Monthly Summary of Mortgage Activities
Georgia Department of Banking and Finance
2990 Brandywine Road, Suite 200, Atlanta, GA 30341-5565
FOR THE PERIOD ENDING FEBRUARY 2003
SUMMARY OF ACTIVITIES - MORTGAGE DIVISION
---------------------------------------------------------------------------------------------------------------------------------------------------
**IMPORTANT NOTES**
DISTRIBUTING THE MONTHLY SUMMARY: The Monthly Summary of Mortgage Activities is E-mailed each month to licensees. The Department requests that all licensees provide the Department a valid E-mail address in order to receive the Monthly Summary each month in a timely manner. For all other licensees, the Monthly Summary is available on the Department's website http://www.state.ga.us/dbf/bulletins.html each month. This delivers the Mortgage Summary to you more rapidly and efficiently. If you have not already provided the Department with your E-mail address, please contact the Mortgage Division at dbfmort@dbf.state.ga.us or at 770986-1633 if you have any questions.
Licenses issued in Georgia are subject to revocation, withdrawal or suspension. To verify the current status of a license call 770-986-1269 or check our web site at http://www.state.ga.us/dbf/
PER LOAN FEES - "Per loan" fees for the second half of 2002 were due by March 1, 2003. If you hold a Georgia Residential Mortgage Lender license, you should have received a Reporting Form in January 2003. Please use this form to remit your fees. Contact the Department or use the internet form if you did not receive your copy. Regardless of the volume of loans (even "0" loans closed), you should send in the fee report. If you are a licensed mortgage broker or if you are exempt from licensing or registration a copy of the "per loan" fee reporting form can be found on our website or in Rule 80-5-1-.04 (2) issued by this Department. The fine for late filing of your Per Loan Fees is $1,000. These fines have been posted to the delinquent licensees. If you do not close the loan in your name, and your name is not on the security deed - you do not owe any "per loan" fees. Proper payment of these fees will be monitored by our examination team. Failure to pay the fees may result in non-renewal of your license.
The ANNUAL LICENSE RENEWAL process is now underway. Renewal application forms for the fiscal year 2004 mortgage licenses were distributed beginning February 7, 2003. A $300 late fine will be assessed against licensees who fail to return the renewal application form prior to April 1, 2003. As in prior years, all outstanding issues such as fines, fees, stale audits, complaint resolution, etc. must be resolved before your renewal license will be granted. Licensees who do not complete the renewal process by June 30, 2003, will have their licenses expire, and will have to cease operations. If you have not received your renewal application forms, please contact the Department immediately.
GEORGIA FAIR LENDING ACT This law has been amended. You may view the current changes by going to the following website: http://www.legis.state.ga.us/legis/2003_04/versions/sb53_SB_53_HCSFA_9.htm
MORTGAGE APPLICATION
The Mortgage Division has revised several application forms including Change In Management, Change In Address, and Change In Control. Please refer to the following website to review the current forms: http://www.ganet.org/dbf/mortgage_forms.html .
FINGERPRINT CARDS
Please remember that all persons submitting fingerprint cards to the Department should obtain the blank cards directly from the Department. One set consists of TWO cards. The fee for processing these cards is $30. This fee should be submitted to the Department in the form of a money order or certified check.
Also, it is important that the fingerprinting process be performed by trained law enforcement personnel. We have had many "self prepared" cards rejected by the GCIC and the FBI because the prints had avoidable problems (such as smudging)and as a result could not be processed. Cards which cannot be processed must be redone and reprocessed through the law enforcement system, which extends the processing time for the application.
Also remember that when having fingerprints taken, after the fingerprints are on the card, the card should be protected to insure that smudging does not occur due to contact with other objects.
SURETY BONDS AND RENEWALS
Beginning July 1, 2002, the law was changed regarding the surety bond. In addition to the requirements contained in O.C.G.A. 7-1-1003.2 for a bond, the bond requirement for any lender or broker license utilizing a bond is such that the bond shall have a stated term of one year or less, and shall expire on June 30 of each year.
Please remember that in order to renew your license a current bond must be in effect. The bonding companies will notify the Department of any cancellations 30 days prior to the expiration date fo the bond. If the Department received a cancellation notice regarding any licensee in June, the license will NOT be renewed unless the Department receives notice of reinstatement of the bond prior to expiration.
Licensees using bonds are encouraged to review the status of their bond with their bonding company to facilitate the renewal of their license and prevent the issuance of a revocation notice.
LOAN PROCESSORS
The Department is considering a change in its policy regarding third party, independent mortgage loan processors. If the Department makes the changes under consideration, third party, independent mortgage loan processors will be required to be licensed as a mortgage broker or be an exclusive, W-2 employee of a single mortgage licensee. Heretofore, the Department has allowed third party, independent mortgage loan processors to be excluded from the licensing requirements and has allowed mortgage licensees to do business with unlicensed mortgage loan processors or mortgage loan processing companies. The Georgia Fair Lending Act specifically addresses loan processors and includes "processing" in its definition of `creditor'. Additionally, loan processing now involves considerably more consumer contact. This exclusion may no longer be permitted by the Georgia Residential Mortgage Act (GRMA). Third party, independent mortgage loan processors may need to be licensed or qualify for the employee exemption permitted under GRMA. If the Department's policy does change, notice will be provided to existing licensees through future editions of the Monthly Summary and its website, www.state.ga.us/dbf. New licensees will be notified at the time their license is issued.
OUT OF STATE BROKERS
The Official Code of Georgia Section 7-1-1003.1 states, in part, that if the applicant for a new or renewal mortgage broker license does not have a physical place of business in Georgia, then a license or a renewal may only be issued if the applicant's home state also does not require that in order to be licensed a mortgage broker must have a physical place of business in their home state. This location must be staffed by at least one supervised employee. It can not be a post office box or any other place where the public receives mail, deliveries, or messages. Currently the states of Alabama, Massachusetts, New Jersey, North Carolina, Pennsylvania, South Carolina, and Texas have the requirement that brokers have a physical place of business in their home state.
CEASE AND DESIST ORDERS - Issued
Megamerica Mortgage Group, Inc. (license no. 12718) San Antonio, TX - Cease and Desist Order issued 0220-03 and became final 02-20-03.
Randles, Michael D., Stone Mountain, GA - Cease and Desist Order issued 03-02-01 and became final 04-0101.
CEASE AND DESIST ORDER - Lifted
Weaver, Otis (Equity Mortgage Funding, Inc. - license no. 13406) Atlanta, GA - Cease and Desist Order issued 07-10-02 was LIFTED on 02-03-03.
FINAL CONSENT ORDER
None
LICENSEES/REGISTRANTS REVOKED, EXPIRED, SUSPENDED, WITHDRAWN OR DENIED IN FEBRUARY 2003
ID#
5991 7101 12137 12365 12718 13019 13042 13805 13916 14315 14412 14490 14912
NAME
SWAINSBORO FINANCIAL AEGIS MTG CORP YARBROUGH, RHONDA 1ST CHOICE FIN SVCS LTD MEGAMERICA MTG GRP INC OLYMPUS SERVICING LP UNITED FINL MTG CORP E & Y MTG CORP INC SURETY MTG INC AFFORDABLE REMODELING WAYNE FRIER HM CTR BIL-RAY ALUMINUM SIDING C ALLSTATE MTG BROKERS INC
CODE
LD LD BD BD BD LD LD BD LD BD BD BD BD
REVOKED
02/13/2003
02/18/2003 02/18/2003
EXPIRED
SUSPENDED
WITHDRAWN
02/18/2003 02/11/2003
02/06/2003 02/25/2003 02/28/2003 02/20/2003 02/06/2003 02/03/2003 02/19/2003
02/06/2003
DENIED
LICENSEES/REGISTRANTS REVOKED, EXPIRED, SUSPENDED, WITHDRAWN OR DENIED IN FEBRUARY 2003
ID#
15261 16303 16307 16389 16450 16585 16912 16995 17777
NAME
CODE
HOMEWISE ENTERPRISES INC BD
RLI MTG SVCS LLC
LD
ROYAL CROWN MTG INC
LD
DJM MTG
BD
YOUR MORTGAGE LENDER
LD
PROFESSIONAL MTG CORP
LD
EWEB FUNDING GRP LLC
LD
NORTHSTAR FINL SVCS INC
BD
CAPITOL COMMERCE MTG CO. LD
REVOKED
02/27/2003 02/03/2003
02/11/2003
EXPIRED
SUSPENDED
WITHDRAWN
02/04/2003 02/10/2003
02/03/2003 02/01/2003 02/10/2003
02/21/2003
DENIED
TOTAL: 22
LICENSEES/REGISTRANTS APPROVED OR REINSTATED IN FEBRUARY 2003
ID#
13971 15746 17790 17956 17964 18035 18036 18104
5813 16361 17904 18068 18086 18103 18013 18030 18096 15380 18067 18074 18075 18087 18127 18137 18141 18142 18145
COMPANY NAME
CITY
ST
Edward D. Jones & Co., LP #
ST. LOUIS
MO
Quincy Fortson
ALBANY
GA
Nations Investment, Inc.
FLORISSANT
MO
Suk Hyoun Yoon
DULUTH
GA
Jason Keith Rogers
KENNESAW
GA
Peggy Jo Massey
KENNESAW
GA
Richard E. Schmidt
LILBURN
GA
Future Unlimited, LLC
CUMMING
GA
First Realty Mortgage +
ROSWELL
GA
Hogarty Funding Group, Inc. *
PLEASANTON
CA
Easy Mortgage Brokers, LLC
COLUMBUS
GA
Solid Rock Mortgage, Inc.
MONROE
GA
Storehouse Mortgage, LLC
STONE MOUNTAIN GA
Good Quest Financial
DULUTH
GA
F & T Mortgage, Inc.
ADDISON
TX
Horizon Financial Consultants,
SAVANNAH
GA
1st Nations Mortgage
CHARLOTTESVILLE VA
All Credit Mtg Lenders, LLC +
DUNWOODY
GA
Buckingham Mortgage
ROCKVILLE
MD
Green Oak Mortgage, LLC
HOSCHTON
GA
Pinnacle Financial Solutions, Inc. ATLANTA,
GA
MortgageLoanz.com, Inc.
CHAMBLEE
GA
Mattie Sue Callahan
JASPER
GA
James H. Spinks
WARNER ROBINS
GA
Charles Edward Thompson,Jr.
MACON
GA
Michael Flynn Browning
CORDELE
GA
Primacy Mortgage, Inc.
DULUTH
GA
MB CODE
R B B B B B B B B L B B B B B B B B B B B B B B B B B
ORIGINAL APPROVAL
10/09/1998 02/07/2003 02/07/2003 02/07/2003 02/07/2003 02/07/2003 02/07/2003 02/07/2003 06/18/1993 04/13/2001 02/14/2003 02/14/2003 02/14/2003 02/14/2003 02/21/2003 02/21/2003 02/21/2003 03/24/2000 02/28/2003 02/28/2003 02/28/2003 02/28/2003 02/28/2003 02/28/2003 02/28/2003 02/28/2003 02/28/2003
RENEWAL
02/07/2003 02/07/2003 02/07/2003 02/07/2003 02/07/2003 02/07/2003 02/07/2003 02/07/2003 02/14/2003 02/14/2003 02/14/2003 02/14/2003 02/14/2003 02/14/2003 02/21/2003 02/21/2003 02/21/2003 02/28/2003 02/28/2003 02/28/2003 02/28/2003 02/28/2003 02/28/2003 02/28/2003 02/28/2003 02/28/2003 02/28/2003
REINSTATED
LICENSEES/REGISTRANTS APPROVED OR REINSTATED IN FEBRUARY 2003
ID# COMPANY NAME
CITY
18146 13356 15152
Jay Barr Burton & Burton Mortgage, Inc. Southern Mtg Unlimited, Inc. *
WOODSTOCK TALLAHASSEE TIFTON
ST MB CODE
GA B FL B GA L
ORIGINAL APPROVAL
02/28/2003 03/27/1998 11/12/1999
RENEWAL
02/28/2003 02/21/2003 02/21/2003
REINSTATED
02/21/2003 02/21/2003
TOTAL: 30
B = BROKER L = LENDER R = REGISTRANT
+ Downgrade Lender to Broker * Upgrade Broker to Lender # Upgrade Broker to Registrant
FINES ASSESSED IN FEBRUARY 2003
ID#
ISSUE
DATE
FINE
FINE
REASON
PAID DATE
COMPANY NAME
CITY
ST
5661 02/11/2003 B&R
$500.
Central Mortgage Corporation
Smyrna
GA
5818 02/27/2003 B&R
$500.
Cash Credit Corporation (Iowa)
Austell
GA
5818 02/27/2003 FILE
$500.
Cash Credit Corporation (Iowa)
Austell
GA
6199 02/19/2003 BR
$250.
Invest America Mortgage Corp.
Atlanta
GA
6199 6578 6842 7233
02/19/2003 02/13/2003 02/13/2003 02/24/2003
MGR FILE FILE MGR
$250.
Invest America Mortgage Corp.
Atlanta
GA
$500. 02/26/200 Southeast Mortgage of Georgia, Inc.
Lawrenceville
GA
$500. 02/19/200 Real Estate Depot, Inc., The
Atlanta
GA
$750.
Morgan Stanley DW, Inc.
New York
NY
7399 7399 7399 7403 7486 12121 12121
02/13/2003 02/13/2003 02/13/2003 02/21/2003 02/11/2003 02/27/2003 02/27/2003
FEL B&R FILE B&R B&R BR MGR
$1000. $500. $500. $500. $500. $250. $250.
First Georgia Mortgage & Financial
Newnan
GA
First Georgia Mortgage & Financial
Newnan
GA
First Georgia Mortgage & Financial
Newnan
GA
Gene Austin
Augusta
GA
Taylor Construction Company, Inc.
Dunwoody
GA
Associates Housing Finance, LLC
Irving
TX
Associates Housing Finance, LLC
Irving
TX
12252 02/05/2003 CIC
$500. 02/10/200 American Mortgage Services, Inc.
Norcross
GA
13087 02/17/2003 FILE
$500.
Square One Mortgage, LLC
Lithonia
GA
13167 02/27/2003 B&R
$500.
EEWC, Inc.
Tucker
GA
13167 02/27/2003 1013
$1000.
EEWC, Inc.
Tucker
GA
13406 02/04/2003 B&R
$500.
Equity Mortgage Funding Group, Inc.
Atlanta
GA
13406 02/04/2003 B&R
$500.
Equity Mortgage Funding Group, Inc.
Atlanta
GA
13406 02/04/2003 FILE
$500.
Equity Mortgage Funding Group, Inc.
Atlanta
GA
13802 02/04/2003 NSF
$350.
Innovative Mortgage Solutions, LLC
Norcross
GA
13802 13964 13964 14888 14888
02/04/2003 02/19/2003 02/19/2003 02/13/2003 02/13/2003
NSF CIC CIC B&R B&R
$25. $500. $500. $500. $500.
Innovative Mortgage Solutions, LLC
Norcross
GA
Northland Services, Inc.
Duluth
GA
Northland Services, Inc.
Duluth
GA
Federated First Mortgage Corporation
Hilton Head
SC
Federated First Mortgage Corporation
Hilton Head
SC
14985 02/27/2003 B&R
$500.
American Mortgage & Financial
Mauldin
SC
14985 02/27/2003 BR
$250.
American Mortgage & Financial
Mauldin
SC
FINES ASSESSED IN FEBRUARY 2003
ID#
ISSUE
DATE
FINE
FINE
REASON
PAID DATE
COMPANY NAME
CITY
ST
14985 02/27/2003 MGR
$250.
American Mortgage & Financial
Mauldin
SC
14985 02/27/2003 B&R
$500.
American Mortgage & Financial
Mauldin
SC
14985 15144 15380 16543
02/27/2003 02/24/2003 02/21/2003 02/13/2003
CIC B&R NSF BR
$500. $500.
$25. $250.
American Mortgage & Financial
Mauldin
SC
Myarb Realty Corp.
Ozone Park
NY
All Credit Mortgage Lenders, LLC
College Park
GA
Professional Mortgage Network, Inc.
Marietta
GA
FINE REASON
1013 1099 B&R BR CD CIC EMP FEE FEL
Prohibited Acts 1099 employees
Books & records Unapproved branch
Violation of Cease & Desist Order Acq. of 25% ownership without approval
Employer under C&D or revocation $6.50 fees not paid
Employment of a felon
FILE LAR
MGR NSF
REL REN
UL OTH
Loan files not properly maintained Late filing Written Annual Report
Unapproved branch managers Check returned for insufficient funds
Relocation of office without notice Renewal filed late
Doing business with unlicensed entity Miscellaneous other