a-485 et seq., of the Connecticut General Statutes;
WHEREAS, Hinkle agrees that the Notice may be used in construing the terms of this Consent Order, and agrees to the language in this Consent Order;
AND WHEREAS, Hinkle, through his execution of this Consent Order, voluntarily agrees to waive his 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 his right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.
CONSENT TO ENTRY OF SANCTION
WHEREAS, Hinkle, through his 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 Hinkle, Hinkle 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 One Thousand Dollars ($1,000) 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. | 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 Hinkle 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 Hinkle 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 Hinkle and reflected herein is subsequently discovered to be untrue; |
| 3. | So long as this Consent Order is promptly disclosed by Hinkle on NMLS, nothing in the issuance of this Consent Order shall adversely affect the ability of Hinkle to apply for or obtain a mortgage loan originator license or renewal license 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; |
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This Consent Order shall become final when issued.
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Dated at Hartford, Connecticut
this 25th day of March 2011. ________/s/_________
Howard F. Pitkin
Banking Commissioner
CONSENT TO ENTRY OF ORDER
I, Charles A. Hinkle, state that I have read the foregoing Consent Order; that I know and fully understand its contents; that I agree freely and without threat or coercion of any kind to comply with the sanction entered and terms and conditions ordered herein; and that I voluntarily agree to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.
By: ________/s/_________
Charles A. Hinkle
State of: Indiana
County of: Hamilton
On this the 23 day of March 2011, before me, Robert C. Bartley, the undersigned officer, personally appeared Charles A. Hinkle, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand.
________/s/_________
Notary Public
Date Commission Expires: July 31, 2013