Monthly Summary of Mortgage Activities
Georgia Department of Banking and Finance 2990 Brandywine Road, Suite 200, Atlanta, GA 30341-5565
AUGUST 2001 SUMMARY OF ACTIVITIES - MORTGAGE DIVISION
Please review the enclosed list for details on licensee additions and deletions which occurred during August. The Mortgage Division received 36 applications for a new license or registration and 14 applications for reinstatement of previously revoked or withdrawn license. Nine licenses were either revoked or withdrawn during August. There were 2,522 current licensees/registrants as of August 31, 2001.
LICENSES ISSUED IN GEORGIA ARE SUBJECT TO REVOCATION, WITHDRAWAL OR SUSPENSION. TO VERIFY THE CURRENT STATUS OF A LICENSE CALL 770-986-1633 OR CHECK OUR WEB SITE AT http://www.state.ga.us/dbf/
In August, four regular mortgage broker/lender examinations were performed by the Mortgage Division examination team. Also, the Mortgage Division received 2,735 mortgage related telephone calls. Of these calls, 507 were verbal consumer inquiries; and 202 were verbal consumer complaints. The Division of Legal and Consumer Affairs, (770) 986-1633, is charged with the responsibility of handling legal inquiries and consumer complaints.
If you are a current licensee and would like to be notified when the Monthly Mortgage Summary is available on the Internet, please E-mail a message to dbfmort@dbf.state.ga.us. Be sure to include your license number and the name of your company in your message. If you do not have E-mail but do have a local Atlanta FAX number (area codes 770, 404, 678, or 800, or 888), have a 9600, or 14400 baud modem, are not currently receiving the Monthly Mortgage Summary by fax, and would like to have the Summary faxed to you, please send a fax to DBFMORT at the Department's Mortgage Division at 770-986-1029.
PER LOAN FEES - "Per loan" fees for the first half of 2001 were due by September 1, 2001. If you have reported the "per loan" fees to the Department during the past 12 months or if you hold a Georgia Residential Mortgage Lender license, you were mailed a "per loan" fee reporting form. Please use this form to remit your fees. 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 will be 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. Regardless of the volume of loans (even "0" loans closed), you should send in the fee report. Proper payment of these fees will be monitored by our examination team.
AUDITED FINANCIAL STATEMENTS - Lenders and some Brokers have licenses which are dependent upon the filing of current audited financial statements with this office. Those whose audits which are more than 15 months old may be subjected to fines and/or revocation of their license. It is the RESPONSIBILITY of the licensee, as professionals licensed to operate in the mortgage industry to insure that these audits are current AT ALL TIMES. Care must be taken to employ a CPA who has time to service your account in a manner so as to protect your license. Requests for an extension will not be granted. License renewals will not be granted for those licensees
whose audits are not current. Please keep in mind that the net worth requirements in Georgia are predicated on tangible assets. Assets including but not limited to items such as "goodwill" and accounts "due from" shareholders, affiliated companies, directors or officers will not count as tangible assets.
REPEAT: COUNTERFEIT LICENSE
WARNING: Examples of counterfeit 2002 licenses continue have been sent to this office. For example, there is a counterfeit license for #7465, Southeast Factory Direct, Box 735 Old Zebulon Road, Zebulon, GA 30295, being circulated by an unlicensed individual. This license was revoked on 11-20-2000. Licensed brokers and lenders are reminded that fines will be issued for dealing with unlicensed brokers. All lenders are advised to call to confirm the license status of each broker with which they do business. Brokers must be aware that it is not legal to co-broker with unlicensed parties. See Rule 80-11-3 for a listing of the fines which will be imposed.
PLEASE NOTE:
Commissioner Bridges has appointed Drexel Beck as Acting Deputy Commissioner for Mortgage Affairs. This interim appointment is due to Robley Rigdon's long term military assignment to Bosnia, where he is serving as Assistant Division Commander in NATO's Multi National Division. Robley is expected to return to his DBF duties during the last quarter of 2001.
CEASE AND DESIST ORDERS ISSUED - July
Southeast Factory Direct, Zebulon, GA- Cease and Desist Order issued 07-31-01, and became final 08-20-01.
MEMORANDUM OF UNDERSTANDING
On August 23, 2001, the Department entered into a Memorandum of Understanding (MOU) with Allstate Home Improvement (Allstate) , J.V. Cheek, Jr. (Cheek) , and Johnny Hughes (Hughes). The primary provisions of that memorandum included a prohibition for Hughes to be involved in any way in the mortgage business, including but not limited to signing checks, performing any loan function, loan processing, or even discussing the mortgage loan business. Allstate and Cheek agree to perform criminal background checks on all current and future employees. Allstate and Cheek also agree to correct all criticisms contained in the June 25, 2001 Report of Examination issued by the Department, and to establish and implement policies, procedures, and practices which will ensure that the books and records are properly maintained.
THE IMPORTANCE OF CONDUCTING EMPLOYEE BACKGROUND CHECKS.
Individuals and companies which operate as mortgage licensees in the State of Georgia each sign an oath which, among other things, provides a pledge that they will not hire felons who have not received a pardon from the Board of pardons and paroles. All too often, in the course of conducting mortgage examinations, our examiners discover individuals are working in the industry who have criminal background problems. When our examiners discover this situation fines may be imposed, and the license is subject to revocation. Cease and Desist orders may also be issued against the parties involved. If you or your company is a Georgia Mortgage licensee, it is your responsibility to screen all potential employees, to include having criminal background checks performed. You may do this with the permission of the applicant. The employment of any applicant who does not permit a background check could potentially jeopardize your license (for violation of your oath) and/or result in significant fines. For your own protection, it is also suggested that you perform background checks on all employees who did not receive such a review when employed. The "I did not know" excuse is not acceptable to this Department.
As professionals operating in the mortgage industry, it is your responsibility to take whatever steps are necessary to "know your employees". Please keep in mind that we also receive "tips" from your competition regarding illegal practices. Consumer complaints also provide a wealth of information regarding the activities of those who are not content to operate within the law.
Note: As of July 1, 2000 the Georgia Law has been changed to allow for the Georgia Crime Information Center to disseminate electronically criminal history records of in-state felony convictions, pleas, sentences to private persons, businesses, public agencies, and political subdivisions upon request without fingerprint comparison or consent of the person whose records are requested.
LICENSEES/REGISTRANTS APPROVED OR REINSTATED IN AUGUST 2001
ID# COMPANY NAME
16630 16575 16642 16647 16648 16655 16665 16670 16682 16686 16687 16592 16602 16646 16660 16680 16692 16443 16562 16623 16624 16664 16684 16693 16696 16707
5929 12203 15556 15783 16207 16628 16652 16681
Homesouth Mortgage Services, C & S Mortgage Services, Inc. James I. York William Denman Goodwin Cando Funds, Inc. Sandra Chestnut Carter Brian Sean Coughlin Westfield Mortgage & Financial Shirley A. Williams All Access Mortgage Corporation Freddie M. Edenfield American Summit Lending Liberty Mortgage, Inc Reliance Financial Service, Inc. American Liberty Mortgage, Inc. HomeSense Financial, Inc Thomas S. Hogan II HomeOne Credit Corp. Greater Potomac Mortgage Pioneer Retail Corporation Crossroads Mortgage, Inc. Best Mortgage and Financial Kellner Mortgage Investments, QC Mortgage Services, Inc. Southland Funding Corporation Alegis Group Loan Servicing, LLC Countrywide Home Loans, Inc. # Full Spectrum Lending, Inc. # CWABS, Inc. # CWMBS, Inc. # Countrywide Hm Loans Svcing # Key West Funding Corporation Mortgage Services U.S.A. Inc. Matrix Investment Corporation
CITY
ST MB ORIGINAL RENEWAL CODE APPROVAL
BIRMINGHAM
AL L
08/10/2001 08/10/2000
MARIETTA
GA B
08/03/2001 08/03/2001
DECATUR
GA B
08/03/2001 08/03/2001
LAWRENCEVILLE GA B
08/03/2001 08/03/2001
STONE MOUNTAIN GA B
08/03/2001 08/03/2001
WARNER ROBINS GA B
08/03/2001 08/03/2001
SNELLVILLE
GA B
08/03/2001 08/03/2001
MOULTRIE
GA B
08/03/2001 08/03/2001
EAST RIDGE
TN B
08/03/2001 08/03/2001
ATLANTA
GA B
08/03/2001 08/03/2001
MORROW
GA B
08/03/2001 08/03/2001
EDEN PRAIRIE
MN L
08/10/2001 08/10/2001
JACKSONVILLE
FL B
08/10/2001 08/10/2001
DULUTH
GA B
08/10/2001 08/10/2001
SUWANEE
GA B
08/10/2001 08/10/2001
DOUGLAS
GA B
08/10/2001 08/10/2001
ATLANTA
GA B
08/10/2001 08/10/2001
HOUSTON
TX L
08/17/2001 08/17/2001
VIRGINIA BEACH VA L
08/17/2001 08/17/2001
JACKSONVILLE
FL B
08/17/2001 08/17/2001
MEMPHIS
TN L
08/17/2001 08/17/2001
OAK BROOK
IL L
08/17/2001 08/17/2001
CARROLLTON
GA L
08/17/2001 08/17/2001
ELLENWOOD
GA B
08/17/2001 08/17/2001
SUWANEE
GA B
08/17/2001 08/17/2001
GREENVILLE
SC L
08/17/2001 08/17/2001
CALABASAS
CA R
06/28/1993 08/24/2001
CALABASAS
CA R
02/07/1997 08/24/2001
CALABASAS
CA R
06/16/2000 08/24/2001
CALABASAS
CA R
06/23/2000 08/24/2001
CALABASAS
CA R
12/15/2000 08/24/2001
ATLANTA
GA B
08/24/2001 08/24/2001
DANIA BEACH
FL L
08/24/2001 08/24/2001
GROTON
CT L
08/24/2001 08/24/2001
REINSTATED
LICENSEES/REGISTRANTS APPROVED OR REINSTATED IN AUGUST 2001
ID# COMPANY NAME
16683 16704 16705 16720 16721 16723 16703 16712 16714 16724 16726 16728 13427 13120
7430 11764 12447 13817
5754 12341 13150 13870 14020 12181
Southeastern Renovations, Inc. American Home Loan Corp. Jackie Fay Hegwood Melanie Sue Windau Felecia Kornegay Roderick Anthony Stovall, Jr. First Rate Mortgage Group, Inc. Derek Staden Southern Financial Resource Trina Shanine' Alston GK Capital, LLC Thomas Burkett A-One Home Loans, Inc. Carlton C. Jones Roy A. Gisondo Citizens Trust Bank Mortgage Loan Store, Inc. (The) United California Systems Tamara Smith-Hicks Yancena Perry American Siding & Window C&S Mortgage Co., Inc. Bridge Mortgage Bank of America, Evaline Nguyen
CITY
ST MB CODE
WOODSTOCK
GA B
SUWANEE
GA B
TRENTON
GA B
CARTERSVILLE
GA B
ATLANTA
GA B
ATLANTA
GA B
HOLLYWOOD
FL L
SNELLVILLE
GA B
CONYERS
GA B
LITHONIA
GA B
ATLANTA
GA B
MARIETTA
GA B
AUGUSTA
GA B
ATLANTA
GA B
ATLANTA
GA B
DECATUR
GA R
ST LOUIS
MO L
LOS ANGELES
CA L
COLUMBUS
GA B
STONE MOUNTAIN GA B
SAVANNAH
GA B
LILBURN
GA B
NORTH MIAMI
FL L
SUWANEE
GA B
ORIGINAL APPROVAL
08/24/2001 08/24/2001 08/24/2001 08/24/2001 08/24/2001 08/24/2001 08/31/2001 08/31/2001 08/31/2001 08/31/2001 08/31/2001 08/31/2001 04/17/1998 02/06/1998 10/27/1995 07/19/1996 05/09/1997 08/21/1998 06/04/1993 03/28/1997 01/30/1998 08/28/1998 11/06/1998 01/24/1997
RENEWAL
08/24/2001 08/24/2001 08/24/2001 08/24/2001 08/24/2001 08/24/2001 08/31/2001 08/31/2001 08/31/2001 08/31/2001 08/31/2001 08/31/2001 08/03/2001 08/10/2001 08/17/2001 08/17/2001 08/17/2001 08/17/2001 08/24/2001 08/24/2001 08/24/2001 08/24/2001 08/24/2001 08/31/2001
REINSTATED
08/03/2001 08/10/2001 08/17/2001 08/17/2001 08/17/2001 08/17/2001 08/24/2001 08/24/2001 08/24/2001 08/24/2001 08/24/2001 08/31/2001
TOTAL: 58
B = BROKER L = LENDER R = REGISTRANT
+ Downgrade Lender to Broker * Upgrade Broker to Lender # Upgrade Lender to Registrant
FINES ASSESSED IN AUGUST 2001
ID# ISSUE DATE
FINE
FINE
REASON
PAID DATE
COMPANY NAME
CITY
ST
5959 08/14/2001 B&R
$500. 09/10/2001 Official Mortgage & Investments, Inc.
Riverdale
GA
5959 08/14/2001 FILE
$2500. 09/10/2001 Official Mortgage & Investments, Inc.
Riverdale
GA
7101 08/15/2001 OTH
$250. 08/30/2001 Aegis Mortgage Corporation
Houston
TX
11734 08/15/2001 REL
$250. 09/06/2001 Origen Financial, Inc.
Glen Allen
VA
13622 08/02/2001 FILE
$3000.
New Start Mortgage, Inc.
Macon
GA
13622 08/02/2001 UL
$3000.
New Start Mortgage, Inc.
Macon
GA
13622 08/02/2001 OTH
$1,000
New Start Mortgage, Inc.
Macon
GA
13622 08/02/2001 B&R
$500.
New Start Mortgage, Inc.
Macon
GA
13870 08/01/2001 REL
$250.
C&S Mortgage Co., Inc.
Lilburn
GA
14413 08/01/2001 REL
$250.
Eugene Fuller
Atlanta
GA
15618 08/14/2001 B&R
$500. 09/10/2001 North Point Federated Mortgage, Inc.
Cummings
GA
FINES ASSESSED IN AUGUST 2001
ID# ISSUE DATE
FINE
FINE
REASON
PAID DATE
COMPANY NAME
CITY
ST
15644 08/16/2001 1099
$2000. 09/12/2001 Boardwalk Mortgage, Inc.
Atlanta
GA
15644 08/16/2001 B&R
$500. 09/12/2001 Boardwalk Mortgage, Inc.
Atlanta
GA
15644 08/16/2001 FILE
$500. 09/12/2001 Boardwalk Mortgage, Inc.
Atlanta
GA
15647 08/03/2001 B&R
$500. 08/31/2001 Lotus Financial Services, Inc.
Cumming
GA
16283 08/29/2001 UL
$1,000
Prodigy Mortgage, Inc.
Marietta
GA
1099 B&R BR CD CIC EMP FEE FEL
FINE REASON
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 NSF REL REN UL OTH
Loan files not properly maintained Late filing Written Annual Report Check returned for insufficient funds Relocation of office without notice Renewal filed late Doing business with unlicensed entity Miscellaneous other
LICENSEES/REGISTRANTS REVOKED, EXPIRED, SUSPENDED, WITHDRAWN OR DENIED IN AUGUST 2001
ID# 5922 7355 11419 11960 15157 15375 15437 15781 16016 16116 16305 16430 16598 16614
NAME COMMERCE EQUITY MTG SOUTH ATLANTIC APEX MTG CO APPLE VALLEY HOMES INC PRIME SOURCE MTG INC MTG GRP INC FAMILY MTG CO, INC. AMERICAN FINL COLONNADE FINL LLC APPROVED FIN GRP INC ARTISAN MTG GRP INC FUNDING OF OUR RICHARDS MTG SVCING INC UNIVERSAL MORTGAGE
CODE BD BD BD BD BD LD BD LD LD BD BD LD LD LD
REVOKED 08/13/2001 08/16/2001
EXPIRED
SUSPENDED
08/31/200
WITHDRAWN DENIED
08/01/2001 08/28/2001 08/17/2001 08/28/2001 08/16/2001 11/20/2000 08/06/2001
08/29/2001 08/03/2001 08/31/2001 08/17/2001
TOTAL: 14