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, Mazza is an individual who was at all times relevant to this matter licensed as a mortgage loan originator in Connecticut, which license expired on January 1, 2010;

WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, investigated the activities of Mazza pursuant to Section 36a-17(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 July 30, 2010, the Commissioner, acting pursuant to Sections 36a-494(b) of the 2010 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 (collectively “Notice”) against Mazza, which Notice is incorporated herein by reference;

WHEREAS, the Notice alleges that during the period of June 27 through September 17, 2009, Mazza, in connection with three (3) residential mortgage loan applications, knowingly made false statements with intent to defraud and for the purpose of influencing the action of a licensed mortgage correspondent lender, in violation of Section 36a-56 of the Connecticut General Statutes;

WHEREAS, the Notice also alleges that Mazza’s making false statements constitutes acts of fraud or misrepresenting, concealing, suppressing, intentionally omitting or otherwise intentionally failing to disclose material particulars of residential mortgage loan transactions to someone entitled to such information, as provided in Section 36a-494(b) of the 2010 Supplement to the General Statutes;

WHEREAS, on July 30, 2010, the Notice was mailed to Mazza by registered mail, return receipt requested (Registered Mail No. RB028037249US);

WHEREAS, on August 5, 2010, Mazza received the Notice;

WHEREAS, the Department received an Appearance and Request for Hearing form submitted by David H. Dworski, Esq., on behalf of Mazza dated August 16, 2010, in which Mazza requested a hearing on the Notice, which hearing is currently subject to an open-ended continuance;

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 Mazza now desire to resolve the matters alleged in the Notice and set forth herein;

WHEREAS, Mazza 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 allegations contained in the Notice and set forth herein;

WHEREAS, Mazza acknowledges that this Consent Order is a public record and, notwithstanding the foregoing paragraph, constitutes a finding by the Commissioner that Mazza 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, as such forms may be applicable;

WHEREAS, Mazza has submitted evidence demonstrating economic hardship, such that the Commissioner believes that Mazza is financially incapable of paying any civil penalty that otherwise would have been assessed against Mazza;

WHEREAS, the Commissioner has determined that no civil penalty will be imposed on Mazza based on such economic hardship;

WHEREAS, Mazza 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, Mazza, 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 allegations 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, Mazza, through his execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanction:

CONSENT ORDER

NOW THEREFORE, the Commissioner enters the following:

Dated at Hartford, Connecticut
this 20th day of April 2012.                 ________/s/_________
                                                     Howard F. Pitkin
                                                     Banking Commissioner

I, John Mazza, 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/_________
                                                   Name:  John Mazza

                                        

State of:  Connecticut

County of:  Fairfield

On this the 19th day of April 2012, before me, David H. Dworski, the undersigned officer, personally appeared John Mazza, 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.

Administrative Orders and Settlements